October 5, 2011

CNN senior legal analyst Jeffrey Toobin

Jeffrey Toobin, Monday night on the Colbert Report:
Stephen Colbert: What is the Interstate Commerce Clause?

Jeffrey Toobin: That's the part of the Constitution that says the federal government can regulate anything related to interstate commerce, which the Supreme Court has historically interpreted very broadly.
That isn't what the Constitution says, and that isn't even what the Supreme Court's interpretive caselaw has said. Think about it: If the Constitution really did say that the federal government can regulate "anything related" to interstate commerce,* then why would the U.S. Supreme Court need to interpret the Interstate Commerce Clause at all?

And it gets worse from there. This guy is malpractice-grade frightening.

* "Commerce among the several States," to be precise.

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