Rob Bishop: “At times we have talked in the past about this concept of constitutionality in two ways. One, that it violates the…”

“At times we have talked in the past about this concept of constitutionality in two ways. One, that it violates the concepts of federalism. But the second one deals with specifically the commerce clause. I think that's been brought to our attention before. That even in court cases, and maybe somebody will correct me here when it's his turn, in court cases there are usually two principles that are involved on whether the commerce clause is justifiably used. One: Does it have an impact on interstate commerce? I think everybody admits this would have an impact on interstate commerce. But the second is: Is there a willing participant in this program? This is why this is different, because for the first time you are threatening to fine people, throw them in jail, for not doing anything. For doing nothing. I don't know how many negatives I put in those sentences. But for someone just living their life who does not want to participate, they will now be fined for doing that. The government has never done that. And that is what I think exacerbates and expands the commerce clause beyond recognition and beyond fairness to individuals at the same time.”