Page 38 - Interstate Commerce News Today

American center for progress. and by the way, also former congressman who voted for the law. why were you convinced it will meet constitutional muster? >> you have seen a lot of conservative judges through the fourth circumstance kit and elsewhere back that up. remember the history here. the articles of confederation did not include an interstate commerce clause. george, washington, said that and other weaknesses also prevented us from winning the revolutionary war. the conservative argument was...

Grounds, not constitutional grounds. there is a very strong basis for congress authority under the commerce clause to do exactly what congress did. megyn: youve been making that argument for years about the commerce clause not just in connection with healthcare. i want to ask you one final thing, there is a report out from the hill that suggests that you have now said publicly that president obama abandoned you in the last days of your primary fight, you turned democrat and you needed his help t...

And many of our members just want the kia. megyn: there are businesses out there that have 46, 47 employees, there are reports they are not going to higher the extra three or four staff because that puts them over the top when it comes to the presidents healthcare law, you have to have 50 employees and they dont want 50. thats one way in which that could affect real hiring. >> thats the problem when you start interfering in the market with these sorts of interventions. we have a bigger constitut...

View. at a level like this, there are clear authorities on both sides if one wanted to reach a certain result. am i too jaded in the way i view that, or is there a more serious judicial mode of thinking, you think, that will be in play? >> that sounds just right. and youre not a former lawyer, youre a recovering lawyer. in any hard constitutional case, there are strong arguments on both sides. whenever anyone tells you the answer is clear, reach for your wallet so none of these things are easy. ...

Its the conservatives on the high court wholl provide the votes that save the health care law because of past rulings in which theyve endorsed a fairly broad interpretation of congress power to regulate interstate commerce. >> the constitution says that congress has the power to regulate commerce among the several states, and theres just no question that a law which regulates one-sixth of the national economy is commercial. >> reporter: now, on the other hand, if mandate is struck down, its hard...

What i mean by that is conservative justice scalia held that once congress has the power to regulate instance of interstate commerce, here banning the surance companies from dim citnating against insurers based on preexisting conditions it has the power to make any every regulation necessary to make the initial commerce clause regulation effective. here you have the argument by opponents of the law saying that the ban on preexisting conditions wont work without the mandate. if that is true, and ...

Difference but my question first for you, doug, as a former federal prosecutor, who has jurisdiction over this? was this a justice department question to begin with or why and could the states do whatever they want? >> this is actually pretty tricky, jamie. under the federal wire act of 1961, okay, a federal law made it illegal to gamble online interstate. but heres the interesting thing, in sporting events or contests. now the justice department said that banned everything beyond sports but the...

Itself will be expanding the scope of congressional power. gregg: general abbott, in fact judge silberman, and he is highly regarded especially by the supreme court, addressed that very issue. he said quote, the fact that congress never issued a mandate to purchase something before is political judgment left to congress, not a recognition of constitutional limitations. >> right. and theres a flaw in that argument and that is that every act that congress passes is a political judgment and importa...

Whether or not the presidents health care overhaul is constitutional. the case will be heard in march right in the thick of the 2012 campaign. and it comes at a time of shifting public opinion. look at this because a new poll released today shows more than half of americans support mandatory health insurance. 52% favor it. 47% oppose it. back in june the opposite was true. 54% were opposed. 44% were in favor of it. paul is a constitution allow professor at georgetown university and joins me now....

inching towards a civil lawsuit against penn state. what can you tell us about that? >> a pennsylvania attorney has been making the rounds on the morning talk shows saying an alleged victim of former coach jerry sandusky has hired him to explore a civil lawsuit and that would reportedly include a potential lawsuit, not only against the former coach, but anyone who may not have reported any attacks or aware of them. that is still developing. a lot of anticipation that there would be civ...