David Rivkin on Fox & Friends

David Rivkin Counters Professor's Attacks during Fox & Friends Debate

Constitutional Lawyer Defends Individual Liberties on Morning Show

For_Immediate_Release

United States of America (News Release) November 14, 2009-

Washington, DC-based David B. Rivkin, Esq.

David Rivkin debated Georgetown University law professor Michael Seidman on constitutional issues swirling around health care reform on Fox and Friends earlier today. The debate reprised the exchange of legal arguments by both Mr. Rivkin and professor Seidman at an O'Neill Institute forum at Georgetown Law Center on October 26, 2009. Mr. Rivkin initiated the national debate on the constitutionality of proposed healthcare reform legislation that requires every citizen to purchase health insurance.

Fox and Friends host Clayton Morris posed questions to both Mr. Rivkin and professor Seidman during the morning show. Known as the "individual mandate", the issue continues to stir heated arguments on both sides. The broadcast segment can be viewed at the Fox News website.

When Fox & Friends host Clayton Morris posed the question of constitutionality first to Seidman, he cited 75 years of decisions by the Supreme Court to uphold Congressional regulations of individual activities related to commerce. He followed by dismissing Mr. Rivkina's position, "What Mr. Rivkin is asking the five or six Republican members of the Supreme Court to do is to upset the considered judgment of the people on what has to be very, very flimsy constitutional grounds."

Rivkin responded by saying:

It (the legislation) is unconstitutional! The whole point of the Constitution is putting limits on majoritarian rule. Michael was correct that the Supreme Court for 70-plus years has upheld almost (emphasis Rivkin) every . . . effort of Congress to regulate under the commerce clause. But Congress never intended to do something like this. We're talking about individual behavior, not economic activities.

About Fox & Friends Weekend

Fox & Friends is a popular morning news and feature cable television show, with both weekday and weekend editions.  The show format includes national news, discussions about current events, and guest commentary. For more information, visit www.foxnews.com/foxfriends/.

About David Rivkin

David Rivkin, an attorney in private practice and partner at Baker & Hostetler in Washington, D.C., has had a lengthy career distinguished by service in the White House during two presidents' terms, in the U.S. Department of Justice, and in the U.S. Department of Energy. He is a well-known writer and media commentator on matters of constitutional and international law, as well as foreign and defense policy. He is a Visiting Fellow at the Nixon Center, Contributing Editor at the National Review, and a member of the Advisory Council at National Interest magazine. He currently serves as Co-Chairman of the Center for Law and Counterterrorism at the Foundation for Defense of Democracies. He currently represents foreign governments and corporate entities on legal, political, economic, defense, and public relations matters.

For more information, visit www.davidrivkin.com or contact:

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Keywords: health care reform, healthcare reform, constitutionality of healthcare reform, David Rivkin, Washington Post

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