The Broccoli Test

The National Review pointed out:

During oral arguments before the Court of Appeals for the District of Columbia Circuit on the constitutionality of Obamacare’s health-insurance mandate, the Obama administration’s lawyer, Beth Brinkmann, was asked whether a federal law requiring all Americans to eat broccoli would be constitutional.

“It depends,” she replied. But she could certainly envision cases where it would be.

That makes her only slightly less certain than Supreme Court justice Elena Kagan, who was asked the same question during her confirmation hearings. Kagan, who will help decide the fate of Obamacare’s mandate, had no doubts that a broccoli mandate would be constitutional.

We have judges that can see no limits to governmental authority at all. Here we have judges that think the government could force you to eat a food if it deemed that appropriate. Once upon a time, the government thought you would have to change the constitution to outlaw alcohol, but that was when the words written on the paper actually meant something.

The central government is out of control. Time to end it.

 

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