Pelosi on Constitutionality of forcing citizens to buy health insurance, “Are you serious? Are you serious?

CNSNews.com asked Nancy Pelosi (D-Calif.) on where the Constitution authorized Congress to order Americans to buy health insurance, which is included in both House and Senate health care bills.  Pelosi rudely responded by dismissing the question with a reply of “Are you serious? Are you serious?”

In an attempt to cover her gaff, Pelosi’s office later put out a written statement stating the right is within the oft used catch-all “Regulate Commerce” clause.

CNSNews.com asked Senator Ben Nelso (D-Neb.) “Specifically, where in the Constitution does Congress get its authority to mandate that individuals purchase health insurance?” and his response: “well, you know, I don’t know that I’m a constitutional scholar,” said Nelson. So, I, I’m not going to be able to answer that question.”

This is very reminicsent of President Obama stating that ‘empathy’ would be a key in choosing a Supreme Court Justice, because he felt the “quality of empathy, of understanding and identifying with people’s hopes and struggles, as an essential ingredient for arriving at just decisions and outcomes” was as important as interpreting the law and constitution.

If Supreme Court Justices should consider people’s hopes and struggles when interpreting constitutional law, why shouldn’t Speaker Pelosi disregard the Constitution when drafting legislation?  After all, she will have empathetic Justices to focus not on the true constitutionality, but instead whether it makes people ‘feel good’.