Saturday, June 26, 2010

Sweet Justice: Constitutional Quiz For Elena Kagan

If conservative senators would actually ask these questions of Supreme Court nominee Elena Kagan on Monday, I believe her answers would elicit some fireworks from the American public.

Tossing A Few Legal Queries Into The 'Void'
By George F. Will, Investors Business Daily
June 25, 2010

Given Elena Kagan's aversion to "vapid and hollow" confirmation hearings devoid of "legal analysis," beginning Monday she might relish answering these questions:

• It would be naughty to ask you about litigation heading for the Supreme Court concerning this: Does Congress have the right, under its enumerated power to regulate interstate commerce, to punish inactivity of not purchasing health insurance?

So, instead answer this harmless hypothetical: If Congress decides interstate commerce is substantially affected by the costs of obesity, may Congress require obese people to purchase participation in programs such as Weight Watchers? If not, why not?

• The government having decided that Chrysler's survival is an urgent national necessity, could it decide Cash for Clunkers is too indirect a subsidy and instead mandate that people buy Chrysler products?

• If Congress concludes that ignorance has a substantial impact on interstate commerce, can it constitutionally require students to do three hours of homework nightly? If not, why not?

• Can you name a human endeavor that Congress cannot regulate on the pretense that the endeavor affects interstate commerce? If courts reflexively defer to that congressional pretense, in what sense do we have limited government?
Read more . . .

2 comments:

  1. This article is more in depth re: COLB not a birth certificate never was merely a PAID POLITICAL ANNOUNCEMENT. This should clear up many of the contrived misconceptions generated by Obama/Gibbs and many other minions.
    http://jbjd.wordpress.com/
    "THE ATTRIBUTION IN THE FOOTER OF THAT AD CLEARLY SPELLS OUT WHO’S PAYING FOR THE IMAGE, AS LEGALLY REQUIRED UNDER THE U.S. CODE! FOR EXAMPLE, WHEN YOUR CLIENT WANTED THE NOMINATION, HE PAID FOR THE AD. (“PAID FOR BY BARACK OBAMA.”) WHEN HE HAD THE NOMINATION, HIS CAMPAIGN PAID FOR THE AD. (“PAID FOR BY OBAMA FOR AMERICA.”) WHEN HE WAS ELECTED POTUS, THE DNC SERVICES CORPORATION PAID FOR THE AD. (“PAID FOR BY ORGANIZING FOR AMERICA, A PROJECT OF THE DEMOCRATIC NATIONAL COMMITTEE SERVICES CORPORATION.”) (Smirking.) IN FACT, THE ONLY HARD COPY OF THAT COLB WHICH MIGHT HAVE EXISTED, WOULD BE THE MOCK-UP OF THAT PRINT AD ON “FIGHT THE SMEARS.”

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  2. Michelle,
    Are you the same Michelle who has become a big fan and regular commenter on jbjd's blog? (http://jbjd.wordpress.com/2010/06/22/jbjds-civics-civilians-quiz-2/#comments)

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