Alas, we still have Rick Santorum saying Obamacare is the same as what he calls "Romneycare"; the otherwise brilliant Mickey Kaus sniffing that if states can mandate insurance purchases, then we're "not talking about some basic individual liberty to not purchase stuff" (no, just the nation's founding document, which protects "basic individual liberties" by putting constraints on Congress); and the former law professor, Barack Obama, alleging that a "good example" of judicial activism would be the Supreme Court (in his...
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The "logic" is that the states existed before the federal government. They gave up power in certain specific areas (national defense, customs, interstate commerce, and in the minds of the Founders, that was about IT) in order to have a functional national goverment capable of defending the union against the likes of Britain and France. The states did NOT give up the police power. Otherwise, they would have become mere provinces. It was deemed to be within the power of the people of each state to determine just how intrusive the police power of their particular state would be.
The reason tea partiers carried signs saying "Read the Constitution!" was that we were hoping people would read the Constitution.
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