Reagan’s solicitor general: ‘Health care is interstate commerce. Is this a regulation of it? Yes.'
Reagans solicitor general: Health care is interstate commerce. Is this a regulation of it? Yes. End of story.
Posted by Ezra Klein at 01:09 PM ET, 03/28/2012
Charles Fried is a professor of law at Harvard University. From 1985 to 1989, he served as President Ronald Reagans solicitor general. He specializes in constitutional law and is the author of many books on the subject, including 2004s Saying What the Law Is: The Constitution in the Supreme Court. He also wrote a brief on behalf of 104 law professors arguing that the individual mandate is constitutional. We spoke this morning.
Charles Fried, who served as Reagans top lawyer, was not impressed by the Supreme Court yesterday. (Harvard Law School) Ezra Klein: Tuesdays arguments seemed to focus on the question of a limiting principle. So is there a limiting principle here?
Charles Fried: First of all, the limiting principle point kind of begs the question. It assumes theres got to be some kind of articulatable limiting principle and thats in the Constitution somewhere. What Chief Justice John Marshall said in 1824 is that if something is within the power of Congress, Congress may exercise that power to its fullest extent. So the question is really whether this is in the power of Congress.
http://www.washingtonpost.com/blogs/ezra-klein/post/reagans-solicitor-general-health-care-is-interstate-commerce-is-this-a-regulation-of-it-yes-end-of-story/2011/08/25/gIQAmaQigS_blog.html
wilt the stilt
(4,528 posts)I thought their analogies were childish.
freshwest
(53,661 posts)TheKentuckian
(25,029 posts)Especially, when not only am I compelled into a contract with a for profit entity but because I have a job I must take whatever coverage my employer wants, yet I have a mandate? Bullshit.
The scam is and has always been a scam from the day Heritage shat it from their fascist asses.