The colloquy last Sunday on ABC, in which neither Time’s editor-in-chief (who authored its cover story on the Constitution) nor professors from Harvard and Georgetown could answer George Will’s question — Can Congress require obese people to join Weight Watchers? — was not the first time the question had been asked and non-answered.
During Elena Kagan’s confirmation hearing, Senator Coburn asked if Congress could require Americans to eat fruit and vegetables every day. Kagan said courts cannot strike down laws just because they’re dumb, producing this exchange:



