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Monday, March 7, 2011

"Elastic Clause" Misunderstood

Editorial Published D&C 3/7/11

In a recent letter, the writer, alluding to the constitutionality of "Obamacare", asserted that the so-called "elastic clause" of the Constitution grants the federal government power to do whatever it deems "necessary and proper"--clearly a colossal misunderstanding of our founders' intent.

I suspect this misguided writer also believes that the "supremacy clause" grants unlimited power to the federal government, and that, therefore, executive, judicial and congressional authority "necessarily and properly" trump "constitutional supremacy".

If the writer's assumption that unbridled federal power is somehow constitutionally defensible, then why bother having a Constitution at all? Why don't we all just obediently submit to federal will in all matters and be done with America's noble experiment in constitutional governance?

Obamacare's "individual mandate" is a gross violation of the Commerce Clause, and we continue to tolerate such perversions at our own peril.

Jim Delaney

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