Obamacare and the Supreme Court with Richard Epstein and John Yoo

Richard Epstein, the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution and the Laurence A. Tisch Professor of Law, New York University Law School, and John Yoo, a professor at the University of California at Berkeley law school, examine the merits of various constitutional arguments for the Supreme Court's striking down Obamacare.

[@BeardsBladesandHair]

The Hoover Institution is a treasure.

[@WickerVideos]

John Yoo is ROCKING that bow tie!

[@pretorious700]

What is really instructive about this discussion is the interpretations of the individual supreme court justices personal motivations for their decisions. That should be the last thing considered in their decisions. The constitution should be the first.

[@humanhiveanomaly]

@5:38 Right on! I was about to call foul on this question. This is the paradigm that has allowed the endless growth of government. One must ask "where is the AUTHORIZATION for such legislation". Its sad that this is seemingly such a foreign concept to the so called highest level of arbitration.

[@pretorious700]

that would be an interesting campaign- "I'm voting for Yoo!!!! Who??? Yoo?" An Abbot & Costello routine.

[@Droodeex]

Epstein sounds like he is reading a teleprompter or a book while talking... pretty amazing. He just need to let John speak a bit more.

[@HansonZoe]

Great discussion forum, thanks for posting this video.

[@GrayWatchman]

Ahhhh "I was thirsty and you gave me to drink" a brilliant conversation. Thank you

[@wisdomwisher]

GREAT! interview.

[@Hypedhopes19]

Is there a book out there which showed how political corruption was aided by the new deal(including cases)?

[@avideorecord3585]

Citizen - a member of the body politic owing a duty of allegiance in return for a duty of protection, these are reciprocal obligations, one binding upon another. Couple this with several Supreme Court Cases where the court found that the state/govt has no duty to protect. So that essentially nullifies the existence of a citizen, leaving only people in power with an incentive to use force in their contracting.

[@dukerwong3900]

When we are talking about Obama care, it'll subject to three major issues. 1. Intention, 2. legalities 3. Results. The intention of this maybe good, he tries to let our Gov't to control and operated the entire health insurance and let and force every one to have the helth insurance, including illegal immigrants. Otherwise we will have to bare The consequences of the fines or ... Now we talk about legality issues. I believe this will definitely involve the violations of our constitutions. 1st, it limits people's own personal choices of their health decisions and their desires of purchasing the insurance or not. Someone is helthy now, he doesn't feel it's necessary for him to have to purchase or have insurance now and he decides not want this. His desire for now is to save money for a car. However, Gov't has to force him to let Gov't to make decisions for him instead of his own decisions. He's not a child and is fully grown-up and mentally helty guy. I believe that is unfair to force him to get a Guardian as the Gov't. Our law never said this should be legal to do this without the judgement from the court to prove he or she is not able to make his own decisions himself on the issues either how to spend his own money or how should he make his own decision of insurance choice. Also if Gov't wants to offer the free insurance to people, it's ok, as long as they can afford. However, Gov't can't force the rich or richer to pay the insurance for the poor or illegals. This will violate the freedoms of the properties. In our society, the property right are protected by our Constitutions. If our Gov't force rich or richer to pay the insurance for the poor and illegal immigrants, this will change the nature of our country to another system by nature. Next time, our Gov.t can force rich or richer to buy the house for poor. Although we are not rich, but we understand that is not America spirit, it's the ideologies and not by our Constitutions. If we adopted the poors from the whole world and force the rich and richer US citizens to share what they earned with them, I believe that is wrong and unfair to Americans and will stop or much slow our prosperity and against our costitutions. It's also unwise and illegal. If we knowingly to do things illegally, we can imagine the results and the consequences. The whole world can't afford this to be happened and American people will not allow this be happened. So we can only encourage people by the Spirit of bible to lead the kindness by volunteer work and donations to help the poor domestically or internationally and never to force. If we try to force, the Communism ideologies will seep in to take away our unique American spirit. Someone said as long as giving the notice should be ok. No it's not ok, it's the forcing. Communist confiscated all properties from innocent people by notice or consequences, Hitler killed all of Jews by notice. We must cherish and obay Our constitutions, don't focus on politics, but for our country's goodness. If we make sure do things by constitutions, our county will be prosperous forever and our American spirit will be there forever. Our law systems are the most important, constitutions are the basic frame of basic foundations of guarantee of our country's exceptional goodness, American's spirit, American dreams. We shouldn ' t wave the principals of the laws and keep our exceptional liberty and entrepreneurship be booming and forever. We accept immigrants from all over the world without careful screens, we should teach all immigrants the American spirit and the duties of the patriosm and recognitions of America's spirit and work hard to build our country together to reach their American dreams.

