Sunday, March 28, 2010

The Mom Rule of Constitutional Interpretation

Today the Seattle Times came out defending Attorney General Rob McKenna joining Florida's lawsuit over the healthcare bill.  They pointed out that Florida is footing the bill and that if you take a step back for a second it does seem kind of crazy that the healthcare bill is an expression of Congress's power to "regulate commerce."  Kudos to them for being fair. 

I would suggest here a principle of constitutional hermeneutics.  If you interpret a clause in such a way that you could not with a straight face explain your interpretation to your mother or your 4th grade English teacher, then you have gone too far.

Do you want to tell your mom that you believe that the right to "regulate Commerce...among the several States" includes the right to force every citizen to buy insurance?  I don't, brother.

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