second, the law is uncabined or unlimited. so far, the government, and this has been remarkable to me, in the two years in which the case has been argued and litigated, the government and defenders have been unable to come up with a single limiting principle on the exercise of the power to impose economic mandates on the people. at oral argument in the sky seven case, in the d.c. circuit court of appeals, the justices pressed the government attorney for ten minutes to give an example of a mandate the government would be unable to impose on the theory of why it can i am poets thmpose this. i was told by a report near a prets c press conference when the briefs were being filed, reporters asked them what the limiting principle was for the power and the justice department lawyers were unable to answer their questions. the reporters asked them the question and they grew frustrated at the inability of the reporters to take no for an answer, we don't have an answer to the question of what the limiting principle is. it is just a funda

second, the law is uncabined or unlimited. so far the government -- and this has been quite remarkable to me. in the two years in which this case has been argued and litigat litigated, the government and its defenders have been able to come up with a single limiting principle on the exercise of the power to impose economic mandates on the people. oral argument in thecase, the s d.c. circuit court of appeals, the justices pressed the government attorney for ten long minutes for a single example of a mandate that the government would be unable to impose on its theory of why it can impose this mandate. and the government's attorney was unable to provide a single one. i was recently told by a reporter in a press conference when the justice department was filing their briefs in this case that reporters asked them what the limiting principle was for this power and the justice department lawyers were unable to answer their questions. the reporters repeatedly asked them this question and the justice department lawyers grew somewhat fr

so with that it's uncabined in so far as.... >> brown: uncabined being a legal term. >> sorry, unlimited. i have to remember that. it's unlimited in so far as all the justice were pressing the solicitor general to explain the limits and you heard walter's description of that to some degree and so the concern about whether the limit on the power to impose mandate and justice kennedy made the argument that in some respects it's unnecessary because congress has a tax power that it could have used to solve many of these problems but it chose not to. so why should this power be exercised in this case, this new power, be discovered >> i think it's not attractive a proposition to tell chief justice roberts that the only way you can deal with the national problem of 30 million uninsured people is being having a monolithic national tax and agency solution like the new deal. one reason it's novel is that we're using a more conservative approach that was recommended by conservatives of using the existing private market and giving people an incentive to engage in commerce. i think in some ways the m