March 15, 2012
PHIL HAMBURGER: Unconstitutional Conditions: The Irrelevance of Consent. “The Article concludes that private or state consent cannot justify the federal government in going beyond its legal limits. The Constitution’s limits on the government are legal limits imposed with the consent of the people. Therefore, neither private nor state consent can alter these limits or otherwise enlarge the federal government’s constitutional power.” With obvious implications for the ObamaCare debate.