January 31, 2011

Commerce Clause’s Outer Limits

Today’s federal district court ruling that the ObamaCare individual insurance mandate exceeds Congress’s Commerce Clause powers makes this a perfect time to watch Reason Magazine’s excellent video exploring the outer limits of the Clause. The video includes a debate of sorts between constitutionalist law professor John Eastman and living Constitution proponent Dean Erwin Chemerinsky. Chemerinsky, who argues that Congress could require Americans to buy cars under the Commerce Clause, must be very unhappy with today’s decision.