Archive for April 29th, 2010

The Health Insurance Mandate and the Constitution

 

One of the more controversial provisions of the recently-enacted health insurance reform bill is the mandate for all individuals to purchase health insurance. But as Randy Barnett points out in a op-ed in the Wall Street Journal today, the mandate isn’t likely to pass constitutional muster:

The Patient Protection and Affordable Care Act (aka ObamaCare) includes what it calls an “individual responsibility requirement” that all persons buy health insurance from a private company. Congress justified this mandate under its power to regulate commerce among the several states: “The individual responsibility requirement provided for in this section,” the law says, “. . . is commercial and economic in nature, and substantially affects interstate commerce, as a result of the effects described in paragraph (2).” Paragraph (2) then begins: “The requirement regulates activity that is commercial and economic in nature: economic and financial decisions about how and when health care is paid for, and when health insurance is purchased.”

In this way, the statute speciously tries to convert inactivity into the “activity” of making a “decision.” By this reasoning, your “decision” not to take a job, not to sell your house, or not to buy a Chevrolet is an “activity that is commercial and economic in nature” that can be mandated by Congress.

It is true that the Supreme Court has interpreted the Commerce Clause broadly enough to reach wholly intrastate economic “activity” that substantially affects interstate commerce. But the Court has never upheld a requirement that
individuals who are doing nothing must engage in economic activity by entering
into a contractual relationship with a private company. Such a claim of power is
literally unprecedented.

Professor Barnett also co-authored a more detail analysis of the individual mandate found here. He also wrote an excellent analysis on the constitutionality of the legislation here.
 
ObamaCare was passed with little regard for the constitutionality of its provisions. Although there is a popular move to repeal the bill the more likely dismantling of the law will come through the courts. With Justice Stevens retiring, the President’s Supreme Court nominee takes on a new importance.

Newsflash!: Tea Partiers = Intolerant, because they do not equal Liberal

From the New Mexico Independent, Tea partiers “predisposed to intolerance,” University of Washington study says.

A new study of race and politics released this week by the University of Washington reveals insight into how supporters of the tea party movement—the vast majority of whom are white—view blacks and Hispanics.

I’m wondering if the Left really is as scared of the Tea Partiers as the media paints them out to be. Still, you’ve got to wonder why people-of-color, in the Tea Party movement, are too stupid to see how intolerant the vast majority of whites they mingle with are. Nothing like race baiting.

And seriously, who still falls for the self-defeating tactic of name-calling someone, or group, as “intolerant”?

About That Arizona Immigration Law

PolitiFact does a fact check on this statement from George Will:

"What the Arizona law does is make a state crime out of something that already is a crime, a federal crime," he said. "Now, the Arizona police — and I’ve spent time with the Phoenix Police Department — these are not bad people. These are professionals who are used to making the kind of difficult judgments. Suspicion of intoxicated driving, all kinds of judgments are constantly made by policemen. And I wouldn’t despair altogether their ability to do this in a professional way."

PolitiFact went to legal scholars and found out that, indeed, this is the case.

The legal scholars we spoke with told us to take a close look at two key sections of Title 8 of the U.S. Code. Section 1304e requires that "every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him." Those who fail to comply will be guilty of a misdemeanor and will be fined $100 and can be imprisoned up to 30 days.

Section 1306a says that, "Any alien required to apply for registration and to be fingerprinted in the United States who willfully fails or refuses to make such application or to be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000 or be imprisoned not more than six months, or both."

Indeed, section 3 of the new Arizona law makes it a state crime if immigrants are in violation of either of those codes.

So, when it comes to that section of the law — arguably the "meat" of the new law — "it’s very clear that in this respect, George Will is right," said Paul Bender, a law professor at Arizona State University.

They ding Mr. Will on some misdemeanors that are also included in the Arizona bill, but overall, Will is correct.  And yet many liberals are overreacting and protesting or boycotting Arizona in response.  Some uninformed individuals are even boycotting New York over this.  Jim Wallis and the Sojourners are, unfortunately yet predictably, against this measure that simply allows Arizona to enforce the law that the feds won’t. 

2 words:  Knee.  Jerk. 

NARAL Chief: “They Are So Young!”

