An Unhealthy Mandate - Steve Chapman - Townhall Conservative

An Unhealthy Mandate - Steve Chapman - Townhall Conservative: "During her confirmation hearings last summer, Supreme Court nominee Elena Kagan was asked if the Constitution empowers the federal government to pass a law requiring Americans to eat fruits and vegetables.

What did she say in response? She said, 'It sounds like a dumb law.' She said the commerce clause of the Constitution 'has been interpreted broadly.' She said the courts have a duty to ensure that 'Congress doesn't go further than the Constitution says it can go, doesn't violate individual rights, and also doesn't act outside its enumerated authorities.'

This is what she did not say: 'No.'

This week, however, a federal judge said it. The case wasn't about fruits and vegetables; it was about the federal health insurance law passed this year. But his conclusion was exactly the one Kagan evaded: There are some things the federal government may not make us do. It may not make us purchase medical insurance -- as the new law does -- and by implication, it may not make us eat broccoli."

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