SA’s Feddie has kind words for my article on federalism and doctor-assisted suicide. (Thanks Fed!) But I would like to note one potential disagreement. Feddie writes “until Wickard is overruled, I am all for Congress using its judicially expanded Commerce ‘power’ to shut this horrific practice down.” Certainly Congress could get away with using its commerce power to restrict doctor-assisted suicide in Oregon and elsewhere. Yet if one believes that such use of the Commerce Clause is unconstitutional — Supreme Court opinions to the contrary notwithstanding — I do not believe one should advocate the opportunistic use of such power to achieve desirable policy goals. Members of Congress, no less than judges and justices, have an obligation to assess the constitutionality of federal acts. And when a member of Congress concludes that a given piece of legislation is unconstitutional, it is his duty to vote against such legislation, even if he believes the law would withstand a challenge in court. To do otherwise is to make a mockery of each Congressman’s oath to uphold and defend the Constitution.