we cannot use the commerce clause to affect any activity on commerce. however the rehnquist court wrote from this trend and decide two key cases that limited the use of the commerce clause when the regulation was not firmly based on economic activity. i firmly believe that we need to move even more drastically in that direction that the rehnquist court started, or established. 1995, u.s. vs. lopez. the first case where a distinction was drawn between using the commerce clause to regulate economic activity and using it to regulate any activity which could potentially impact commerce. alfonzo lopez was a high school student charged with possessing a firearm on school property under the gun-free school zones act of 1990. lopez challenged that, claiming the commerce clause does not grant congress the authority to say where someone may or may not carry a gun. attorneys for the federal government argued that the possession of a gun -- this is just so far out and crazy, it's hard to believe. but this is what they argued. the federal government attorneys argued

regulate commerce among them between the various states because that language is a whole. and back in twenty four and givens versus our. judge john marshall marshall was put on the court one thousand nine hundred by john adams he's arguably the first major conservative member of the supreme court he's the one who grabbed just a review in eighty three and barbour versus madison me john marshall has a lot to answer for but in this case in this. given sources are one hundred twenty four he basically said the federal government has the right to regulate interstate commerce it's in the constitution so we just let it settle two hundred years ago. so what's the argument that these people are making basically how i'm understanding is that people are saying that the federal government cannot regulate it if they are they can't force you to buy something they can only regulate it if you are buying something but if you look at it that the commerce clause lets congress regulate commerce part of the economy but you're talking about health care is one state for economy what other importa

, commerce.. i can't. the third one, i can't. sorry. oops. >> oops. second time he had a chance to answer that, perry admitted in his words he really stepped in it last night. he tweeted that can he recover from this? john avalon, republican strategist, karen. you are a republican vat gist. what should he do? >> i think he's -- i think he is doing the best thing he can do this morning. he's going out there and he's -- you know, all of the -- morning programs. and he's taking it in good stride. he's using -- sense of hume score trying to get back on message. i think it is the best thing he could do. you fall off the horse and get back on. do i think this is going to have a significant long-term consequences for a campaign that was already, you know, flailing. >> let me ask you this. what -- karen says he is doing what he can do. does his campaign continue? >> well, it continues, i think, he will continue on but she's absolutely right. this will be a major hit. something hay will pay for for a long

commerce, education and -- the what's the third one there?>> you need five. >> five, okay? commerce, education and -- the a -- -- >> it was worse than that you'll see the full version again i'm sure on "morning joe" in a few minutes. our crack staff put together some other strange/devastating moments from debates, presidential and otherwise over the last couple of decades. let's see how rick perry stacks up. >> governor, if kitty dukakis were raped and murdered, would you favor an irrevocable death penalty for the killer? >> no, i don't, bernard. >> i have as much experience in the congress as jack kennedy did when he sought the presidency. >> senator, i served with jack kennedy and i knew jack kennedy. jack kennedy was a friend of mine. senator, you're no jack kennedy. >> who am i? why am i here? >> it's not only what your philosophy and what's your position on issues, but can you get things done. and i believe i can. >> they are missing whole passages from someone else's speeches is not change you can believe in. it's change you can xerox a

let's see.you need five.oh five uhhok so commerce, education and uh, the uh, pa yeah there you go.aughing)-butt to-but you can't name the third one?the third agency of government i would do away withh education,uh, the uh, commerce ann let's see, i can't the third one i can't. ops! later while answering another the third agency wws in fact an overseas surprise by a big brooher... leavessone indiana seventh-grader in shock. shock.jjsse anderson was asked to give a speech about his afghanistan. during the n - speech.... the rest of tte anderson's listened quietly in a nearby locker oom. as jesse was wrapping up... hii brother cody was walking up behind hhm. jesse did a double-take before ealizing what was going on. "veterans day is a great day to remember the people who &pfought for this country and who are fighting right now. if he were here right now i'd us, thank you. (quick hug)" - hug)"cody says it was tough to puulloff this one-of-a-kind birthday present... but it wwll be sommthing he will never forget. cominggup on the early edition....your private innormation... there for the

