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Old 12-13-2011, 01:34 PM
stephanie stephanie is offline
Join Date: Dec 2007
Posts: 3,921
Default Re: Cylons and Voltron and Zombies! Oh My!

Originally Posted by sugarkang View Post
The libertarian issue is with the Commerce Clause, which essentially allows the federal government to make up any law and justify it under interstate commerce regulatory powers. This should bother everyone, not just libertarians. Adam recognizes it.
Oh, I wish Operative were still here, as he would disagree with this.

The Commerce Clause argument doesn't seem to me a particularly "libertarian" issue. It's an issue of Congressional powers and federalism. And, of course, if the Commerce Clause allowed the federal government to legislate on anything a state could, there'd be no argument. The question is how expansive the rights of Congress have become (in the early '90s the CC justified everything, then the SC started cutting it back, but then they seemed to abandon the effort) and, of course, how much that matters.

The "libertarian" issue -- and one reason Romney's position may not be so satisfying to some opponents of the mandate -- isn't so much about states vs. feds as about governmental power. At least, that's what the libertarians I know say and it's the position Operative took. (I defended Romney, or at least pointed out that his position was coherent.) Indeed, IME with libertarians, they often are extremely expansive in their notions of what the Constitution provides with respect to limitations on the states. This view is not supported by original intent theories, of course.
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