True constitutional conservatives don’t ask, “Does the Constitution keep me from doing X?”.  Instead, they examine whether the Constitution explicitly lays out that X is permitted.

On a recent Uncommon Knowledge, constitutional scholars Richard Epstein and John Yoo have a feisty conversation with Peter Robinson on the likelihood of the Supreme Court striking down Obamacare, its political implications, and the general rule of law in our country.

They ask whether an individual mandate is constitutional – can the government force citizens to purchase health insurance?   In other words, can the government compel people into the marketplace?  If so, what’s the stopping point?  Pretty soon they’ll be telling us what we can eat, what car we have to buy and that we need to exercise a certain number of minutes per week.  Where is the individual liberty in that?

Yoo and Epstein discuss the potential fallout from the decision, whether Romneycare is constitutional, and whether the Federal Government has the right to coerce states using grant money.  Outside of health care, they speculate on the 2012 court, censorship and the FCC.

Check out the full episode, here:

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What does the Constitution really say about the most controversial policy decisions of the present day?  What arguments against Obamacare have potential in court, and which are DOA?

Constitutional law experts Richard Epstein and John Yoo joined us  to discuss these very issues.  They examine the constitutionality of Obacamare through the lens of the “encroachment” argument (which has potential) and the “general welfare” argument, which they argue won’t work.

We also discuss CA’s Prop 8 and Judge Walker’s ruling that it violates the equal protection and due process laws in the Constitution. Yoo argues that the “right to gay marriage” is a new and invented right, and that while he is okay with gay marriage as a policy matter, a judicially imposed rule that overturns the majority of voters isn’t the way to get it done.  Instead, Judge Walker essentially says that the majority of Californians are bigots .

Epstein and Yoo provide predictions for Supreme Court decisions, reflect on Bush v. Gore (ten years later!), and discuss the Supreme Court under John Roberts.

Here is the full episode:

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Rob and Peter fly Steyn-less this week. Nonetheless, sharp analysis of the Kagan nomination from Richard Epstein and John Yoo and a wide ranging conversation with Fred Thompson who discusses his new book, the state of the nation and the world at large, his aspirations for higher office, and his thoughts on the cancellation of a certain TV show. As always, join the conversation on our Facebook page or on Twitter (@ricochet) or write us at podcast@ricochet.com.

“Midnight Blue”

It’s the debut of a new Ricochet Podcast feature: The Ricochet Smack Down. This week, John Yoo and Richard Epstein enter The Octogon to argue whether the names of the so-called “Al-Qaeda 7″ ought to be made public, the legality and morality of torture, and other associated issues (see NYT article here). It’s reality TV, Ricochet style. Questions? Comments? Write us at podcast@ricochet.com. (more…)