the three departments i want to eliminate are commerce, education, and, uh, chief big guy over here.troduce your wife to the department and hope it says its name to her. now folks-- (applause) >> i'm not the only o who has compassion for this man. >> we all have sympathy for someone forgetting something. >> it was a tough moment. i think all of us recognize that that was something none of us would want to go through and it was very difficult. and we all felt very bad for him. >> we've all been there, forgotten something on a high profile level. >> you are right. >> it's a very human thing. >> the minute that happened, nothing but empathy. >> i think he looked human. >> stephen: brown haired guy who is not steve ducey is right. it made perry look human. that's something mitt romney would die for. (laughter) i'm sorry, i'm sorry. power down and restart. but with this humanizing moment, perry showed he's not just the kind of guy you want to have a beer w he's the kind of guy who got a head start on the beer before you showed up. i say, folk os, he's got to do more of this. the 14 more d

. >> commerce. and let's see. >> oh, my. >> i can't. the third one i can't. sorry. oops. >> okay. in the last 24 hours there have been two huge deals in american politics about energy. first, after months of sometimes really big protests against it the obama administration's expected approval of a tar sands pipeline right through one of the biggest sources of fresh water in our country has been at least delayed for at least a year. the obama administration saying that one source of the delay in the decision on the keystone xl pipeline is that they're considering alternate routes for it. the other major energy development over the last 24 hours is of course the energy department's good fortune that rick perry plum forgot his plan to kill them. that's coming up. >>> it's three agencies of government when i get there that are gone. commerce, education, and the -- what's the third one there? let's see. >> you need five. >> oh, five. okay. so commerce, education, and -- the -- >> we have done everything

i would do away with the education, the um... >> commerce. >> commerce. and let's see. i can't. the third one i can't. sorry. oops. >> pelley: perry was supposed to go to tennessee today but he ditched that plan to come to new york so he could appear on eight television programs one of them, david letterman, in the top ten segment perry will give his top ten excuses for his debate debacle. cbs news political analyst john dickerson is in spar on theburg, south carolina, the site of the next john debate. john, this isn't the first time we've asked you this question after a debate, can rick perry recover? >> what he was trying to do today was to show in full damage control mode that there's some other person in than that character but also send a message to donors and supporters that he's in the race to fight for the nomination. after the lackluster debate performances people worried his heart wasn't in it. the message today with this frantic activity was his heart is in it and he's in it until the end. >> pelley: saturday night, spartanburg, all the republican candidates will be t

commerce, education and the -- what's the third one there?let's see. >> five. >> commerce, education and the -- >> expa. >> epa, there you go. >> seriously? >> is epa the one you were talking about? >> no, sir, no, sir. we were talking about the agencies of government, the epa needs to be rebuilt. >> you can't name the third one. >> the third agency of government i would do away with education, the commerce and, let's see -- i can't. the third one i can't. sorry. oops. >> oops is right. political strategists on both sides agreed, this was the last thing perry's struggling campaign needed. via twitter veteran analyst said to my memory, perry's forgetfulness is the most devastating moment of any modern primary debate. ouch. we'll talk more about perry's big oops coming up in our political ticker and rick perry himself will join us in the 7:00 eastern hour. be sure to catch rick perry then. i'm sure he'll want to explain. >>> more heartache in turkey after being hit with yet another earthquake, this one a 5.7. it came last night. at least five p

commerce. and let's see. i can't. the third one, i can't. sorry. >> as soon as the debate was over, perry knew he was in trouble. he marched right into the post debate spin room to put out the flames. >> yeah, i stepped in it, man. yeah, it was embarrassing. of course it was. >> but strategists and operatives were already writing perry's obituary, comparing it to howard dean in 2004. ranking the debate performance among the worst in tv history. >> who am i? why am i here? >> right there with admiral james stockdale in 1992 and quail in 1988. >> this was chernobyl style meltdown. this wasn't a tiny little gaffe. this will live for ever in the reel of debate moments that changed politics. >> perry tried to laugh off the gaffe, asking on his website, which department do you want to forget the most? and he had a few one liners ready for the morning shows. >> we have got a debater in chief and you've got to ask how's that working out for america. >> the odd of him winning the nomination plumeted 30%

