There’s a lot of commentary about the Kagan nomination, although public interest seems tepid. I’ve not mentioned anything about her nomination, mostly because I have no strong view. I believe she’s surely adequately qualified in education, experience, and intellect. She’s no one’s ideal nominee, but absent a showing of official misconduct, the president’s qualified nominees should routinely be confirmed.
There’s an exchange from the hearings, however, that shows how Kagan (and so many others in Washington) have gone in their efforts to justify the reach of federal law and power into people’s lives. They’ve gone so far, that they cannot see how terribly far some supposedly legitimate (if “dumb”) laws might reach.
It is impossible to have a free society in which government can tell citizens what to eat. That is, what they must eat each day. And yet, and yet, Kagan (and so many others) can’t bring themselves to say — that not under the Commerce Clause, nor any other provision of law, may government mandate an ordinary citizen’s diet in a free society.
See for yourself:
Here’s the Commerce Clause of the United States Constitution:
[Congress shall have power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes
Article I, Section 8, Clause 3
Link: http://www.youtube.com/watch?v=DSoWGlyugTo
(h/t to Allahpundit at HotAir)