Thursday, December 16, 2010

The Slippery Slope

Kevin Drum has a nice post saying The Slippery Slope on the commerce clause isn't real. See the whole post (it's short) but the gist is: "But what if the two cases had been swapped? Suppose the Supreme Court had approved the individual mandate in 1942 and Wickard were a 2010 case. Then the argument would be: it's one thing to make people buy health insurance. That's bad enough, but at least you're regulating participation in a highly public and largely publicly funded sector of the economy. But regulating purely private activity is a bridge too far."

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