Bowers, Ross & Fawcett, LLC, 820 Kennedy Drive, Ambridge PA 15003-2310 (724) 266-0290
Pittsburgh Personal injury attorney - Across a large area of Western Pennsylvania
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As the Supreme Court demonstrated in DC v. Heller, in a case of first impression, it will examine the original meaning of the Constitution. Where the Supreme Court has developed doctrines governing the scope of the Commerce and Necessary and Proper clauses, it is not the responsibility of an inferior federal judge to extend Congress's power beyond that already authorized by the Supreme Court. This criticism would more justly be leveled at the district court judges who have upheld the mandate by extending the power of Congress to regulate "economic decisions" - something the Supreme Court has never mentioned, much less held. But whether or not it is proper for an inferior federal judge to uphold new and unprecedented Congressional powers, federal district court judges are under no obligation to do so.
Senator Durbin alluded to your testimony during a question for Professor Fried, in which he argued that the regulation addressed in Wickard v. Filburn, 317 U.S. 111 (1942) had the effect of forcing Roscoe Filburn into the market to buy wheat, since Mr. Filburn made clear that the wheat he wanted to grow was for the consumption of himself and his chickens. Professor Fried testified that Wickard could be distinguished from the present question only if we assume that Mr. Filburn and his chickens did not have to eat.
The Constitution does not create or protect the freedom to freeload. Right now, we have 40 million Americans who don't have healthcare coverage, but those 40 million people have the right to go to a hospital emergency room and hospitals are legally required to provide that care. As a result of that, they rack up approximately forty billion dollars of healthcare fees every year. The opponents suggest that this cost-shifting is constitutionally protected. I would simply suggest that there is no constitutional right to force other people to pay for your own healthcare when you decline to take responsibility for yourself
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