The End of Elena Kagan?

June 29, 2010

I think that the nomination of Solicitor General Elena Kagan to join the United States Supreme Court may – can I even HOPE for this? – be in trouble.

Under questioning by Senator Coburn, Elena Kagan revealed herself unable to comprehend the question of “Is the government allowed to DO these things?”  It is a fascinating segment.

http://www.youtube.com/watch?v=BAt9RDCP5SI

This segment is 30 minutes long but you can jump right into the meat of the argument at 20:00 minutes in. Coburn proposes a law that will require all men, women and children to eat three servings of fruits and vegetables at every meal.  Because this would tend to increase the general health of the citizenry, the health care costs  – paid for by the government! – would decline, and tie this in the “Commerce Clause”.  Cuburn asks; would such a law be constitutional? 

Kagan flubs the answer and seems puzzled how it would NOT be constitutional.

If Kagan is now confused, I fortunately can see clearly – she is NO FRIEND to the Constitution of the United States,  Such a law is  a straight ticket into utter tyranny, no matter what other dodges or explanations there may be.,