New Law School Poll Results Show Barrett Lead Over Falk Growing

With the Democratic primary for governor in its last week, new results for the Marquette Law School Poll, released Wednesday, show Milwaukee Mayor Tom Barrett opening a larger lead over his main opponent, former Dane County Executive Kathleen Falk, than was the case in March, before Barrett formally entered the race.

But there are still a lot of undecided likely-voters in the election set for May 8 – about 19% — which needs to be kept in mind, Professor Charles Franklin, director of the poll, said in an “On the Issues with Mike Gousha” session at Eckstein Hall.

Head-to-head poll results for a possible final election for governor on June 5 between Barrett and Republican Gov. Scott Walker indicate a race that is effectively a tie at this point. Results for both all registered voters and for those who say they are likely to vote put one percentage point between Barrett and Walker (in one case, with Barrett ahead, in one case with Walker ahead, and, in both cases, with differences that are clearly within the margin of error).

The poll results found Democratic President Barack Obama holding a nine point lead over Republican presidential candidate Mitt Romney, an increase from the March results. But Franklin said Wisconsin is shaping up as a state that will be in play in the fall presidential campaign.

Full results for the poll, including video of the session at which the results were released and Powerpoint slides of key results, can be found by clicking here.

 

Continue ReadingNew Law School Poll Results Show Barrett Lead Over Falk Growing

ObamaCare Is Still Constitutional

Today I particpated in another debate over the constitutionality of the Affordable Care Act’s individual mandate.  At the invitation of the Milwaukee Chapters of the Federalist Society and the American Constitution Society, I debated Robert Levy of the Cato Institute over luncheon at the Milwaukee Athletic Club.  My thanks to our hosts, to Mr. Levy, and to the audience.  Below are my prepared remarks.  My previous post on the consitutionality of the individual mandate can be viewed here.

In December 1783, George Washington gave a toast at a dinner celebrating the formal dissolution of the Revolutionary Army.  He did not use his toast to offer a tribute to individual liberty.  Nor did he sing the praises of limited government.  Instead, his toast was a simple expression of what he hoped the future would bring to our new nation. He raised his glass and he said: “Competent powers to Congress for general purposes.”

We must never forget that our Constitution is a document that was intended to create competent powers for Congress for general purposes.

Much of what Mr. Levy cites in oppostion to the individual mandate is based upon abstract principles.  However, when we interpret the Constitution, we do not begin with abstract theories of political philosophy, and then attempt to shoehorn those theories into the text.

Instead, when we interpret the Constitution, we begin by looking to the text itself.

The power to “regulate,” which is the power delegated to Congress under the Commerce Clause, is the power to prescribe the rules by which commerce is governed.  The word “regulate” means “to direct” or “to command.”  Therefore, the plain meaning of the word “regulate” in the text includes a grant to Congress of the power to require action.

Continue ReadingObamaCare Is Still Constitutional