commerce clause in the constitution under the necessary and proper clause. let me tell you something, this is going to wind up in the u.s. supreme court. the answer to that is i think the supreme court will probably uphold the constitutionality of this new health care law. >> richard, do you agree with that? >> i'm not sure how the supreme court will come down on it. it is going to the supreme court. two federal judges in the same jurisdiction made analysis and came up with completely difference ern divergent opinions. the question is to what extent cacongress command citizens, compel them to do something like purchase health care. if they are allowed to do that, how far will it go? can they compel you to eat certain foods? can they compel you to do certain things. >> avery, you're shaking your head. people are already talking in washington about trying to get us to eat certain foods and not.