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The Commerce Clause as thought monitor.
Feb 28, 2011
WSJ
Another federal judge ruled last week that ObamaCare is constitutional, and Democrats are saying this makes the score 3-2 for their side. We disagree with the decision, but it’s worth noting the judge’s reasoning because it so neatly illustrates the constitutional stakes.
The crux of these cases is whether the government’s power to regulate “Commerce . . . among the several States” is so broad that it can mandate that everyone buy health insurance. Judge Gladys Kessler of the D.C. district court says in her 64-page opinion that this power includes regulating even “mental activity, i.e., decision-making.”
The distinction between activity and inactivity is “of little significance,” Judge Kessler writes. “It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not ‘acting’ . . . 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.”
Whoa. In other words, there is no constitutional principle that limits federal coercion. Any decision that doesn’t conform to what the government thinks you should do is an economic decision and therefore everything is subject to regulation….
Read more at: http://online.wsj.com/article/SB10001424052748703408604576164623704291908.html?mod=WSJ_Opinion_LEADTop
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