Skip to comments.ObamaCare ruling: Commerce Clause now reaches “mental activity”
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 youve wondered what tortured logic looks like (made in an effort to justify something that just doesnt fit) then youll 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 Congresss 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, Im acting, and if the government wanted to require me to buy a car, under this ruling, it could.
Thats 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;
I can see it now:
Jim: What are you in for?
John: Murder, how about you?
Jim: I didn’t buy health insurance.
John: “I like your style. I’ll show you ‘round the place...”
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...
OK, this one will be the highlight of the arguement
“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.
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.
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).
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