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Wednesday, June 30, 2010

Can Government Tell You What To Eat? Elena Kagan Seems To Think So

Not so shocking video: During her confirmation hearings, Senator Coburn asks Supreme Court nominee Elena Kagan if the government has the Constitutional power under the Commerce Clause, to require all Americans to eat three vegetables and three fruits a day.

She sidesteps the question by saying it would be a "dumb law." Then she says that the question of whether it's a dumb law is different from the question of whether or not it's Constitutional, implying that she thinks it is.

If Congress passed such a law, we could count on Justice Kagan not to strike it down. That is her kind of judicial philosophy, the kind that says the Commerce Clause essentially permits the government to do anything it wants. Watch the video yourself:

W. E. Messamore
, Editor in Chief
Articles | Author's Page

Cross posted from YAL

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