When the health crimes monstrosity hits the courts, we will at long last get a ruling that takes us back to the Constitution

The Interstate Commerce Clause and the Kitchen Sink

By Joy Tiz
Tuesday, March 23, 2010

Thirteen state attorneys general are challenging the constitutionality of the health crimes bill signed by the president this morning. The states are correctly asserting that the legislation is unconstitutional and should be struck down, ideally in its totality.

Liberal pundits have been delivering their talking points, letting us know that they plan to seek cover under the Interstate Commerce Clause of the United States Constitution. Article I, Section 8 specifically empowers the Congress to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.

Despite what liberals want you to believe, the Constitution actually gives very few powers to the federal government; and if that power is not specifically spelled out, it was meant to go to the states.

Let’s dispense with the supremacy clause. Democrats are insisting that federal law always trumps state law when there is a conflict. (Apparently, that doesn’t apply in Chicago when the issue is the 2d Amendment, however). They are only partially correct. Congress is not free to pass any unconstitutional statute it pleases, supremely confident in the knowledge that their rule always wins. Virginia Attorney General Ken Cuccinelli has it right: http://www.foxnews.com/story/0,2933,589783,00.html

“And normally, as you know, the supremacy clause would lead to the federal bill trumping, except when it is not constitutional, and that’s where our allegation that the bill is unconstitutional comes in. They have overreached the commerce clause here, and we don’t think the commerce clause can support this bill.â€