In early 2011, the Senate Judiciary Committee held a hearing on the constitutionality of ObamaCare (né the Affordable Care Act of 2009). One would think that the time for such a hearing might be before passage of the act, but that is the way we do things around here, and besides, that is not the point of this column, which (as you can see from the title), is about the minimum wage.
The point derives from an exchange between Utah’s freshman (very fresh at the time, only a day or two old) Senator Mike Lee and Walter Dellinger, heavyweight lawyer, professor of constitutional law at Duke University, Assistant Solicitor General, presidential legal adviser, and then Acting Solicitor General in the Clinton Administration. In the course of the exchange, Lee wondered why, if the Interstate Commerce Clause would support a requirement for everyone to buy insurance, it wouldn’t support a requirement that every citizen buy (if not actually consume) three servings of leafy green vegetables every day. (That was in the heady days when supporters of ObamaCare still thought it was a regulation, before Chief Justice Roberts discovered that it was actually a tax.) Continue reading
Part I, Recriminations or Riots?
by Scott L. Vanatter
What if Obama loses in November? Let’s review three areas of inquiry.
1. Will there be racial recriminations, even riots? (See below.)
3. Will he run for president again? If so, when?
If Obama loses, will there be racial recriminations?
On election night someone somewhere in the liberal media will posit that the GOP ran a racist campaign. To them, in retrospect and by definition, the country is still obviously racist. Else how could Obama have lost? This line-of-attack will carry over as a line of attack against the new GOP administration.