Thursday, November 24, 2011

Do You Know Why I Pulled You Over, Son?

I love our Constitution.  I love our Constitutionally limited republic.  It is right and just that the government should be limited to a few defined roles and that government authority should not impinge on individual liberty.

Mickey Kaus has an entry about the legally specious arguments being made in favor of the so-called "individual mandate" portion of Obamacare.

Can the government compel you to buy broccoli?  Can it ban all means of disposal other than consumption in order to force you to consume broccoli?

Well, OK then! As long as we can just leave it rotting in the fridge.** … But it’s a little suspicious–and surely not a selling point–that under Elhauge’s argument the only limits on government would be the rights — like “bodily integrity” and privacy — that liberal  lawyers have dreamed up but not the limit — i.e. whether or not something is “interstate commerce” – the Founders dreamed up.
Just what are the Constitutional limits that modern leftists would obey?

One suspects that the answer is "none", as long as they agree with the law in the first place.  Such is the seed from which the vine which will choke liberty is grown.

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