There is only one question to ask were there to be a debate whether Congress should mandate regular exercise. Whether regular exercise is a good idea or a bad idea is entirely irrelevant. The only relevant question is: Is it permissible under the Constitution? What about Article I, Section 8 of the Constitution, which says Congress shall provide for the 'general welfare of the United States.'? Surely, healthy Americans contribute to the nation's general welfare." That's precisely the response I'd expect from your average law professor, congressman or derelict U.S. Supreme Court justice. James Madison, the father of the Constitution, said, "If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one ..." Thomas Jefferson said, "Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated."
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