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Federal Judge Rules Congress Can Regulate "Mental Activity" Under Commerce Clause
The American Spectator ^ | February 22, 2011 | Philip Klein

Posted on 02/23/2011 8:10:37 AM PST by ConjunctionJunction

A federal judge has upheld the national health care law, making it the fifth ruling on the merits of the legal challenges to the individual mandate.

The ruling by the Clinton appointee, U.S. District Court Judge Gladys Kessler of the District of Columbia continues the pattern of Democratic-appointed judges siding with the Obama administration and Republican judges siding with the plaintiffs in ruling the mandate unconstitutional. Kessler's ruling comes in a case brought by individual plaintiffs, where as the two decisions striking down the mandate have come in cases brought by 27 states, based in Virginia and Florida.

Like the other decisions upholding the law, the logic of Kessler's ruling demonstrates how broadly one has to interpret congressional powers to find the mandate constitutional. In something right out of Harrison Bergeron, Kessler notes that Washington has the authority to regulate "mental activity":

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.

(Excerpt) Read more at spectator.org ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS: commerceclause; constitution; dc; gladyskessler; healthcare; individualmandate; judgekessler; kessler; obamacare; tinfoilhatneeded
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Congress can regulate "Mental activity" under the interstate commerce clause? That's a new one.
1 posted on 02/23/2011 8:10:45 AM PST by ConjunctionJunction
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To: ConjunctionJunction

“Congress can regulate “Mental activity” under the interstate commerce clause? That’s a new one. “

Giving new meaning to the “Thought Police”?


2 posted on 02/23/2011 8:12:22 AM PST by vanilla swirl (We are the Patrick Henry we have been waiting for!)
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To: ConjunctionJunction

If they tax it no democrat would have to pay.


3 posted on 02/23/2011 8:12:28 AM PST by null and void (We are now in day 764 of our national holiday from reality. - It's almost 3 AM)
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To: ConjunctionJunction

Bfltr


4 posted on 02/23/2011 8:13:09 AM PST by mnehring
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To: null and void

Which is why the democrats have exemptions for their own? No mental activity to speak of.

Ugh.

This is a horrible, horrible ruling.


5 posted on 02/23/2011 8:13:46 AM PST by BenKenobi (Don't expect to build up the weak by pulling down the strong. - Silent Cal)
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To: ConjunctionJunction

IOW Mind Control?


6 posted on 02/23/2011 8:16:07 AM PST by tiredoflaundry (I will not be silenced. Winners do not compromise!)
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To: ConjunctionJunction

It must be so. How else to justify the thought police?


7 posted on 02/23/2011 8:17:10 AM PST by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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To: mnehring

do i buy ins? no because i have va but i my wife and stepdaughter have it, we pay for it because wechoose to, it is smart to have ins. but no one should be forced to buy anything esp. by fedzilla!


8 posted on 02/23/2011 8:20:47 AM PST by Grunthor (Started the HCG diet yesterday. Down 4 lbs today.)
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To: ConjunctionJunction

Someone PLEASE tell me the original article came from “The ONION” or John Siemens or one of the other FR Satire favorites!

Ping John Siemens


9 posted on 02/23/2011 8:20:50 AM PST by gwilhelm56 (Egypt 2011 = Iran 1979)
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To: ConjunctionJunction

It’s a twisted decision, to say the least. A lack of commercial activity is NOT commercial activity, any more than a lack of criminal activity IS criminal activity.


10 posted on 02/23/2011 8:21:11 AM PST by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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To: swain_forkbeard

What a complete nut.


11 posted on 02/23/2011 8:21:16 AM PST by scooby321
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To: vanilla swirl
Giving new meaning to the “Thought Police”?

Nah. Just the realization of our worst nightmares. Nature imitating art.

12 posted on 02/23/2011 8:21:45 AM PST by the invisib1e hand (Every knife in my back pushes me forward.)
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To: BenKenobi

These people and their pretzel logic. Is the Commerce Clause supreme now? Does it override everything in the Constitution and BOR? Does the govt now have the right to compulsory economic activity down to the most basic needs, completely overriding the 9th and 10th amendments? Idiocy.


13 posted on 02/23/2011 8:22:45 AM PST by Free Vulcan (Vote Republican! You can vote Democrat when you're dead.)
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To: gwilhelm56

I wish, but no.


14 posted on 02/23/2011 8:22:57 AM PST by ConjunctionJunction
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To: ConjunctionJunction

Then ... Wisconsin is the LEAST of our PROBLEMS!!


15 posted on 02/23/2011 8:24:43 AM PST by gwilhelm56 (Egypt 2011 = Iran 1979)
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To: null and void
In this day and age doesn't this amount to a Bill of Attainder directed against Conservatives?

Article I, Section 10 provides protection.

16 posted on 02/23/2011 8:24:49 AM PST by Aevery_Freeman (It's not the *Prince of Fools* but rather the *fools* that are the problem)
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To: ConjunctionJunction

I wonder if that Judge can figure out what I’m thinking, right now...


17 posted on 02/23/2011 8:26:39 AM PST by Noamie
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To: Noamie

Hope you have your tin-foil hat on!

;)


18 posted on 02/23/2011 8:28:47 AM PST by ConjunctionJunction
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To: Free Vulcan
Wait until the First Wookie realizes that she can control the “mental activity” of the decision to Supersize!
19 posted on 02/23/2011 8:29:33 AM PST by Aevery_Freeman (It's not the *Prince of Fools* but rather the *fools* that are the problem)
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To: Noamie

“I wonder if that Judge can figure out what I’m thinking, right now...”

You better stop it now, or they will send the ‘Mental Health Police’ after you.

They know where you live. They can track your ‘thoughts’!

Muaaaaa!

:>)


20 posted on 02/23/2011 8:29:59 AM PST by Bigh4u2 (Denial is the first requirement to be a liberal)
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