The Kagan Nomination
The hearings start on Monday. George F. Will has some questions for Supreme Court nominee Elena Kagan. A sample:
- If Congress concludes that ignorance has a substantial impact on interstate commerce, can it constitutionally require students to do three hours of homework nightly? If not, why not?
- Can you name a human endeavor that Congress cannot regulate on the pretense that the endeavor affects interstate commerce? If courts reflexively defer to that congressional pretense, in what sense do we have limited government?
In a series of posts, John Phillips has been analyzing Ms. Kagan's record with regard to employment and labor law.