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Violates the constitution as applied to me, we're going to challenge this. so there are opportunities in the future, depending how the tax is labeled, which of the four is it? we don't know yet because the court didn't label it. it's an important question. >> i've not heard anyone bring up that argument. no one. do you think this is the grounds for yet another legal challenge to the validity of obamacare? >> i do. i do, governor. i think there's that possibility and we certainly will be discussing it. >> what about you, kenny, any, is this new grounds to look at a challenge? >> yeah, part of t...

Of years. when you look at the opinion, he gave too much deference to the executive branch and the constitution-- >> one other thing. >> the constitution in the hands of this president, governor, is a dangerous thing (applause) >> frankly, we have to make sure we have a branch willing to hold the executive and the legislative branch accountable. that's where he failed. i think as a strict strugsist goes he lot the commerce clause right and spending power right. what he didn't get right is the humility he talked about in his confirmation hearing, we're going to give great deference to the legis...

He wrote and a statute that congress did not pass. he rewrote it. and if you look at it congress and president ever said this was a tax, it would never have ever, ever, passed ever. and at least we can look at the portion that we did win under the commercial clause because i fully believe if we had lost under the the commerce clause there would be absolutely no limits to the federal government's power, none the at all. >> mike: and go to our question again, is there any limit on the taxing power? if itself it says that someone could, if you don't put energy efficient windows in your home they ...

Before that. it's massive, it's complicated. it needs fully digested what we do next and don't forget, we have multiple lawsuits out there. including the one i'm in, and the liberty and sterilization and abortion pill and no way i believe they're going to prevail on that issue, forcing us against our religious liberty, the churches, to provide things that they don't believe in religiously. >> mike: ken, were there a little bit of a maybe, silver lining in the cloud because of the medicaid ruling, that the at least, states can say they're not going to do the expanded medicaid. >> right, there w...

The law, along with the newly minted tax that used to be a penalty. i think it's very difficult, much more difficult, for republicans frankly to make the argument that we should take away thingsç that we know vote like because why wouldn't they like them. at this point, i think it becomes a tougher argument and i would actually be surprised if health care ends up being the central focus of this campaign that some people seem to think yesterday it's going to become. >> but michael steele, we've been complaining, and this past week mika called this a "seinfeld" campaign, because it was a campa...