Thursday, March 29, 2012

Reactions to the Day Three Health Care Arguments

Again, as compiled by Andrew Sullivan.

Good take on limiting principles from Akhil Reed Amar - Yale Constitutional Law prof:

The most important limit, the one we fought the Revolutionary War for, is that the people doing this to you are the people you elect. That’s the main check. The broccoli argument is like something they said when we were debating the income tax: If they can tax me, they can tax me at 100 percent! And yes, they can. But they won’t. Because you could vote them out of office. They have the power to do all sorts of ridiculous things that they won’t do because you’d vote them out of office. If they can prevent me from growing pot, can they prevent me from buying broccoli? Perhaps, but why would they if they want to be reelected? So if you ask me what the limits are, I’d say read McCulloch vs. Maryland. And reread it. And keep reading it till you understand it. The Constitution is a practical document,. it’s designed to work. And the powers are designed to be flexible in order to achieve the aims of the document.


Commentators have noted that the tone in the Supreme Court is increasingly hostile towards Congress, suggesting that they are prepared to take an activist and aggressive stance towards their view of legislative power and not defer to the political branches.