February 14, 2011 8:00AM 

# The Federal Government’s Police Power 

By [Ilya Shapiro](https://www.cato.org/people/ilya-shapiro) 

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Last week, after [I responded](https://www.cato.org/responding-to-akhil-amar-on-obamacare/) to [Akhil Amar’s op-ed](http://www.latimes.com/news/opinion/commentary/la-oe-amar-health-care-legal-20110206,0,1370439.story) that defended, in an uncharacteristically unthoughtful and ad hominem way, the constitutionality of the individual mandate, a reader suggested that Amar’s argument — particularly that “breathing is an action” that Congress can regulate — reminded him of that Police classic, “Every Breath You Take.” What’s ironic about this suggestion, perhaps inadvertently, is not only the invocation of “breathing” but that the whole Obamacare battle boils down to competing views of federal power: Does the government have a general “police” power or is its authority limited to that finite set of powers listed in the Constitution?

And so, without further ado, here’s how the song would look updated for 2011’s favorite constitutional debate (with apologies to Gordon Sumner aka Sting):

> Every breath you take 
> Every move you make, or 
> Decide not to take 
> Even when you flake 
> We’re mandating you
> 
> 
> Every single day 
> Every word you say 
> Every game you play 
> Even if you stay 
> We’re coercing you
> 
> 
> O don’t you fuss 
> You belong to us 
> How we regulate every step you take
> 
> 
> Every move you make 
> Every vow you break 
> Every smile you fake 
> Every claim you stake 
> We’re mandating you
> 
> 
> The Constitution’s lost without a trace 
> Since ’37 we go every place 
> Limits on government you can’t replace 
> Got rid of those so we’re always in your face 
> We’re commanding you, no saying please
> 
> 
> Every move you make 
> Every vow you break 
> Every smile you fake 
> Every claim you stake 
> We’re mandating you

##### Related Tags 

[Government and Politics](https://www.cato.org/government-politics), [Health Care](https://www.cato.org/health-care), [Constitutional Law](https://www.cato.org/constitutional-law), [Robert A. Levy Center for Constitutional Studies](https://www.cato.org/robert-levy-center-constitutional-studies) 

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