Opponents to the health care bill that is still being worked out in Congress appear to have shifted their tactics against it. It seems certain that something will be passed and signed into law, but whatever is passed seems certain to be challenged in the courts.
The following opinion piece argues that opponents are likely to argue that provisions in the bill violate the founder's intent regarding, federalism, that is the proper relationship between the national and state governments.
As we will see in 2301, it all boils down to how the Supreme Court defines the commerce clause, which has been the elastic part of the Constitution which has allowed for expansions of national power since the New Deal.
We will dig deeply into this question this semester.
