Is ObamaCare Constitutional? Continued
Richard Epstein ·
Jun 7, 2010 at 4:52am
You had asked several additional questions on this subject, Peter. Some answers:
Q. Do you suppose the state Attorneys General and the NFIB have chosen the strongest grounds on which so to argue?
A. There are no others available.
Q. Do you suppose we may entertain so much as the faintest hope that any court in the land would actually hold ObamaCare unconstitutional?
A. A faint hope yes. But a real hope, not very likely.
Q. If not, what will remain of the Constitution's government of limited and enumerated powers?
A. There is a false assumption in this premise. The doctrine of limited and enumerated powers was done away with in the New Deal period. We are now just realizing the costs of those mistakes.
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