0 comment Saturday, August 2, 2014 | admin
Greetings, sports fans.
I'm going to dive in and dive out and try to keep this brief.
Remember when I told you I was working on a post about the commerce clause? Umm, yeah, didn't think so.
But the commerce clause in the Constitution is incredibly and unfathomably important. I'm talking, "you'll never get your head around it" mind-bending.
Why? Because it's the one clause in the Constitution that . . . ostensibly . . . purportedly . . . (and in grossly simplified, liquified terms) lets Congress do whatever the hell it wants.
And oh, do we know Congress does whatever it wants.
Watch here as Elena Kagan tries to "slip slide it away" in her confirmation hearing, when a committee member asks her the straight-forward question: are there are any limits on Congress's ability to regulate society?
Any limits whatsoever?
Brace yourself for the answer. Get ready for goose bumps.
Please watch this.
Please.
I know I'm asking you to be a law nerd. But indulge me.
Because her answer is scary.
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P.S.: At least someone in Congress read George Will's excellent article. Perhaps now, gentle readers, you can understand why I'm all verklempt about the apparently limitless commerce clause.
Labels: Commerce Clause, Kagan