Monday, January 25, 2010

Why health care, and many other Federal activities, are unconstitutional

The Tenth Amendment Center has published an interesting debate between Constitutional scholars Rob Natelson and Akhil Reed Amar on the Constitutionality of various federal laws and regulations based on the Interstate Commerce Clause. The writer, Prof. Natelson, takes a strict constructionist view. Prof. Amar takes a commonly-held "living Constitution" view that asserts federal authority over "anything touching interstate commerce," which Prof. Natelson shows was dismissed by the framers as "sophistry."

It is a clear explanation of an often (intentionally) muddled topic.

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