education, the -- >> commerce. >> commerce. and let's see. i can't. the third one i can't. sorry. oops. >> later in the debate, perry did remember that he would eliminate the energy department as the third agency. after the debate, he tried to make light of the fumble. >> yeah, i stepped in it, man. yeah, it was embarrassing. of course it was. but here is what's more important. people understand that our principles, our conservative principles are what matter. >> perry says he will take part in the next republican debate. that's on saturday in south carolina. >> perry's gaffe at the debate overshadowed the controversy very surrounding herman cain which did come up. the audience got jut upset when cain was asked about talgzs against him. >> you've been a ceo. >> yes. >> cain went on to say the american people, quote, deserve better than someone getting tried in court of public opinion based on unfounded accusations. men time, one of the women accusing cain says he's a liar. sharon bialek se, amnesia when says he did not remember her. bialek came forward this when she and says cain

commerce, education, what is the third one? >> they have long been a symbol of the american west. there is a debate whether these horses should remain on the open range. welcome to our viewers on pbs in america and also around the globe. hold on, the ride is far from over. that is the message coming from the eurozone. uncertainty over the common currency's future is only increasing. there are fresh warnings that growth has stalled in a new recession could result. our coverage starts from brussels. >> we did not have to travel far to find concern about what is happening in europe. >> we are in the middle of a crisis, i guess. i am worried about my salary, my mortgage. >> further along the road, the self-styled heart of europe, the commission. inside, the top european official. >> i'm looking forward to the day when i can bring you some good news. >> not today. >> this forecast is in fact the last wake-up call. the recovery has not come to a standstill and there is a risk of a new recession. -- the recovery has now come to a standstill. >> it had been hoped that economic growth woul

>> the third agency of government i would do away with, education, the -- >> commerce. >> commerce and-- i can't. the third one i can't. sorry. oops. >> oops. can't help but picture all the federal employees wondering if their agency was the one he was trying to remember. amy water is with us from washington. what happened there? how was he doing before that? >> you know, before this, he was actually having a relatively decent debate. in fact, seconds before that happened, i was actually sending an e-mail to someone saying, rick perry's looking strong in all of this. and then that happened and i tweeted out at that moment, dear "saturday night live," you're welcome. sincerely, rick perry. >> right. and herman cain, as well. >> that's right. this was supposed to be a debate where herman cain was under fire where he was going to have to answer a lot of questions about all the allegations that have come up this week. instead, he got a pass, not only are we not only talking about perry right now, but during the debate, when the question was asked about the accusations, the audience booed,

commerce, education, what is the third one? commerce, education and the um, um -- >> epa? >> seriously, is that the one you're talking about? >> no, sir we were talking about the agencies of government. the epa needs to be rebuilt. >> you cannot name the third one? >> i would do away with education, commerce. i can't, the third one, i cannot. sorry. oops. >> joining me now to assess how big a blunder this was, we're joined by our american added there. is this a gaffe that rick perry can recover from? >> i don't think that he can. whether he has gone within weeks or months, i don't know. it is difficult to recover from this. it will just be replayed and replayed. imagine how they would feel if he got in a debate with obama. imagine if he became president and it did that in front of the world's press and say he was greeting the chinese leader. people say that this is trivial. there is a moment when your brain friezes but this is something he should have thought of. he should have surely if he is going to abolish a whole the pot -- a whole department, what regulations might n

numbers right back to the commerce and let's see i can't the third. one opes fifteen minutes later he remembered that it was the department of energy that he would eliminate place for the next. that's why i've offered to ship to rick perry a case of edison factory trishul supplement for most of the sponsors of my radio show can prove brain functioning and memory what about herman cain and heading into the debate dodging allegations of sexual harassment all eyes are on cain to see how he performed and if you thought he'd be careful how he talked about women think again as a cain said about former speaker of the house nancy. but legislation has already been written h.r. three thousand in the previous congress he was h r thirty four hundred and put beddoes has already been written we didn't hear about it in a previous country the previous congress we got princes nancy send it to committee and it stayed there it never. later again admitted he probably should have made that statement and then today he said that he was just fine with it but this gap shouldn

