Despite Kennedy’s seeming warming to the mandate at the end, he never got an answer to what he and several other Justices repeatedly asked: “Where is the Limitation?” The govt. never answered the question because there it cannot. If the mandate stands, enumerated powers of the govt. is destroyed completely. There is no way around that. Kennedy knows it as he continued to asked the question, which of course, was never answered.
“Despite Kennedy’s seeming warming to the mandate at the end, he never got an answer to what he and several other Justices repeatedly asked: “Where is the Limitation?” The govt. never answered the question because there it cannot. If the mandate stands, enumerated powers of the govt. is destroyed completely. There is no way around that. Kennedy knows it as he continued to asked the question, which of course, was never answered.”
This could be the key. Kennedy might think himself smart enough to see the limit but believe his successors would go beyond his self-imposed limit.