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Originally Posted by n david
I'm wondering if I could get one of those nifty internet law degrees in time to file suit after it passes.... 
Mo money, mo money, mo money... |
LOL!
David,
The Commerce Clause “jurisprudence” is a very, very, extremely serious and dangerous matter.
Let me see if I can make some sense of it. First, Congress wants to use this clause to require individuals to purchase a good or a service.
The Senate bill is erroneously saying that the individual responsibility is commercial and economic in nature. That it affects interstate commerce and that the requirement does regulate activity that is commercial and economic in nature, in that, economic and financial decisions are made about when and how health care is paid for and purchased.
So, by relying on option 3 above, they are saying that the activity that Congress is seeking to regulate is an economic activity that affects interstate commerce.
The question of “what class of activity is Congress seeking to regulate?” has to be answered. To rely on category 3, the mandating that you and I purchase health insurance, must be an economic activity that substantially “affects interstate commerce.”
The kicker is that the healthcare mandate is not regulating "activity" but "inactivity". So, Congress is actually saying that they are going to regulate doing nothing at all.
So, they are trying to covert "inactivity" into "activity". The court, in order to uphold some power under this existing doctrine, would have to conclude that an individual's failure to purchase healthcare insurance is an activity that is economic, that is, part of a class of activity that substantially affects interstate commerce.
Never in our history has the commerce power been used in order to require a person who is doing nothing to participate in economic activity. This mandate would be the FIRST time it's been done.
If Congress gets away with regulating and mandating the "class of inactivity", they will then have gained unlimited power. They would have unlimited power to regulate, mandate or prohibit any and ALL activities in the US. If this passes it would abolish any limit on federal power and ultimately alter the fundamental relationship of our national government and it's people.
That's it in a nutshell.
It is so complicated that it seems a loophole will push it through.
Hybrid Mode
