Notes From Babel


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From the Corner:

In the video below, Coburn’s hypothetical is basic enough. If Congress passed a law mandating that Americans eat their vegetables, is that covered under the Commerce Clause? Kagan’s answer, or lack thereof, is telling:

Such a law would not merely be “dumb,” as Kagan says. It would be dumb and totalitarian, and its dumbness would not mitigate its totalitarianism. As someone who has watched nigh every minute of the hearings, remaining mum on whether Congress has the power to tell Americans what to eat every day marks the first time Kagan has slipped and revealed something of her judicial substance will give all conservatives — and most average Americans — great cause for concern.

The shame is that Coburn, after asking this great question, lets her off the hook. This issue must be revisited, and with gusto.

Why didn’t Coburn let Kagan flounder about for a while longer?  In a confirmation hearing such as this one, awkward pregnant pauses are likely to be the only telling responses the inquisitors are likely to get.  The problem with senators is that they so relish the sound of their own voices that any such pauses are instantly drowned out by more senator noise.  The image of Lennie cuddling the puppy to death comes to mind.

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Written by Tim Kowal

June 30, 2010 at 11:39 pm

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