Obamacare and the vile weed
Here's Jonathan Adler at the Volokh Conspiracy with "Justice Kennedy, the individual mandate and the broccoli question."
This, in the end, is why mandate defenders need to be able to provide a doctrinally satisfying answer to the broccoli question: If the federal government may require everyone to purchase qualifying health insurance plans from private companies, why can’t it also require everyone to purchase broccoli? Suggesting that Congress would never seek to do such a thing is insufficient, as citing political safeguards on federalism is no answer and does not respond to Justice Kennedy’s concern.How would Justice Newman rule on this?
Heh.
3 comments:
"It is fashionable in some academic quarters to dismiss the need for a justiciable limit on federal power. The argument that the principle limit on federal power is, and should be, political has a long pedigree."
Unfortunately for the author of this sentence, one of those quaint "academic quarters" is, and has long been, the United States Supreme Court.
Some of the examples cited for Justice Kennedy's alleged "show me the line" shift are less than compelling. For example, take Alden v. Maine. In that decision, the Court explicitly said that while the federal government is currently subject to certain limits, it would acquire the absolute right to abrogate states' sovereign immunity should Congress authorize it to do so. You know, kind of like they just did with the health care law.
UN PRESIDENT TIM KALEMKARIAN, US PRESIDENT TIM KALEMKARIAN, US SENATE TIM KALEMKARIAN, US HOUSE TIM KALEMKARIAN: BEST MAJOR CANDIDATE.
US PRESIDENT KIM KARDASHIAN US PRESIDENT KIM KARDASHIAN US PRESIDENT KIM KARDASHIAN SHE'S GOT A BETTER CHANCE THAN THAT GUY DOES
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