Episode 3: Congress, or Who Killed Our Government of Limited Powers?
This week, The Naked Constitution podcast lays bare the powers of Congress. Adam is joined by Professor Randy Barnett of Georgetown Law School (one of the principal architects of the legal challenge to ObamaCare), as well as our own Dr. Paul Rahe, Distinguished Professor of History at Hillsdale College.
In this episode – recorded before the ObamaCare decision was handed down – Professor Barnett previews the successful argument that the individual mandate is not within Congress’s Commerce Clause jurisdiction (the Court agreed – but little did we know that the Chief Justice would buy the administration’s argument that the mandate sometimes is and sometimes isn’t a tax). In a whirlwind history lesson, Dr. Rahe explains why the Framers vested Congress with limited powers, and Professor Barnett explains how the Supreme Court came to rewrite Article One – without the mess and inconvenience of actual amendments.
Pre-order Adam’s book, The Naked Constitution here.