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View Diary: Mitt: No apology for HIS individual health care mandate (80 comments)

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  •  Actually, it goes back to the case (1+ / 0-)
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    of McCullogh v. Maryland, with Chief Justice John Marshall. It was reaffirmed most recently in United States v. Lopez, which held that the Gun Free School Zone Act exceeded Congress' authority under the Commerce Clause.

    And it's enumerated powers, not enumerated rights.

    •  Raich, in 2005, affirmed broad Commerce power (0+ / 0-)

      In the most recent case interpreting the extent of Congress's power under the Commerce Clause, Gonzalez v. Raich, the Court affirmed Congress's power to prohibit the possession of marijuana even in small amounts for personal medicinal use in a state that has legalized that -- on the grounds that this was a necessary part of Congress's right under the Commerce Clause to regulate the cultivation, trafficking and use of marijuana and other drugs.
      The decision was 6-3, with Justice Kennedy in the majority affirming Congress's power to enact the law, and with a concurrence from Justice Scalia specifically authorizing that application of the law under the Necessary and Proper clause (taken together with the power under the Commerce Clause).

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