[@ronpaul2012robust]

Duker Wong I could tell from your English that you are not from this country, I could also tell that you are truly proud of being here. but I also understand that people coming from other countries know more about what America stands for than most Americans...and if you come from a recently communist country you truly understand what America's founding fathers wanted for their people. Americas people have been baybied for so many years that we don't see what can happen when you let your rights go. I have had a friend who didn't know that the constituition was established to limit the government. I don't know what to do anymore!?!?!.

[@bamboobarnicles3063]

They should let each other talk. That gets very annoying.

[@acmna]

"institutions arguing against the mandate 15 years ago, are now completely opposed." That seems consistent to me

[@jemari2]

Fantastic. Thanks for this!

[@0HippyHunter0]

@hooverinstitution my god is this a great discussion.

[@4k8t]

Perhaps it would have been better to stretch the program out to two hours (hehe) so that Epstein and Yoo would have enough time to spell out their positions better without the crosstalk. I enjoyed the extended program. It might be an idea to try to make the program title differentiate a bit more since there was another UK discussion with Epstein and Yoo maybe a year ago and I initially thought this was to be a rerun.

[@ricochet]

For those of you looking for more of Epstein and Yoo, they host a terrific podcast called "Law Talk" on Ricochet.com. If you liked this interview, you'll love their show. Check it out.

[@xerakis5620]

nobamacare going down, if you wantg socialism/collectivism go to kenya, or europe and see how well its working for them Slash the federal govt. except for military spending and the essentials!!

[@Mokinono45]

I like the music...

[@SuperVALUEDCUSTOMER]

I MENT TO ---TAX---- THE LOWER MIDDLE CLASS AT %50 TO %65. EVEN OUR EMPLOYER PAYS TO LET US WORK.

[@MsTommyknocker]

Epstein speaks as though hes from New York

[@SuperVALUEDCUSTOMER]

WHERE DOES THE CONSTITUTION SAY THE COURTS ARE TO COLLECT TRILLIONS FROM THE PUBLIC. OH HERE I FOUND IT. ONCE WE STEAL YOUR MONEY ITS OK. TITLE 65 TRILLION- SEC 285 BILLION- CLAUSE 948 MILLION- LINE 678 THOUSAND 927. GOOD THING I FOUND THAT LAW.

[@justTheMadLib]

I love how the same people and institutions arguing against the mandate 15 years ago, are now completely opposed. Very courageous, upstanding individuals

[@AndrewD624]

LISTEN, UNDERSTAND, DECIDE. RON PAUL 2012 A vote for Dr. Paul is a vote for yourself. He wants to limit gov intrusiveness in our lives & allow us to make our own choices. Stop politicians & the elites from thinking that they’re so smart that they know how to run our lives better than we do. He is one of the few politicians that will make difficult decisions, he will balance the budget by his 3rd year, while most politicians plan to balance the budget after their term is over VOTE RON PAUL 2012

[@SuperVALUEDCUSTOMER]

LABOR OR INCOME TAX, CAR TAX, EMPLOYER TAX, SALES TAX, GAS TAX, HOUSE TAX, DEATH TAX, COURT TAX, NEXT CARBON TAX, TAX TO LIVE IS THERE A VOTER TAX? WE PAY TAX SO GOV GIVE IT TO COMPANIES WHO PAY BILLIONS FOR OUR VOTE. SO YES THEIR IS VOTER TAX.

[@satrapclete3067]

Let Epstein talk! Interrupt the man every time he speaks......

[@EdIAHR]

What is so unprecedented about them telling us we have to get insurance in order to protect our lives? Doesn't the government already tells us we have to wear a seat belt or we'll be fined in order to protect our lives?

[@ronpaul2012robust]

at 6:30 an important question is asked but not answered

[@0HippyHunter0]

@fargley001 No. Epstein is a certified genius on this topic, others need to sit quietly and listen to him. Smart people pay tens of thousands of dollars to sit in front of him.

[@MsTommyknocker]

Enhanced interrogation techniques are not unconstitutional

[@Charlie12241]

Why exactly do people hate "Obamacare"? Is it the whole thing or only certain parts?

[@michaelpaliden6660]

Yes

[@harryjohns7638]

The movie John Q much explains our dilemma with the healthcare industry when greedy insurance companies sells insurance that doesn't actually cover customers and don't want to be held accountable for their deaths....an American problem....

[@michaelpaliden6660]

Nope

[@greendude27]

sorry he was born in south korea!

[@jeffreydesousa2719]

I've only watched 16 minutes, but Epstein has done a lot more speaking than Yoo...

[@MrJonisaurus]

Interesting video, but the radical conservative bias was a little irritating. Obligatory reference to evil Europe and all... Of course Europe is in a depression and economic wasteland, right? Wait, why is Germany in excellent economic shape even though they have public health care and enormous labour regulations? The judicial arguments these 2 make are interesting. Their political arguments are banal and bear evidence of their closed mindedness and America-centrism.