and i would go back, i think, to oliver wendell holmes on this. he was this judge who lived, you know, in the early 20th century. hated a lot of the legislation that was being enacted during those years but insisted that if the people wanted it, it was their right to go hang themselves. >> okay. >> now that's not always the case. but there is substantial deaf rens -- >> i want to give you another can. what if i seed eating three fruits and three vegetable was cut health care costs 20%. now we're into commerce. and since the government pays 65% of all the health care costs, why isn't that constitutional? >> senator coburn, i feel as though the principles that i've given you or the principles that the court should apply with -- >> i have a problem with that. because if we're going to hang ourselves and as our founders, three of the critical authors of our constitution thought the judiciary had a reason to smack us down and as oliver wendell holmes if we want to do stupid stuff, question do stupid stuff. i disagree. that's not activism. that's lookin

oliver wendell holmes said the lot is a minimum of what is required in a society. it seems to me the minimum that is required here is to try to meet the neighbor, regardless of what your opinion is of that neighbor and whether they are reasonable or not to also be unreasonable. >> i do not think there is any intent to be unreasonable, commissioner garcia. i think the intent is to get something done. she got her notion of violation. she got her permit. she got a contractor involved and wanted to get started. she has been stopped. if she had been able to get this stuff done, i am sure the work would have been able to proceed apace. the citation was issued on april 1. she got her permit issued in may. the right away filed an appeal. work stopped since may. it is not miss unterberger's fault. they could have gotten this work done. if there were other things the inspector found needed to be done on this property that was in violation of the code, he would have been in a position to cite it at that time. their delay is caused by this appeal. commissioner garcia: thank yo