According to LifeSiteNews, NARAL president Nancy Keenan has grudgingly admitted what many in the pro-life movement have seen: young women are flocking to the defense of the unborn (Hat tip: James Taranto):
 

The pro-life movement in America is growing in leaps and bounds, attracting young, zealous women to defend the unborn in droves – a fact that even the president of NARAL has now admitted.

NARAL’s Nancy Keenan told Newsweek last week that she considers herself a member of the “postmenopausal militia” – a phrase that captures the situation of pro-abortion leaders who are aging across the board, including the leadership of Planned Parenthood, and the National Organization for Women. Newsweek’s Sarah Kliff notes that “these leaders will retire in a decade or so.”

Keenan also remarked on the enormity of this year’s March for Life in Washington, D.C., and, according to Newsweek, is troubled that such passion has faded among the youth on her side of the movement.

“I just thought, my gosh, they are so young,” Keenan said about stumbling on this year’s March for Life in Washington. “There are so many of them, and they are so young.”

While March for Life estimates it drew 400,000 pro-lifers to Washington for this year’s March, Planned Parenthood’s “Stop Stupak” rally in December only
drew about 1,300 attendees.

In addition, Newsweek revealed that NARAL’s own research on American youth shows more reason for Keenan to worry: a survey conducted by the group found that, while 51 percent of pro-life voters under 30 considered abortion a “very important” voting issue, only 26 percent of abortion supporters in the same demographic felt similarly.

James Taranto attributes this “enthusiasm gap” among abortion activists to what he terms “the Roe Effect“. In simple terms, the theory is that pro-abortion women are not having babies and therefore are not raising children to carry on their pro-abortion beliefs. While it may still take a while to play out politically, perhaps we are finally starting to see signs that America is becoming a more pro-life nation at last

D.A.R.E Loses Major Battle

No, not that D.A.R.E. I’m talking about Democrats Against Renewable Energy.  The Obama administration has prevailed.

BOSTON, Mass – Secretary of the Interior Ken Salazar today approved the Cape Wind renewable energy project on federal submerged lands in Nantucket Sound, but will require the developer of the $1 billion wind farm to agree to additional binding measures to minimize the potential adverse impacts of construction and operation of the facility.

“After careful consideration of all the concerns expressed during the lengthy review and consultation process and thorough analyses of the many factors involved, I find that the public benefits weigh in favor of approving the Cape Wind project at the Horseshoe Shoal location,” Salazar said in an announcement at the State House in Boston. “With this decision we are beginning a new direction in our Nation’s energy future, ushering in America’s first offshore wind energy facility and opening a new chapter in the history of this region.”

The Cape Wind project would be the first wind farm on the U.S. Outer Continental Shelf, generating enough power to meet 75 percent of the electricity demand for Cape Cod, Martha’s Vineyard and Nantucket Island combined. The project would create several hundred construction jobs and be one of the largest greenhouse gas reduction initiatives in the nation, cutting carbon dioxide emissions from conventional power plants by 700,000 tons annually. That is equivalent to removing 175,000 cars from the road for a year.

This project has been held up for at least 7 years, with liberal luminaries like the late Sen. Ted Kennedy, Robert F. Kennedy, and Walter Cronkite opposing it.  It’s all well and good for us plebeians, but not where it might spoil the view for the well-heeled. 

It’s good of the Obama administration to get this project unstuck, but he has to get his own party on-board with renewable energy in their own backyards, and ensure that delays like this don’t happen again, if he wants to be taken seriously with this whole "green energy" thing.

Just how much money am I allowed to make?

“We’re not, we’re not trying to push financial reform because we begrudge success that’s fairly earned. I mean, I do think at a certain point you’ve made enough money.” – President Obama (HT: HotAir)

I guess telling other people where their paygrades end isn’t above the President’s paygrade.

Things Heard: e116v4

Good morning.

  1. A new Lexus hybrid.
  2. What the word is awaiting with baited breath.
  3. Fables.
  4. Democracy or freedom.
  5. On that three axis political taxonomy.
  6. I’d never even heard of the OSCE.
  7. Excellence.
  8. Who didn’t expect that?
  9. Crime and punishment
  10. Some music for your morning.
  11. Another political taxonomy.
  12. The OPM problem.
  13. Poltics in the East.
  14. On the Arizona immigration law … more here.