Stephen Breyer in The Los Angeles Times


On Health Care: Broad authority for interstate commerce, like ObamaCare

In a case that may affect the healthcare overhaul, the justices vote 7 to 2 to give Congress 'broad authority' to enact all laws that are 'necessary and proper' to carrying out its constitutional power. The Supreme Court set a potential blueprint Monday for upholding the recently enacted healthcare law and its mandate that all Americans have insurance, saying Congress has a "broad authority" to pass laws that are "rationally related" to its constitutional aims.

The Constitution not only gives Congress the power to regulate interstate commerce, but the authority to enact all laws that are "necessary and proper" to carrying out this authority. The "choice of means" for carrying out its aims is left "primarily to the judgment of Congress," said Justice Breyer in US vs. Comstock. If Congress has a delegated power, such as over interstate commerce, it may regulate it in a way that infringes on the state's authority.

Source: David Savage, Los Angeles Times, "Sex offendors" May 15, 2010

The above quotations are from Media coverage of CA political races in The Los Angeles Times.
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