http://www.realclearpolitics.com/authors/?id=17242Author Thu, 05 Apr 2012 00:00:00 -0500 Three days of oral argument over the Affordable Care Act at the Supreme Court made one thing clear: The Court doesn’t feel bound by existing doctrine and practices. If it did, as judges and scholars of many ideological hues have explained, the individual mandate’s constitutionality would hardly be a question. Instead, the Court may be ready to embark on a dramatic reconstruction of federal-state relations in favor of narrow reading of Congress’s power to regulate “inter-state commerce,” and, in particular, the use of that power to regulate that matters that are not “commerce” in the most banal and obvious sense.

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