Orrin Hatch and Ken Blackwell recently wrote a piece for the Wall Street Journal about the health care reform bill that just passed the Senate. In it they argue that the bill is unconstitutional.

It’s sad, really, that a sitting US Senator has become so desperate that he feels like he needs to join forces with Ken Blackwell to write an article based on a theory that was long ago debunked.

Ian at ThinkProgress smashed this right-wing nonsense months ago when Michelle Bachmann made a similar claim about the public option:

If Congress does not have the power to create a modest public option which competes with private health plans in the marketplace, then it certainly does not have the authority to create Medicare. Similarly, Congress? power to spend money to benefit the general welfare is the basis for Social Security, federal education funding, Medicaid, and veterans benefits such as the VA health system and the GI Bill. All of these programs would cease to exist in Michele Bachmann?s America.

And the LA Times Published a piece back in October by Erwin Chemerinsky, the Dean of the UC Irvine School of Law in October, that disproves, piece by piece, each of Blackwell and Hatch’s arguments.

“Although the desirability of this approach can be debated” Chemerinsky says, “it unquestionably would be constitutional.”

Who are you going to trust when it comes questions about the Constitution? Ken Blackwell or the Dean of a Law School?