Thursday, February 03, 2011

More Obamacare unconstitutionality commentary

This time, an excellent article from Randy Barnett and Elizabeth Price Foley in the Wall Street Journal.
The Obama administration attempted to cloak an unprecedented and unsupportable exercise of federal power in the guise of a run-of-the-mill Commerce Clause regulation. When the weakness of that theory was exposed, it retreated to the Necessary and Proper Clause and the taxing power. Judge Vinson's decisive rejection of all these theories is another significant victory for individual liberty—the ultimate purpose of federalism—and it lays the intellectual groundwork for every decision on the mandate yet to come.
Read it all.

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