The Left, the Right, and the Constitution by Yuval Levin.
Whatever decision the Supreme Court announces on Obamacare tomorrow, the various liberal missives of anticipatory anxiety in recent days have already revealed a great deal about the Left’s attitude toward our constitutional system. What we’ve learned can hardly come as news to conservatives, but it has been put forward in an unusually clear and undiluted form, and so is worth some thought. A few reflections below the fold (as this is a day that seems to call for long posts).
The basic message of these left-leaning diatribes is pretty simple: A majority of the Court could only disagree with liberals about whether requiring all Americans to buy health insurance is beyond the proper bounds of the Congress’s power to regulate commerce if that majority acted in a purely political or partisan way; there is no room for disagreement regarding the actual interpretation of the actual Constitution.
More at NRO.