Quantum Windbag
Gold Member
- May 9, 2010
- 58,308
- 5,102
- 245
I kid you not, nor do I exaggerate. There is no difference between physical and mental activity, and Congress apparently has the power to regulate it. That, at least, is the logic behind the most recent decision that finds in favor of the Obamacare mandate.
http://legaltimes.typepad.com/files/mead_opinion.pdf
It is official, Congress is now omnipotent.
As previous Commerce Clause cases have all involved physical activity, as opposed to mental activity, i.e. decision-making, there is little judicial guidance on whether the latter falls within Congress’s power...However, this Court finds the distinction, which Plaintiffs rely on heavily, to be of little significance. 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.
http://legaltimes.typepad.com/files/mead_opinion.pdf
It is official, Congress is now omnipotent.