Anthony Kennedy in The New Republic


On Health Care: ObamaCare should be justified by other Constitutional powers

[Regarding ObamaCare's individual mandate, Kennedy said,] "When the inquiry is whether a federal law has sufficient links to an enumerated power to be within the scope of federal power, the analysis depends not on the number of links in the congressional power chain but on the strength of the chain." Kennedy signaled his openness to arguments supporting federal power if they are justified in terms of enumerated congressional powers such as the regulation of interstate commerce and the power to tax.
Source: Frank Colucci in The New Republic, "Inside the Mind" Mar 28, 2011

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