Home > law > Don’t think about that! It’s Now Interstate Commerce.

Don’t think about that! It’s Now Interstate Commerce.

REGULATE IT!

Well, a federal judge from the District of Columbia has ruled that Obamacare is Constitutional.  The score card now sits at 3-2 in favor of its Constitutionality.  Of course, the score doesn’t matter because the Supreme Court will be making the ultimate decision, hopefully sooner rather than later.  I’m posting about the D.C. decision because I find it truly terrifying that a federal judge would issue a ruling that says this:

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.

Read that again, and absorb just what is being asserted here.  Let’s remember that the Constitutional issue with Obamacare is whether Congress can compel a private citizen to purchase a product on the private market.  Our government argues it possesses this power under the Commerce Clause in the Constitution.  The Commerce Clause says this:

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

The Commerce Clause constitutes one of the very few enumerated powers given to Congress, and its scope seems pretty clear.  Of course, thanks to the Supreme Court, this short clause has been twisted into a pretzel, and now serves to support Congress’ regulation of just about everything.  Congress has never before tried to force the American people to buy something, however, so Obamacare is truly unprecedented. 

O.k., now that we’ve had our review, let’s evaluate the scope of the D.C. ruling. 

It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not ‘acting…’

Here, the D.C. court is simply agreeing with the government’s argument that, by doing nothing, one is actually doing something.  Take this assertion to its logical conclusion, and Congress can force us to buy whatever it wants.  Hopefully it chooses a tank.  Because owning a tank would be awesome.

In my opinion, the D.C. court goes beyond that though. 

Making a choice is an affirmative action, whether one decides to do something or not do something.

By using this assertion as a basis for its ruling, the court argues that Congress can literally regulate one’s thoughts under the Commerce Clause.  I’m crazy, you say?  Well, think about it.  Where does a decision to not do something reside?  It isn’t manifested in physical action, as a decision to do something would be.  Instead, it resides only in your brain.  The D.C. court believes the decision living in your head can be regulated, it’s that simple. 

Am I going too far with this?  Maybe.  But everyone needs to realize that, if the individual mandate in Obamacare is found to be Constitutional, then there is literally nothing Congress cannot regulate.  And if the D.C. court has its way, that would include your own thoughts.

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  1. Mary
    February 23, 2011 at 5:11 PM

    Are you thinking? Have you paid the fee for that yet? Filed the proper paperwork? Gotten the necessary authorizations?

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