“Living Constitution” is tyranny. If you want something in the Constitution, get an Amendment. Yes, it’s supposed to be hard to do.
“The Congress shall have Power
....
To regulate Commerce with foreign Nations, and among the several States
....
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
....
—And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers”
Congress has the power to grant patents. Yes?
Even on drugs?
What if the drugs are life-saving and people can’t afford them?
Can Congress indirectly subsidize the purchase of these drugs under the “necessary and proper” power?