opt out of them. the washington post making the point that the deadline for that is january of 2014. if they are not set up, the federal government is supposed to step in, but there s all manner of disagreement as far as how prepared the federal government is to set up state exchanges if the states don t do it. you re putting your finger on part of the whole debate in the courts which is federalism, right? what s the proper role of the federal government. conservatives have argued the federal government is doing too much basically predicating all of its powers on this notion of interstate commerce and they have long sought to narrow that and that was the part of the opinion that was ultimately good for those critics. but health care is a huge interstate problem and these exchanges and these approaches involve interstate solutions so that is where it makes sense to have the federal power. the other point between tax and penalty is, the reason why people don t like taxes is not just
unconstitutional. we said on the other side it s easily constitutional. we had different theories about why it is constitutional. it s clearly a tax. that makes it okay. it s also a national security issue, a human rights law. we can talk about those things. can i ask my question again? so i m the commerce clause part of the exam, will they answer the same way? i m going to teach my students that they should ask themselves the following question. did anyone for the previous 200 years of the constitution say there was action, inaction distinction that was the basis of the distinction between federal and state power? did anyone equate it to the commerce clause were did it have to be a genuine interstate problem. the question going forward is is this new made up principle going to have çlegs. it won t wash.
place on display abatcussions a the solicitor general should have pulled out. and that s a schism question and then we ll get to broccoli. it says that congress should have power to regulate commerce among the states. is this a regulation? yes, it s about who pays. is this manges it different than broccoli. there are interstate spillovers involved in health care. thee days a week, i m not in my home state. if i fall sick, you re gooks the take me to a local e.r. and the good people of new york new york are going to pay. thinned s a genuine interstate problem. but it s a problem in heathcare. my students, most of them come from out of state.