. >> commerce.et's see. >> oh, my. >> i can't. the third one i can't. i'm sorry. oops. can i help you? yeah, can i get a full-sized car? for full-sized cars, please listen to the following menu. for convertibles, press star one. i didn't catch that. to speak to a representative, please say representative now. representative. goodbye! you don't like automated customer service, and neither do we. that's why, unlike other cards, no matter when you call chase sapphire preferred, you immediately get a person not a prompt. chase sapphire preferred. a card of a different color. (phone ringing) chase sapphire preferred, this is julie in springfield. >>> another day and another republican presidential debate. last night's may be more memorable, but did any step in and stop mitt romney? john king joins me from washington. >> it's safe to say it was not rick perry who stepped in last night. let's look at the dynamic in the republican race. if you come back in time here, here's what we have right now. who will

all five ok commerce education and the. e.p.a. e.p.a. very. seriously. you see. that i know so we're talking about the. agencies of government the e.p.a. has to be rebuilt but you know how to value can't name the third one the third agency of government i would i would do away with education the. i'm right back to the commerce and let's see if i can add the third to our camp so i. opes fifteen minutes later he remembered that it was the department of energy that he would eliminate place with made bombs that's why i've offered to ship to rick perry a case of edison factory attritional supplement from all of the sponsors of my radio show can prove brain functioning and goes memory what about herman cain and heading into the debate dodging allegations of sexual harassment all eyes were on cain to see how he'd perform and if you thought he'd be careful how he talked about women think again as we cain said about former speaker of the house nancy pelosi. but legislation has already been written h.r. three thousand in the previous congresspeople states are third to four

or require people to engage in commerce. the court has found that congress cannot regulate interstate economic activity that in combination do not affect commerce, and congress cannot regulate noneconomic activities such as carrying a gun in a school zone. so it should be clear that congress cannot regulate inactivity such as a thought or a decision not to purchase health insurance. congress has great power under the commerce clause to reduce individual freedom and that great power under the commerce clause goes back to 1942 under the wick earth versus filburn case in which a farmer could be penalized for exceeding a quota on the amount of wheat he could produce even when the excess went for providing food for his own farm and his own livestock. and that the commerce clause decision has allowed congress to pass many significant regulate laws pursuant to wicker such as environmental laws, drug laws, public accommodation provisions of civil rights laws. but in every such case the regulated person retained freedom to avoid bein

let's see. [ laughter ] >> commerce -- >> commerce... and let's see. [ pause ] >> oh, my. >> i can't. the third one i can't. sorry. oops. >> perry was reaching for the department of energy. he is trying to shrug off the lapse as a minor mistake and is on a damage control blitz. he did live interviews on all the morning shows and he is on with david letterman tonight. >> hey, listen, you try concentrating with mitt romney smiling at you. that's one handsome dude. >> the texas governor says he has no intention of pulling out of the race. >>> new results released less than an hour ago on the sheriff's race in san francisco. after round 3 in the vote count, ross mirkarimi is still edging out paul myamoto 53-47%. this isn't final tally. the registrar of voters say there are still 4500 mail-in ballots to count and 7500 provisional ballots still to be counted. and that count is going to begin on sunday. we have complete election results on all bay area races on our website, cbssf.com. >>> if you want to lose weight, bacon is banned, right? not

commerce,,education, and the -- what's the third one there?'s see.the third agency of government i would -- i would do away withh education, the..."mos says: "commerce""perry says: can't. the third one, i can't. appears on letterman tonight and will attend saturday's debate in south carolina... newt gingrich again got raves for ridiiuling the media's questions & debate rulesbartiromo says::"wwuld you like to exxlain in simpll speek to the american people what you would do after you reppal the president's health care legislation?"gingrich says: "in 30 seconds" bartiromo says: "take the time you need, sir. take the time you need."gingrich says: "i can't take haa i need. these guys will gang up on me..." he audience groaned and booed at the questions about sexual harrassment allegaaions against hermmn cain bartiromo says: "here we're foousing on chhracter and on judgment." (booing)caii says: "the american people deserve better than someone beinn tried in the courr of public opinion based on unfounded aacusations. sot cain over he last nine days,

