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Sweeping expense of federal power in their history. that is something they have to defend. >> reporter: justice kennedy, he, too, offered opinion favoring the commerce power under the congressional clause but says just because it's purchased doesn't mean that congress can regulate it. bret? >> bret: thank you, shannon. the dow lost 15 on wall street. s&p 500 off 5. nasdaq dropped 26. no grapevine tonight so we can bring you more super tuesday coverage. up next, another crucial state. tennessee. and what matters to voters in the volunteer state. but first, another stop in ohio. this is hyde p...

Attorneys general who are tasked with protecting states' rights to stand up and sue. jon: you're saying the requirement that people buy health insurance individually, that you find unconstitutional. >> we do. yes. and now, the federal government, they will argue that somehow this is an expansion of their commerce clause power but there are big cases in the last decade in which the courts have said that commerce power is not without limits, it has to have commerce at its core and has to be something not left to the states. well, health insurance has been left to the states and on decision on wh...

Prohibit -- >> neil: don't states, i don't know about california but don't states mandate all residents have auto insurance? this will be the equivalent of that on a grander scale. >> it's federal. it's all the difference in the world between a sovereign state, which under a constitution, the 50 states are, to which all powers not specifically given to the federal government pertain. the federal government, which is limited. you have to find a grant of to and from the obama administration is saying it's commerce. but what i'm pointing out is never before and particularly three times in the las...

For amendments so it's one roll call vote after another. republicans plan to offer several, possibly into the hundreds. and at the very least they want to force tough votes for democrats headed into november. >> neil: we'll see, one way or the other. david, thank you very much. >> good to be here. >> neil: he signed seven minutes later they sued. do the attorneys generals have the case? only rudy giuliani would know. hell hath no fury like the party feeling the power. get ready.

Insurance, $15,000 for families, 7500 for a individual, we'll pass the ability to buy insurance in every state and drive down the price. we'll pass tort reform and a law like texas has which works beautifully, number of doctors in texas increasing. >> neil: you know what they're going to say? too little, too late. out in republicans are serious about an issue they really have never been serious about. >> i ran on that when running for president of the united states. this is what we would do if in power. give us a chance. give us a chance to check and balance this out of control left wing spira...