The justices are back in the Supreme Court Tuesday morning for two hours of argument challenging the constitutionality of the Health Care Reform Act. The hearings started Monday.
On Monday, we talked about the politics of health reform. On Tuesday, we're addressing the legal questions upon which the case will turn.
The most prominent issue in the court Tuesday will be the Commerce Clause in the U.S. Constitution, which gives Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes."
Roger Pilon, vice president for legal affairs at CATO Institute, will join The Daily Circuit Tuesday. The argument to the Supreme Court today will look at whether Congress has the power to order people to engage in commerce so it can regulate commerce, Pilon said.
"The states have the general police power to order individuals to do various things," he said. "The federal government doesn't have general police powers; it only has enumerated powers."
Fazal Khan, University of Georgia associate professor, will also join the discussion.