Friday, March 30, 2012

only congress regulates interstate and international commerce, state legislatures regulate everything else

this makes no sense. the commerce clause is inherently about what the federal government is allowed to do, as opposed to the states. if something congress does is ruled unconstitutional on commerce clause grounds (provided its not dormant commerce clause grounds), that means that congress overstepped its authority and passed the kind of law that only a state has the power to do. the tenth amendment makes that perfectly clear.

if opponents of health care reform wanted a theory to attack both romneycare and obamacare, they should have come up with a different argument than one that relies on the commerce clause.