June 30, 2010
Kagan can't answer, Do we have the power to tell people what to eat?

Sen. Coburn: "If I wanted to sponsor a bill and it said, ‘Americans, you have to eat three vegetables and three fruits every day,' and I got it through Congress, and it's now the law of the land, gotta do it.... Does that violate the law?"

Kagan: "Sounds like a dumb law."

Sen. Coburn: "Yeah, I got one that's real similar that I think is equally dumb." (ObamaCare)

Kagan: (Pause) "But I think the question of whether it's a dumb law is different from the question of whether it's Constitutional. And I would think courts would be wrong to strike down laws that they think are senseless just because they're senseless."

Sen. Coburn: "I guess the question I'm asking is, Do we have the power to tell people what they have to eat everyday."

Kagan: "Senator... (stuttering).

Sen. Coburn: "I mean what is the extent of the commerce clause? We have this wide embrace of the commerce clause which these guys (holds up the Constitution and Federalist Papers) never, ever, fathomed that we would be so stupid as to take our liberty away by expanding it in this manner."


HEY KAGAN!!! THE ANSWER IS A SIMPLE NO!!!!