Tuesday, March 23, 2010

Huh?

Help me out - am I missing something here?

In response to claims by 13 state AGs that the new health care law results in the federal government exceeding its constitutional authority, a Stetson University law professor had this to say:

Not so, said Bruce Jacob, a constitutional law professor at Stetson University in Florida, who said the suit seems like a political ploy and is unlikely to succeed.

"The federal government certainly can compel people to pay taxes, can compel people to join the Army," he said.


What? How is this guy a constitutional law professor? What kind of counter-examples are those? Section 8, Article I of the US Constitution explicitly gives the US government the authority to do the two activities he identifies:

The Congress shall have power to lay and collect taxes...

To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

To provide and maintain a navy...


So, how do his examples lead to the government therefore also having the right to force individuals to buy health insurance? Am I missing something, or is this guy the worst constitutional law professor ever?

2 comments:

Fredo said...

Heh. Documents. Arguments. Logic.

These are not the things on which legal precedent are made.

This Stetson Law (need I say more) professor has latched onto a far more important fact: The Democrats are really trying very hard to do good.

Fredo said...

As per Justice Marshall:

"The Constitution: A Living Document"

Breathing. Changing. Metamorphizing.

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Always sniffing for the truth

Always sniffing for the truth

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