The hottest topic in America right now -- as I write this, the Supreme Court is about to begin hearing three days of oral arguments -- is the constitutionality of several aspects of the legislation called the Patient Protection and Affordable Care Act, better-known as "ObamaCare." Much of what has been written about this case is predicated upon the idea that it is "settled law" that Congress has "broad powers" to regulate interstate commerce. Supporters of ObamaCare jump from that premise to the conclusion that the Court must uphold the law, while opponents argue that although Congress has that "broad power," ObamaCare goes too far and exceeds the authority granted to Congress.
What must be challenged is the premise that the Constitution actually does grant Congress "broad power" over interstate commerce. The fact is that the language of the Constitution itself does not confer such power. Anyone who reads the document in search of a clear statement -- and the drafters were nothing if not clear, careful writers -- that Congress or the executive branch is supposed to have any power at all to dictate to individuals and businesses how they must act when engaged in "interstate commerce" searches in vain.
What must be challenged is the premise that the Constitution actually does grant Congress "broad power" over interstate commerce. The fact is that the language of the Constitution itself does not confer such power. Anyone who reads the document in search of a clear statement -- and the drafters were nothing if not clear, careful writers -- that Congress or the executive branch is supposed to have any power at all to dictate to individuals and businesses how they must act when engaged in "interstate commerce" searches in vain.
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