Scalia: Federal Government is Supposed to be a Government of Limited Powers

As I’ve consistently maintained, the Supreme Court will not uphold the individual mandate if the majority is unconvinced that there is a limiting principle.  While we await the transcript of today’s oral argument, we can consider Justice Scalia’s question, as reported by the Washington Post: “Government is supposed to be a government of limited powers,” he said. “What is left if the government can do this? What can it not do?” I wonder what the SG said in response.

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