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Unique way, do you not have a heavy burden of justification to show authorization under the constitution? >> so two things about that, justice kennedy. first, we think this is regulation of people's participation in the health care market, and all -- all this minimum coverage provision does is say that instead of requiring insurance at the point of sale, that congress has the authority under the commerce power and the necessary proper power to ensure that people have insurance in advance of the point of sale because of the unique nature of this market. >> wow. we'll figure out what that means....

And constitutional. they came from the two men, donald virilli who was under pressure right away from justices who wanted to know where congress gets the power to force people to buy insurance. >> we think this is regulation of people's participation in the health care market and all this minimum coverage provision does is say that instead of requiring insurance at the point of sale, that congress has the authority under the commerce power and the necessary power to ensure that people have insurance in advance of the point of sale because of the unique nature of this market. >> the unique natu...

Who is defending the health care law of the president. >> when you are changing the relation of the individual to the government in this, what we can stipulate is i think a unique way, do you not have a heavy burden of justification to show authorization under the constitution? >> so two things about that, justice kennedy. first, we think this is regulation of people's participation in the health care market, and all -- all this minimum coverage provision does is say that instead of requiring insurance at the point of sale, that congress has the authority under the commerce power and the neces...

Grilling senator jonathan barili who is defending the health care law of the president. let's listen. >> when you are changing the relation of the individual to the government in this, what we can stipulate is i think a unique way, do you not have a heavy burden of justification to show authorization under the constitution? >> so two things about that, justice kennedy. first, we think this is regulation of people's participation in the health care market, and all -- all this minimum coverage provision does is say that instead of requiring insurance at the point of sale, that congress has the a...

Minimum coverage provision is a valid constitutional exercise of congress's power to tax and spend. >> shannon: i will give you the last word. is it a legitimate use of congressional power? >> at the end of the day, what we are confronted here is one of the most radical, sweeping engs engs -- expansions of federal power at the expense of liberty. they haven't given clear guidelines so they are not bound by a prior precedent. i think there will be an overwhelming temptation to get to the constitutional issue. >> shannon: we will see in three weeks. a big case coming down the pike. thank you bot...