our local businesses all on the frontlines of commerce every day. and they know where the savings and efficiencies are that could be improved. we must work with our local businesses who know business best. if government's going to be involved in improving the business environment, it only makes sense that government talks to the businesses that we are trying to help. in my coastal district of north carolina, marine transportation and commerce is the lifeblood of the cape fear region and understanding the importance of marine torgs and waterway infrastructure i sought the imput of local business leaders to develop the seventh congressional district coastal gact to outline key priorities for our areas, coastal infrastructure, in way which we can get the public and private sector and government agencies to work together. so this amendment that i have put forth builds on a proven model used to develop our coastal compact and one we believe that business leaders across this country would like to have a say and involvement and firsthand knowledge to be in

>> i would do away with the education. >> commerce. >> commerce, and let's see -- i can't -- sorry.governor rick perry joins me now. thank you so much for being here. >> it's an honor to be here with you. that's pretty brutal. megyn: how did it happen? >> i think it happened to everybody before. i stepped tonight, that's for sure. some of it is still stuck on my feet. the fact is there are a lot of americans out there that were not unlike me as they sit around and think about federal agencies they would like to forget. i certainly had the agency of energy stuck on -- it wasn't even on the tip of my tongue. megyn: we are all there when we are thinking will it come to me? will it come to me? >> even looking over to mitt and her man and ron paul and saying, you guys want to give me a hand here? megyn: ron paul threw you a lifeline and so did mitt romney. he's your big rival in this campaign. >> here is the seriousness of this. we were having a good debate talking about issues important to the people of this country. as a matter of fact we are having a little fun with it which is fine.

. >> commerce.nd let's see. i can't. the third one, i can't. sorry. [ laughter ] oops. >> oh, no, man! [ cheers and applause ] >> jimmy: awful to watch. yeah, i love that. after 30 seconds of stuttering, rick perry said, "oops!" [ laughter ] "oops!" incidentally, 30 seconds followed by an "oops" is why justin bieber had to take a paternity test. [ cheers and applause ] >> steve: whoa! oh, hey! whoa! hey! woo! >> jimmy: that's right. rick perry said, "oops." interesting because oops is the same thing being said by everyone who donated to rick perry. [ laughter ] they go, "oh, oops!" i know. i know these rick perry jokes are a little mean, but tomorrow he won't even remember them. so don't -- don't feel bad. [ laughter and applause ] don't feel bad. he's fine. "the third one is -- whatever." >> jimmy! >> jimmy: what's up, buddy? [ cheers and applause ] good to see you. this is crazy, guys. the duggar family? [ audience ohs ] >> steve: no. >> jimmy: yeah. from the show "19 kids and counting." they're h

oh five uh ok so commerce, educaaion and uh, the uh, epa yeah there you go. -butt to-but you can't name the third one??he hird agencc of governnent i would doaway &pwith education,uh, tte uh, let's see, i can't the third one i can't. ooos! later wwile answering another question... theegovvrnor said the third genny was in fact "stepped in it."ress he rrally - did you know... that lmost 25- percent the worrd's seafood is ? mislabeled?"fish passes through so many hands from the &ppime it's caught to the time it's sold thha it's hard to tell where the mislabeling occurs... " what you áthinká you're buying. or if it's really... a mystery. 3 p, you're aaching fox 45 morning news.. ll local.. all morningg ((break 5)) 3 3 ((ad lib meteorologist)) 3 &p map 32 ap old court map fiber map 3 3 3 3 3 it's our mobideal week.. we'll bring you a deal from mobideals... whichh provides coupons directly to your cell phone! phone!this week's eal ccmes from... "g-t pizza."get 50 percenn off an 8 inch one topping pizza. just go o my-mobideals- look for mobideals on your mar. smaatp

