Thursday, July 01, 2010

Kagan can't answer: Does Congress have the power to tell people what to eat?

American Thinker Blog presents a bit of a problem for freedom: She refused to outline the limits of the Commerce Clause.

You may remember the Commerce Clause, it is part of the Constitution that gives Congress the power to regulate interstate commerce. The Commerce Clause has been used for good-i.e. enforcing civil rights for example, but it has also been used for bad--i.e. ObamaCare, bailouts, etc.

Ms. Kagan refused to say if a law that mandates how and what we are to eat is unconstitutional, which can be legitimately interpreted to mean that she doesn't see such a law as a violation of the Commerce Clause. Now, she did say it was a dumb law, but stupidity is not unconstitutional per se.

No comments: