Wheat, Weed, and ObamaCare: How the Commerce Clause Made Congress All-Powerful
The Commerce Clause of the US Constitution grants Congress the power to "regulate commerce . . . among the several States," and for more than 100 years federal lawmakers invoked it for a very narrow purpose—to prevent states from imposing trade barriers on each other. But today members of Congress act as if it gives them the authority to do just about anything—including forcing you to eat your vegetables. During her Supreme Court confirmation hearings, Elena Kagan seemed to accept that the Commerce Clause could, in theory, give Congress the power to dictate what Americans eat. And what about ObamaCare's "individual mandate," which forces Americans to purchase health insurance? ObamaCare opponents are lining up to challenge its constitutionality, but supporters say it's justified—you guessed it—under the Commerce Clause. How did a clause intended as a restriction on states wind up giving Congress a green light to regulate noncommercial, local, and purely private behavior? How will ObamaCare stand up against the legal challenges brought by the states? Legal titans John Eastman (Chapman University Law Professor) and Erwin Chemerinsky (Founding Dean, University of California, Irvine School of Law) slug it out to to determine whether or not Congress has been abusing the commerce clause. Produced by Austin Bragg. Approximately 10 minutes. Scroll down for HD, iPod, and audio versions of all our videos and subscribe to Reason.tv's YouTube channel to receive automatic notification ...

October 13th, 2010 - 09:11
The big Oil corporations are trying their best to stop free energy ideas from spreading to common ppl.
We need to put an end to this corruption ,start generating ur own electricity now.
Visit LT-MAGNET-MOTORdotCOM and get the blueprints . Join the Revolution!!
October 13th, 2010 - 09:13
Wow, the premise of this video is so hollow and petty. Reason and Austin Bragg owe Chemerinsky excuses for s' to maintain with him apparently under false pretexts: l' use of the cut-up 3.2 seconds d' a clip against the disaster which sounds the music in order to present it like a d' kind; apology d' a conspiracy of the government badly.
October 13th, 2010 - 10:09
The Supreme Court was forced to so broadly (and yes, BADLY) interpret the commerce clause because we (Americans. . . . humans?) were too greedy and selfish to sustain some semblance of fairness and good will in the working wages and conditions in the years leading up to the new deal. SCOTUS was doing a fine job striking down federal laws that meddled w/ completely intrastate commerce, then we fooked it all up. It’s was our fault then, and it’s our fault now. RIP, commerce clause. & Sorry, TJ :*(
October 13th, 2010 - 10:14
argument? pouvantail? 8:39.
October 13th, 2010 - 10:24
Your Gravebaiting @ d? Statement is too complicated? S for me. The Constitution Fair? interpreter t? by evil people who want to? destroy the United States of indoor situations. They Fair? financ? s ext from sources? laughing. Too much? Ranking because we r? Am Ellement help? Ricans blind? Ment duped into thinking we’re just becoming more? Politically correct? and? collectivization? s sustainable? or? The Dream Act. “Hope. Change. The clause on trade as a child abuse? pat t? te red. True madness.
October 13th, 2010 - 10:49
@ KreativeKeyLLC The constitution is great, but as long as the government interprets it? You apply it and then they can break all they want without stupid? Accordingly.
October 13th, 2010 - 11:18
@ 032125 Can? Be sound? Tatisme flagrant because you shocked? me too man.
October 13th, 2010 - 11:42
wheat as you want. our founders are weeping somewhere as they watch a nation founded on economic and religious liberty get swept away by the all-knowing and all-compassionate state.
once a case like Filburn gets decided it isn’t a far leap for congress to tell Americans what kind of car they have to buy or that they need to buy health insurance. . . oh wait we already have that.
October 13th, 2010 - 12:18
the SCOTUS decision against farmer Roscoe Filburn in 1942 is in my mind one of the most egregious violations of SCOTUS in our history. it upheld that congress can do virtually anything it wants to any sector of an economy as long as it can tie it somehow to interstate trade.
in that case Filburn wanted to grow more than the 11 acres of wheat he was allowed to under the Ag Adjustment Act and use the extra wheat on his farm. sorry said the SCOTUS you don’t even have the freedom to produce as much
October 13th, 2010 - 12:41
digypro @ If you’re referring to? alcohol prohibition, there is not? as a constitutional argument that t? an amendment? the Constitution repealed? by the 21st Amendement.l ‘drug interdiction modern day simply impossible? by the Congress? s, however, is unconstitutional.
October 13th, 2010 - 12:43
@Thebigwafflestomper Although I’d have to say they should have identified them earlier on.
October 13th, 2010 - 13:04
@ Whoo689 Indeed, by dixi? My amendment they would not be able to r? REGULATING all aspects of the eye economy without the commerce clause.
October 13th, 2010 - 14:00
@Elina2daDenwa Democrats are no different than Republicans, their agenda is exactly the same. Ron Paul is in the Republican party as is Gary Johnson, but neither are true Republicans. They are both Libertarians. The 2 parties have rigged the election system to only have votes go to the two major parties and have used propoganda in the mainstream media to make people who don’t understand economics nor politics think there is a difference between the two.
October 13th, 2010 - 14:02
Int? Interesting to see how the commerce clause should? Be used? pr for upcoming trade barriers because of Arizona SB 1070, but it rained perverse t make sense to use socialism.
October 13th, 2010 - 14:38
So if I grew my s? Own vegetables? r? reduce co? ts on Food Products, the government can support? Damn. It is this idea? E. . . Oh well. They can continue? give me food stamps (along with millions of other families) and pretend to? be shocked when they see that taxpayers’ money “leaking”.
October 13th, 2010 - 15:08
@jmatt926 Stop electing republicans.
October 13th, 2010 - 15:12
I love Reason, and I like this vid? O, but I think it is absurd that the Am? Ricans support on technical aspects of something penned on hemp paper a few hundred ann ? es ago, while ignoring the much more important? ethics. Why ‘? State should have the right to r? REGULATING all? business of a person of their own, no matter what effect they can say they have on trade. They should? Be complete? Ment free to do their business, no matter what the Congress? S, States or the constitution say? this subject.
October 13th, 2010 - 15:28
@jmatt926 Perfectly said. PEOPLE need to understand the general populace makes the government. If we keep electing these cock-eyed fast talking losers, give them the backing of the police and military, the keys to our treasury, and the ability to write the laws that we should live by, they’re going to (and are currently working to) crash this country.
October 13th, 2010 - 15:40
c' is a good thing, to pass the word
October 13th, 2010 - 16:16
@Akingham I say the same thing about my conservative friends and the military.
Still waiting to find the WMD’s?
October 13th, 2010 - 16:44
@ 032125 what I still find alarming in my closer liberal friends is their conviction than all the means will be gouv to make the good thing, to keep us of any evil, that is to say in ourselves or of l' outside, and all not to recognize l' absolute nonsense of these concepts!
October 13th, 2010 - 17:25
J' listen to " the guy intelligent” all the time on the living room Hugh Hewitt. C' is so pleasant to see finally what they resemble. Very distinguished (but older qu' they did not sound with the radio).
October 13th, 2010 - 18:17
C ‘? Silent ugly-ass Ben Franklin’s last!
October 13th, 2010 - 18:23
I am normally such rational (and peaceful) a nobody, but l' attitude very Erwin Chemerinsky gives me desire for taking l' plane for Cali and to trample its face in mud whore whore. How can it be so obligingly a etatist? How can it make pretexts with rationality as it justifies an unlimited capacity for the shape explicitly limited of government? Do Fuck, I want right slap sound? it of through right-hand side.
October 13th, 2010 - 19:06
? A r? Public, if you can keep it that way. “This vid? O just got Favorites