Posted on 02/09/2011 11:04:11 AM PST by Slyscribe
Ann Althouse took down Harvard law professor Lawrence Tribe’s pro-ObamaCare NYT op-ed in a trio of blog posts Tuesday. Althouse, herself a law professor, called out Tribe for trying to equate activity with choice, when there is a big difference.
In fact, the cases refer to “commercial activities,” and a switch from “activity” to “choice” is immensely important in the health care litigation, in which opponents stress that the failure to buy insurance is inactivity, not activity, and therefore beyond even the broadest interpretations the Supreme Court has ever given to the Commerce Clause.
(Excerpt) Read more at blogs.investors.com ...
As a straight up ‘if’/ ‘then’ question, the answer is yes.
Better question, what couldn’t they mandate?
If the Fed can mandate equity through compelling us to purchase goods and services they could complel us to buy Apple PCs or GM cars.
“Better question, what couldn’t they mandate?”
That’s precisely the issue. As stated by Anita Dunn (quoting Mao), “political power comes from the barrels of guns”, and we are completely at the mercy of the federal government. Our rights are gone, and the Constitution is irrelevant.
If Obamacare is made valid then they can do any damn thing they want. It will be the end of the constitution and the rule of law.
As some of the other posters have said, if it is valid, then there's nothing Congress can't mandate. If Obamacare is valid, the Constitution is dead. Simple as that.
If government can refuse medical care as a cost saving measure (as the UK and Canada do today), why could they not mandate cost saving medical procedures? If this logic goes to its course, how could government NOT mandate an abortion because it is cheaper than a childbirth, regardless of the mother’s wishes?
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