Posted on 03/03/2011 3:50:39 PM PST by DanMiller
Judge Kessler’s February 22nd ObamaCare decision held that a decision not to make a government-mandated purchase in interstate commerce is economic activity and therefore activates the federal government’s authority under the Commerce Clause. This presents a bit of a conundrum: even assuming that she is correct, how about the failure to make any decision at all whether to buy or not to buy? Does that failure to engage in a decision-making process, which she determined to be activity, also constitute activity in interstate commerce? If so, George Orwell would be disappointed that he hadn’t lived to read about it.
Both decisions to buy and not to buy anything require mental “activity” and are therefore the sole province of (a) sentient beings who (b) actually decide. The failure to make any decision concerning ObamaInsurance is, by definition, no decision at all: it involves not even the “mental activity” of a fleeting thought and is completely removed from commerce. A comatose and brain-dead person must of necessity fail to make such decisions and, indeed, failing to think is all of the mental “activity” in which he can engage. Sentient beings can also for various reasons or none fail to decide whether to purchase ObamaInsurance. Except in some Orwellian sense, the absence of both physical and mental activity in an area said to implicate commerce cannot be equated with either mental or physical activity; nor can such an absence be construed as engaging in interstate commerce for Commerce Clause purposes. It is instead the complete absence of commercial activity, both physical and mental.
(Excerpt) Read more at pajamasmedia.com ...
My pet rock has more intelligence than Judge Kessler.
She is a hack and doesn’t care about the Constitution, logic or reason.
If I never make up my mind, I’m not subject to the judge’s ruling.
If you are forced by the government to buy, then you have no decision, isn’t it unconstitutional for the government to make the decision for you?
Moot.
Its been declared unconstitutional.
She did not get her assinine ruling in before the zot.
Is that the Kessler of whiskey fame?
Yes...but...Did she get it in in time for the blog pimp??
We know how 8 judges on the USSC will vote. But how will Kennedy vote?
Refusal justifies force. Yes, we are all familiar with that sentiment and the type of person that harbors it.
You and many others in the same position should not be; I expect that most folks will find things more deserving of their attention. That was the principal point (a simple one, I think) I was attempting to make. As far as I am aware, it had not previously been made.
Drilling for oil anywhere is economic activity!
Rocket science
Great article Dan. Meanwhile as we start on this course of disaster the UK National Health guy is saying they’re going to need private mergers to get them out of the hole...
http://www.freerepublic.com/focus/f-news/2683088/posts
I’m so done with stupidity...or...more likely, the deliberate subversion of not only our healthcare but everything that’s good and true in this wonderful country.
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