https://pjmedia.com/richardfernandez/2010/12/14/who-decides/feed/PJ Media is a leading news site covering culture, politics, faith, homeland security, and more. Our reporters and columnists provide original, in-depth analysis from a variety of perspectives.en-usSat, 13 Jun 2026 00:50:02 -0400<![CDATA[Randy Barnett at the Volokh Conspiracy quotes Kurt Lash in analyzing the recent opinion of Judge Henry Hudson striking down the individual mandate within Obamacare. Critics of Hudson believe the judge did not take full account of the Necessary and Proper clause as a justification for the individual mandate. Lash believes critics are wrong to say that Hudson ignored the Necessary and Proper clause, not just because the government itself did not articulate that argument more strongly,  but because Necessary and Proper would have to be invoked in an almost blanket fashion to make the individual mandate valid. Hudson wrote, &#8220;[a]lthough the Necessary and Proper Clause vests Congress with broad authority to exercise means, which are not themselves an enumerated power, to implement legislation, it is not without limitation.&#8221;]]>Tue, 14 Dec 2010 11:24:08 -0500<![CDATA[Richard Fernandez]]>https://pjmedia.com/richard-fernandez/2010/12/14/who-decides-n190190