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Snapshots from Tuesday's Supreme Court health care discussion

Published: Tuesday, March 27 2012 8:46 p.m. MDT

Stephen Breyer on creating commerce Next » 2 of 10 « Prev
Associated Press
"Justice Kennedy asked, can you, under the Commerce Clause, Congress create commerce where previously none existed. Well, yes, I thought the answer to that was, since McCulloch versus Maryland, when the Court said Congress could create the Bank of the United States which did not previously exist...

I would have thought that your answer - can the government, in fact, require you to buy cell phones or buy burials that, if we propose comparable situations... and Congress wanted to rationalize that system, Subject to Final Review wouldn't the answer be, yes, of course, they could"
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