Tuesday, April 03, 2012


...the obvious political machinations conducted by the administration to ostracize the SCOTUS prior to its "official" ruling, there still lies the question of law and the challenge to the ACA under the enumerated powers of the Constitution, and more specifically, the commerce clause.

The claim of an unbroken historical understanding of the Commerce Clause put forward by Obamacare supporters is nothing more than a myth cooked up for the occasion. But to supporters of the ACA, it is a necessary myth, which they invoke in order to lend legitimacy to their case for the constitutionality of the law. And on this point at least, for all their anger and resentment, they are correct. It is far easier to extend Wickard v. Filburn to the case of supposed inaction if that decision were on all-fours with Gibbons.

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