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ObamaCare ruling: Commerce Clause now reaches “mental activity”
Hot Air ^ | February 23, 2011 | Bruce McQuain

Posted on 02/23/2011 2:55:20 PM PST by 2ndDivisionVet

Another federal judge has found for the Constitutionality of the individual mandate. But if ever you’ve wondered what tortured logic looks like (made in an effort to justify something that just doesn’t fit) then you’ll be amazed to read the following from the ruling:

As previous Commerce Clause cases have all involved physical activity, as opposed to mental activity, i.e. decision-making, there is little judicial guidance on whether the latter falls within Congress’s power….However, this Court finds the distinction, which Plaintiffs rely on heavily, to be of little significance. It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not “acting,” especially given the serious economic and health-related consequences to every individual of that choice. Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin. To pretend otherwise is to ignore reality. [emphasis added] William Jacobson boils it down for you:

Our thoughts are now actions. There literally is nothing the federal government cannot regulate provided there is even a hypothetical connection to the economy, even if the connection at most is in the future.

Excuse me while I sit down and ponder all of that for a moment. Anytime you make a choice not to act you are "acting". Therefore, the court has now decided, any decision to not to act (related to commerce) is an act and you can be therefore required to do what the government says you must do.

Or, more succinctly, you have no real choice regardless of what you decide, so sayeth the court.

If I decide not to buy a car, I’m acting, and if the government wanted to require me to buy a car, under this ruling, it could.

Good lord.

That’s just absurd (but Government Motors will most likely be putting together a heck of a lobbying effort to carry this ruling out to its logical end).

Oh and borrowing again from Jacobson, a little reminder of where all this “legal thought” is supposedly grounded:

The Congress shall have power…. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

TOPICS: Business/Economy; Government; Health/Medicine; Politics
KEYWORDS: healthcare; judicialactivism; liberaslfascism; obama; obamacare
I want to see them force 300 million people do anything.
1 posted on 02/23/2011 2:55:27 PM PST by 2ndDivisionVet
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To: 2ndDivisionVet

I can see it now:

Jim: What are you in for?
John: Murder, how about you?
Jim: I didn’t buy health insurance.

2 posted on 02/23/2011 3:02:11 PM PST by Castigar
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To: Castigar

John: “I like your style. I’ll show you ‘round the place...”

3 posted on 02/23/2011 3:06:34 PM PST by Leo Farnsworth (I'm not really Leo Farnsworth.)
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To: 2ndDivisionVet

Oh boy, I’m in trouble...

Given this sort of ruling, it seems that my hating anchovies, and refusing to eat them is not only affecting interstate commerce, but international commerce as well!

I’m causing an international incident because I refuse to eat anchovies! The trade balance deficit is my fault!

I’m expecting a call from the state department any moment now...


4 posted on 02/23/2011 3:07:45 PM PST by MarkL (Do I really look like a guy with a plan?)
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To: 2ndDivisionVet

OK, this one will be the highlight of the arguement

5 posted on 02/23/2011 3:14:12 PM PST by phockthis
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To: 2ndDivisionVet

“I want to see them force 300 million people do anything.”

Such as pay into Social Security? Use your Social Security number as an identifying number even though the Social Security act expressly forbids it be used as such? Pay taxes? Serve in the military (during the draft?) “Submit” to invasive TSA screenings? Acquire a passport to enter or leave the country? (Help me out here Freepers, I’m sure there should be more on this list.)

BTW, Mr. 2ndDivisionVet, love your postings.

6 posted on 02/23/2011 3:19:11 PM PST by Gen.Blather
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To: 2ndDivisionVet

Our Judges are becoming partisan politicians.

The law means nothing to them, they write it as they please.

We are in store for our own revolution if they keep swaying away from the law and the Constitution.

7 posted on 02/23/2011 3:29:31 PM PST by Venturer
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To: Gen.Blather

Only healthy, non-disabled males between 18-30 are in available for the draft. The others are unfortunately true. It’s the natural tendency of people to go along with authority. Oderunt dum Metuant (Let them hate, so long as they fear).

8 posted on 02/23/2011 3:31:59 PM PST by 2ndDivisionVet (All gave some, some gave all.)
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To: 2ndDivisionVet
Can we evade some of this near-totalitarian Commerce Clause cr@p by being members of an Indian Tribe? Are there effective treaties between the USA and Indian Tribes?

9 posted on 02/23/2011 3:50:07 PM PST by magooey (The Mandate of Heaven resides in the hearts of men.)
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