Wednesday, December 23, 2009

Yet, Freedom! yet thy banner, torn, but flying

What is that which the breeze, o'er the towering steep,
As it fitfully blows, half conceals, half discloses?
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6 comments:

Tecumseh said...

Finer constitutional points:

Never in this nation's history has the commerce power been used to require a person who does nothing to engage in economic activity. Therefore, no decision of the Supreme Court has ever upheld such a claim of power. Such a regulation of a "class of inactivity" is of a wholly different kind than any at issue in the Court's most expansive interpretations of the Commerce Clause. A mandate to enter into a contract with an insurance company would be the first use of the Commerce Clause to universally mandate an activity by all citizens of the United States.

Today, even voting is not constitutionally mandated. But, if this precedent is established, Congress would have the unlimited power to regulate, prohibit, or mandate any or all activities in the United States. Such a doctrine would abolish any limit on federal power and alter the fundamental relationship of the national government to the states and the people.

You don't say.

12/24/2009 12:38 AM
Tecumseh said...

Under this theory, given that the American auto industry is a highly regulated commercial activity in the national marketplace (in which the federal government has invested), Congress could constitutionally require every American to buy a new Chevy Impala every year, or a pay a "tax" equivalent to its blue book value.

Perfectly logical by Pepean rules.

12/24/2009 12:42 AM
Mr roT said...

Isn't this article hoping for failure, Tecs? That's Obama derangement syndrome by your lights, I thought.

You don't like Chevrolets eh?

12/24/2009 1:12 AM
Tecumseh said...

Never bought a GM car. I'll stay with Japanese cars, thank you.

12/24/2009 1:24 AM
Mr roT said...

Obama says Detroit. You get Detroit.

12/24/2009 1:31 AM
Tecumseh said...

That's the logic we're moving to, allright. Taking the Commerce Clause to its most illogical conclusions. Applied Pepean logic.

12/24/2009 9:16 AM

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