The most appropriate limit on Congress’ enumerated powers was stated 193 years ago by Chief Justice John Marshall
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As to #2, I tend to agree — I think the minimum coverage provision is clearly constitutional, but this business of judicial surgery of major organs can be messy. If it is a “problem,” fine, let’s be honest about it and gut the statute. Congress made it a core aspect of the law, quite honestly (per the motive point) in promotion of regulation of interstate commerce. It was their call after a lot of strum and drang.
Posted by: Joe | Mar 26, 2012 12:09:12 PM