mr. kroger, but i'm sure you're just fine. now, the congressional budget office in the past has said that requiring individuals to purchase a particular good or service was, quote, unprecedented, unquote. now, that's a congressional budget office. the congressional research service recently concluded that, quote, it is a novel issue where the congress may use the commerce clause to require an individual to purchase a good or service, unquote. i think it is a novel issue. i submit because congress has never done it before. now, i'll throw this question to each of our witnesses and hope i get straight answers. can you give me an actual example other than obamacare of congress requiring individuals to purchase a particular good or service? >> senator, if i may, my parents own a small business, they're constituents of senator cornyn and if you told them the government had never required them to buy a good or service, they would be astounded. i mean, the federal osha law and regulations require all kinds of sole appropriators and s

mr. kroger, but i'm sure you're just fine. now, the congressional budget office in the past has said that requiring individuals to purchase a particular good or service was, quote, unprecedented, unquote. now, that's a congressional budget office. the congressional research service recently concluded that, quote, it is a novel issue where the congress may use the commerce clause to require an individual to purchase a good or service, unquote. i think it is a novel issue. i submit because congress has never done it before. now, i'll throw this question to each of our witnesses and hope i get straight answers. can you give me an actual example other than obamacare of congress requiring individuals to purchase a particular good or service? >> senator, if i may, my parents own a small business, they're constituents of senator cornyn and if you told them the government had never required them to buy a good or service, they would be astounded. i mean, the federal osha law and regulations require all kinds of sole appropriators and s

mr. kroger, but i'm sure you're just fine. now, the congressional budget office in the past has said that requiring individuals to purchase a particular good or service was, quote, unprecedented, unquote. now, that's a congressional budget office. the congressional research service recently concluded that, quote, it is a novel issue where the congress may use the commerce clause to require an individual to purchase a good or service, unquote. i think it is a novelssue. i submit because congress has never done it before. now, i'll throw this question to each of our witnesses and hope i get straight answers. can you give me an actual example other than obamacare of congress requiring individuals to purchase a particular good or service? >> senator, if i may, my parents own a small business, they're constituents of senator cornyn and if you told them the government had never required them to buy a good or service, they would be astounded. i mean, the federal osha law and regulations require all kinds of sole appropriators and sma

mr. kroger, to the effect that certain decisions are wisely left for congress. the courts lack the authority to be a sort of roving commission on all things constitutional. we have to make a number of these decisions on our own regardless whether the courts are going to do them for us. i wanted to ask a few questions of mr. dellinger if that's ok, professor. do you agree, first of all, with james madison's assessment that mr. corn inquoted a few minutes ago, that while the powers of the federal government are few and defined, those that are left to the states are numerous and indefinite? >> i do agree. and i think senator cornyn correctly cites federal list 45 or that proposition. as i said, senator lee, within the area of congress' authority to regulate national commerce, what has grown is the interdependencey of national commerce, not our understanding of the constitution. >> sure, sure, it has grown but they had interstate commerce then. they were interconnected. in fact that was the whole reason why we needed to be a union in the first place, right? >> corre

mr. kroger, it is good to have you here. we enjoy having the attorneys general here. we have two former attorneys general on this committee, senator befall and senator white house -- senator bingaman fall -- blumenthal and senator whitehouse. do you have any concern about the constitutionality of the requirements as an individual purchases health insurance? >> none whatsoever. >> thank you. as attorney general, did you ask on your own review the legal basis for the affordable care act? >> yes i have, senator. >> do you think it is oregon's responsibility to protect the health of the citizens? >> yes. >> thank you. professor fried, been here since the time of president ford, when you're solicitor general for president reagan, i almost feel like a first match you and i should call you felicity general. -- solicitor general. to think as individuals purchase health insurance and represents is the extension of congress' authority to regulate insurance under the commerce clause? >> i don't think it is unprecedented. i think the language which i quoted from you from chief ju

mr. kroger, but i'm sure you're just fine. now, the congressional budget office in the past has said that requiring individuals to purchase a particular good or service was, quote, unprecedented, unquote. now, that's a congressional budget office. the cgressional research service recently concluded that, quote, it is a novel issue where the congress may use the commerce clause to require an individual to purchase a good or service, unquote. i think it is a noel issue. i submit because congress has never done it before. now, i'll throw this question to each of our witnesses and hope i get straight answers. can you give me an actual example other than obamacare of congress requiring individuals to purchase a particular good or service? >> senator, if i may, my parents own a small business, they're constituents of senator cornyn and if you told them the government had never required them to buy a good or service, they would be astounded. i mean, the federal osha law and regulations require all kinds of sole appropriators and smal