PLEASE read the ENTIRE commentary!
Some people get excited when the get a gold colored turd for Christmas.
If this was Roberts' Machiavellian plan, and this adjunct professor thinks he can explain it conclusively to a bunch of internet dumbos, why is it that Roberts was unable to provide a coherent explanation to his learned colleagues when confronted by Justice Kennedy?
Let’s look at this rationally. If the commerce clause has indeed been slapped down, this is likely far bigger victory than just defeating Obamacare.
With the advent of the New Deal, the powers of the federal government expanded into new realms: the regulation of in-state industrial production and worker hours and wages, that state activity was commerce if it had a “substantial economic effect” on interstate commerce or if the “cumulative effect” of one act could have an effect on such commerce.
Literally, if an elevator operator in a high rise building *might* transport someone from out of state, his job could be regulated by the federal government.
The Civil Rights Act of 1964, which outlawed segregation and prohibited discrimination against African-Americans, was passed under the Commerce Clause in order to allow the federal government to charge non-state actors with Equal Protection violations, which it had been unable to do up to that point because of the Fourteenth Amendment’s limited application to state actors.
The Supreme Court found that Congress had the authority to regulate a business that served mostly interstate travelers, and also ruled that the federal civil rights legislation could be used to regulate a restaurant, though most of its customers were local, because the restaurant served food which had previously crossed state lines.
US agriculture has been effectively nationalized since the New Deal, and much of that was done under the auspices of the commerce clause, even if what farmers produced was consumed entirely within a state. The federal government, in one Supreme Court case, was allowed to prohibit a farmer for growing wheat on his land for his own use.
Why do manufacturers have to sell low flush toilets and light bulbs that don’t work? Because if the ICC. A huge amount of federal intrusion into our lives and the products and services we buy is because of the ICC.
If indeed John Roberts has killed that monster, he may not only have shot down Obamacare, but taken out much of the last 70 years worth of progressive agenda.
Let us all hope so.
I read the article in its ENTIRETY and found I wasted my time. It is identical to what has been written and spoken from 200 sources.
To wit:
Brilliant Mr. Roberts crushed the Commerce Clause and then helped Conservatives rally the troops for November, leading to an almost certain president Romney.
And like the other 200 sources, it is flat WRONG.
The treasonous idiot Roberts has created a massive new Congressional taxing authority on INACTIVITY out of whole cloth.
Don’t you have a clue why this ruling is so dangerous?
Furthermore, had he struck down the entire law in accordance with Kennedy’s opinion, he still could have written his ruling opinion about the Commerce Clause identically.
In other words, if he joined the 5 Conservatives to overturn Obamacare as unconstitutional, he could have offered his Commerce Clause opinion identically, and still insured that Obamacare is not the law of the land.
Furthermore, it is NOT THE JOB of the USA Chief Justice to drive voter turnout in either political party. It is not.
It is his job to insure that the members of his court adjudicated cases on the merits of the supreme law of the land, the US Constitution.
In this, Benedict Roberts failed miserably, abdicated his duty, sold his soul, and assisted in the rapid destruction of our once free nation.
“PLEASE read the ENTIRE commentary!”
I did.
“It is understandable that most Americans, who are not law school graduates, do not think in these terms, nor do most pundits outside the legal community who interpret news. However, attorneys and certainly law professors get it.”
I’m a lawyer. I have an undergraduate degree in political
science and a masters in public administration. I get it.
After giving this article more consideration than it
deserved, my considered opinion is, “We got boned.”
b___s___!
I agree...it makes sense....
-PJ
I did scan it and it is more of the same crap.
I’ve spent enough years in the pasture to know what Bull Spit is without reading some highbrow bowl of verbal diarrhea from some spinmaster looking for ways to put a happy face on a dire situation. Crap.
Is the Rabbi Dov Fischer? He has a lot of time to write doesn’t he? What else does he do?
I think we have enough sense to sort Spit from Shinola.
Roberts screwed us all. No ifs, ands or buts.
I read it all.
Some Conservatives are making grasping at straws an art form.
While I don't always agree with Charles Krauthammer, I thoroughly enjoyed him DESTROYING and B-Slapping, he who "looks out for us," EXCEPT when it comes to bending over defending Dear Leader, his Administration or ANYTHING Demo-Rat...all in the name of "Fair and Balanced,"...the Bloviator in Chief, O'Reilly, tonight.
O'Reilly, as usual, made an effort to suggest that Roberts did the right thing by throwing this back to the people.
Charles (RIGHTLY) replied that if that was the case, Roberts should resign and there would be no more need for a Supreme Court.
I’m so tired of our side’s Stockholm Syndrome freaking idiots!
Give the da*n country away instead of fighting.
I hope Roberts defects to Malta to some Muslim camp there where he belongs.
It looks like John “The Taxman” Roberts’ mental illness has spread to Dov Fischer.
Obama is so amart.
And Roberts is so smart.
And we are all just too stoo-pid to know how smart they are and how stoo-pid we are.
Please, won’t someone help us understand?
/sarcasm
How about you post a decent excerpt instead of me going to the wash compost site?