This is the Cato Daily Podcast for Friday, March 23rd, 2012.

I'm Caleb Brown.

Does Anton and Scalia's opinion in the Rache case that allow the federal government to

intervene in purely intrastate marijuana

cultivation compel him to uphold the constitutional basis of Obamacare.

Cato Institute Senior Fellow Randy Barnett argued on behalf of Angel Rage at the Supreme Court.

He offers his thoughts on the Affordable Care Act on this, the second anniversary of the law,

and just a few days before the law itself goes before the Supreme Court.

You make a distinction that is subtle and I think is worth

worth bringing out the idea that just because Congress is doing something

unprecedented doesn't precisely make it unconstitutional.

Could you draw that out of it?

Right, first of all, it is highly significant that this is something that's never

been done before, which makes it literally unprecedented.

Never before in the history of the country

has the government use its commerce power

to make every person engage in economic activity

by entering into a contract with a private company.

And the fact that it's unprecedented means there can't. private company.

And the fact that it's unprecedented means there can't possibly be any Supreme Court decision that

says Congress may do that.

So that's important.

...