How can he uphold and defend when he doesn't understand?

(From http://www.cnsnews.com/news/article/55910)

(CNSNews.com) – Senate Judiciary Chairman Patrick Leahy (D-Vt.) would not say what part of the Constitution grants Congress the power to force every American to buy health insurance--as all of the health care overhaul bills currently do.

Leahy, whose committee is responsible for vetting Supreme Court nominees, was asked by CNSNews.com where in the Constitution Congress is specifically granted the authority to require that every American purchase health insurance. Leahy answered by saying that “nobody questions” Congress’ authority for such an action.

CNSNews.com: "Where, in your opinion, does the Constitution give specific authority for Congress to give an individual mandate for health insurance?"

Sen. Leahy: "We have plenty of authority. Are you saying there is no authority?"

CNSNews.com: "I’m asking--"

Sen. Leahy: "Why would you say there is no authority? I mean, there’s no question there’s authority. Nobody questions that."

When CNSNews.com again attempted to ask which provision of the Constitution gives Congress the authority to force Americans to purchase health insurance, Leahy compared the mandate to the government’s ability to set speed limits on interstate highways--before turning and walking away.

CNSNews.com: "But where, I mean, which–"

Sen. Leahy: "Where do we have the authority to set speed limits on an interstate highway?

CNSNews.com: "The states do that."

Sen. Leahy: "No. The federal government does that on federal highways."

Prior to 1995, the federal government mandated a speed limit of 55 miles an hour on all four-lane highways. The limit was repealed in 1995 and the authority to set speed limits reverted back to the states.

Technically, the law that established the 55 mile-an-hour limit--the Emergency Highway Energy Conservation Act of 1974--withheld federal highway funds from states that did not comply with it. The law rested on the Commerce Clause, which give Congress the authority to regulate interstate commerce, and Congress’ authority to dole out federal tax revenue. Someone who does not buy health insurance, critics have argued, is not by that ommission engaged in interstate commerce and thus there is no act of interstate commerce for Congress to regulate in this situation.