Looking for limits

posted by
August 17, 2011
by Jacob Sullum  
Posted in Commentary

"Because the U.S. Supreme Court has treated the power to 'regulate commerce ... among the several states' like Silly Putty since the New Deal, explaining why it cannot be stretched to cover the health insurance mandate is harder than you might think. But as last Friday's decision by the U.S. Court of Appeals for the 11th Circuit illustrated, the law's defenders have a corresponding problem. Because a limitless Commerce Clause contradicts a fundamental constitutional principle, they have to justify the mandate in a way that does not also justify every other conceivable congressional dictate regarding how we spend our money." (08/17/11)


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