Constitutionally Correct?

" FOX & Friends will House Speaker Nancy Pelosi -- about plans to penalize Americans for not buying health insurance. But is that even constitutional and can Americans afford subsidies right now. Time for a fair and balanced debate this morning David -- is a constitutional attorney. And Michael Seidman is a Georgetown University Law Center professor good morning to both of you welcome. Good to do you Michael we start with you."

" For inviting me. Michael to start what -- you is this constitutional. Well there are rather 75. Years Supreme Court precedent. That's a -- The government can regulate things that are Iraq. Related to national markets. And I have to say. It's a little surprising to hear people like mister Ripken making this argument I thought conservatives had -- principal position against judicial activism. And what mr. Rifkin it's asking. -- six Republican members of the Supreme Court to do it's too upset the considered judgment of the people on what has to be. Very very flimsy constitutional grounds did -- think visit do you do you do you think this is on concert."

" What's your position on -- only -- my constitutional. First. Having the Supreme Court strike down on a constitutional legislation is entirely appropriate conservative idea. The whole point of a constitution is putting limits the majority are in -- But fundamentally it's this the federal government it was envisioned by the framers did the government of limited enumerated powers. States have police power states can regulate broad and deep -- the federal government. -- was correct that the supreme court for seventy plus years have upheld almost every but not. Not all but almost every effort by congress to regulate under the commerce clause but it was because congress never intended to do something -- that's. We're talking about regulating individual behavior not economic activities not -- activities of any kind it's you make it an individual decision. I don't want to buy insurance I don't want to buy health club membership. I don't want to buy car. If congress can regulate these activities congress can regulate everything except for things that are barred by the bill -- they -- constitutional architecture is warped. The federal government becomes the government -- off. General police."

" Our site and that is not going to have to -- and Michael -- in the government already. Requires -- men under the age of eighteen to sign up for the selective service. Serve their country. Q why is this part of that -- in this part of that process."

" Well yeah that's right well. I'm sorry well known to have Michael -- what -- it felt so that's right the government. You know that the government requires us to buy car insurance it requires us to engage in the Social Security by Social Security insurance essentially. And you know mister Rifkind point three oh lots of extreme hypotheticals there are lots of very stupid things that are not unconstitutional. Which -- tomorrow."

" What we can't get to all of them right now enforced so revenue as a -- break David -- Michael -- we appreciate you both for joining us this morning want to continue this conversation another time thanks so much guys thanks for inviting."