David Harsanyi

Pathos, after all, is the most effective tool for passing liberal social policy, so it's not surprising that the president is a fan of empathy-based jurisprudence. This portion of the discussion shouldn't focus on supposed benefits or failures of reform but how we get there. Yet, today's liberals can't stop making a consequentialist argument (I heard that once on PBS) that refuses to separate what's "right" and how we get to what's right.

That mindset is why Nancy Pelosi and other legislators instinctively laughed off any constitutional question about the legislation. It rarely matters. Then again, with 26 state attorneys general and two federal judges weighing in, maybe it does now.

Historically speaking, though, the chances of stopping the individual mandate are not good -- as courts have generally deferred to wishes of the legislative branch. Nevertheless, this week was a pretty good one for those who do care about the Constitution's fading relevance.

David Harsanyi

David Harsanyi is a senior editor at The Federalist and the author of "The People Have Spoken (and They Are Wrong): The Case Against Democracy." Follow him on Twitter @davidharsanyi.