Many attorneys and many law profs generally assume that the Commerce Clause is dead and, indeed, was laid to rest many years ago. Whenever I bring up my sentimental and quaint views of the Constitutional limits on federal power, colleagues often see me as a naive artifact from a former age. Which, perhaps, I am.
Lawyers rarely deal with Constitutional issues, just with ordinary civil and criminal laws and rules and regulations (of which there exist more than anyone could possibly know or even be dimly aware of, thus providing people like me with tidy incomes).
Fact is, the late, lamented death of the original meaning of the commerce clause (designed mainly, as I understand it, to eliminate then-existing obstacles to inter-state commerce) opened the door to the Feds regulating and controlling everything and anything they want to. One might wish that the FFs might have been a little more explicit in their definitions and intentions, but they could not have anticipated every single language loophole the feds might have decided to exploit in their reaches for more and more power, control, and money - even though that was their greatest fear and the reason they bothered to write the thing in the first place. King George lll would envy the power of our current federal government. Loopholes are always for the Common Good, naturally. Antique that I am, for me freedom is the ultimate Common Good. To me, the meaning of "Freedom" is freedom from the power of the state far more than it is freedom from external threats to security, or German threats to Europe, or Islamist insanity.
WSJ: ObamaCare Goes to Court - A historic showdown on the constitutional limits of federal power.
I predict that much or all of ObamaCare is upheld by the Supremes, in deference to Congress. I deeply hope that I am wrong because the feds have shown little ability to run much of anything effectively or flexibly except the armed forces, much less 17% of the American economy. We'll all end up with USPS medical care, and it will be frozen in law so it can no longer adapt or innovate, or even try to help me and you outside of government guidelines.
