I am with my fellow constitutional law professors, Glenn (Mr. InstaP himself) and Jonathan Adler on this one: I don’t see a principled constitutional basis for Congress to regulate abortions. It is a matter of state power–for state-by-state legislative consideration–and not within Congress’s power to regulate interstate commerce.
For a Republican Congress to embrace such an expansive interpretation of the Commerce Clause is more than a bit ironic (and unprincipled), especially given Republicans’ more parsimonious view of the Clause during the Obamacare litigation. Why jettison this basic understanding of constitutional structure/federalism merely to score a cheap political victory?
Thursday, May 14, 2015
The Enemy of My Enemy
This post is a conservative attack on Republicans. On what basis do "big government" liberals attack this?