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The Nanny State will eventually control us all!!!
I doubt they can enforce, because who would enforce it? Most state and local governments are cutting back on all types of jobs. I would be more worried about government collapse than a totalitarian government at this point.
t is absolutely the case that the judiciary's job is to, in Marbury v. Madison's famous phrase, to say what the law is, and to make sure -- I think I've talked about it as policing the constitutional boundaries and making sure that Congress doesn't go further than the Constitution says it can go, doesn't violate individual rights, and also doesn't act outside its enumerated authorities. We live in a government in which Congress' authorities are enumerated in Article I of the Constitution, and Congress can't act except under one of those heads of authority. Now, as I talked about it with Senator Cornyn, the Commerce Clause has been interpreted broadly. It's been interpreted to apply to regulation of any instruments or instrumentalities or channels of Congress. But it's also been applied to anything that would substantially affect interstate commerce. It has not been applied to noneconomic activities, and that's the teaching of Lopez and Morrison, that the court -- that the Congress can't regulate noneconomic activities, especially to the extent that those activities have traditionally been regulated by the states. And I think that that would be the question that the court would ask with respect to any case of this kind.
Nominees almost never discuss how they would rule on issues. The question was an obvious trap/ploy.