>> the third agency of a government i would do away with -- education the -- commerce and at less see. i can't. sorry. oops.. >>> th week on "inside washington," the brain freeze heard round the world. >> i said, "what are you doing? >> i don't even know who this woman is. >> herman cain fights more allegations of sexual harassment. >> when you get beat, you have to admit it and congratulate the folks. >> ohio voters also repudiate the health care mandate. in italy, the bill comes due f la dolceita. >> joe paterno is no lger the head football coach effective immediately. captioned by the national captioning institute --www.ncicap.org-- >> i think is fair to say that debating is not a perry's strong suit. i don't think i'm being crueler here. at wednesday night passed a republican debate in michigan he says at he will eliminate three departments. >> commerce, education, d what's the third one? [laughter] >> five. >> ok. commerce education, and the -- >> epa? >> there you go. [laughter] [applause] >> seriously? is epa the one you are talking about? >> no, sir. talking about agenencies o

felt that an israeli invasion were imminent commerce so far has never gone that far to say commerce itself will hold to a cease fire relative cease fire commerce so far has not stopped these smaller groups from prior firing these rockets doesn't do that and end with i don't see it doing that unless it was afraid of an imminent invasion. a human rights group says the number of revenge killings by revolutionary forces in libya is escalating sharply the watchdog claims and t.c. fall it is a terrorizing displaced residents of the coastal town of to work for supporting the regime and one of the authors of the report fred abrahams from human rights watch believes that nato countries must do more to strengthen democratic forces there in the bia. well in some places the violence is quite bad the town we looked out in was called and the militias from the neighboring town of misrata are terrorizing the people of to where they accuse them of having fought for qaddafi of having committed atrocities. in his name and you know the problem here is that the militias are not under the control of the

commerce felt that an israeli invasion were imminent commerce so far has never gone that far to say commerce itself will hold to a cease fire relative ceasefire commerce so far has not stopped these smaller groups from prior firing these rockets doesn't do that and. i don't see it doing that unless it was afraid of an imminent invasion. he's been rights groups say the number of revenge killings by revolutionary forces in libya is escalating sharply new york based human rights watch suggests that n t c fighters are terrorizing displaced residents of the coastal town of for supporting the old regime well for more on this i'm joined live by fred abrahams he's from human rights watch one of the authors of the report outlining these abuses fred thanks very much indeed for being with us here on r.t. so tell us what is happening in libya now just help out all of these alleged violent reprisals. well in some places the violence is. it's quite bad the town we looked out in was called and the militias from the neighboring town of misrata are terrorizing the people of to where they accuse them of havin

>> the third agency of government, i would do away with the education, the -- >> commerce. >> commerce and let's see, i can't. the third one i can't, sorry. oops. >> oops. this morning, perry owned up to the gaffe. tried to make the best of it. >> i will tell you, i don't mind saying clearly that i stepped in it last night, but i think i'm kind of like most americans and there are so many agencies of government out there we'd like to forget, that the department of energy was one of those. >> joining me now, a man who's become a bit of a youtube situation as a result of this, john harwood. good afternoon to you. that one moment took up most of the air in last night's debate. let's dissect it for a moment here. perry stumbles, then romney suggests epa. was romney actually trying to help out perry? >> you know, i couldn't tell. it was a bit of a confusing moment because people were laughing and you know, perry was making light of himself and when romney said epa and he said, yeah, epa, that's right, that's when i said to him, so, is that the one you were talking about, i was trying to fig

. >> i would do away with the education, the -- >> commerce. >> commerce. let's see. i can't -- the third one i can't. i'm sorry. oops. >> the perry campaign is on life support, and the candidate is flooding the air waves. >> i stepped in it last night. i stepped it in. i stepped in it last night. that's for sure. >> i'll ask political analyst jim moore if it's time to say adios to the perry campaign. >> you know what? this pisses me off. >> the victim of joe watch's rude outburst is a letter carrier for the postal service. >> i'm tired of hearing that crap. >> tonight she gets her chance to respond. good to have you with us, tonight. thanks for watching. joe paterno is no longer the head football coach at penn state following more information about the child sexual abuse scandal involving his former assistant coach jerry sandusky. but the game will go on this saturday. last night the board of trustees fired paterno and university president graham spainer effective immediately. today paterno has hired a criminal defense attorney. the story continues. paterno and his w