Rabu, 28 Maret 2012

Audio: Scalia lectures Verrilli on enumerated powers

Hot Air reports the guy who uploaded this to YouTube calls it a �benchslap.� It�s loads of fun, and the point about limited powers will sound familiar. The key part comes early when Scalia jumps in to challenge Verrilli�s citation of Court precedent. Those cases dealt with commerce, he says; in this case, the legislation is aimed at people who aren�t participating in commerce, i.e. people without insurance.
That�s a gut-punch to the left since, once you make that move conceptually, the Commerce Clause defense of the statute is hanging by a thread. You can follow his thinking over the rest of the clip from there. If it�s not commerce, then Congress has no power to regulate it, and if Congress has no power to regulate it, then the Tenth Amendment says this is a matter for the states. And to think, a few days ago, Democrats thought they might be able to use Scalia�s Raich opinion to swing him over to their side.
More here

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