thisice antonin scalia. the mandate, whether it takes over the power given to the states. >> the amendment says the powers not given to the federal government are received. not just to the states but to the states and the people and the argument hire is that the people were left to decide whether they want to buy insurance or not. >> but -- but, your honor, this is what the court has said, and i think it would be a very substantial departure from what the court has said, is that when congress is regulating economic activity with a substantial interstate commerce that will be upheld. >> as the solicitor general with justice scalia, larry tweets, how can the federal government as the creator of the states -- rather, as the creation of the states become the dictator to the states? jess bravin, take us through the argument of stay power versus federal power. >> well it 13 states did precede the federal government and did establish first articles of confederation and replaced that with the united states constitut