{"id":25375,"date":"2011-06-29T16:37:12","date_gmt":"2011-06-29T20:37:12","guid":{"rendered":"http:\/\/valorguardians.com\/blog\/?p=25375"},"modified":"2011-06-29T17:09:04","modified_gmt":"2011-06-29T21:09:04","slug":"6th-circuit-affirms-lower-courts-decision-to-abridge-your-freedoms","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=25375","title":{"rendered":"6th Circuit affirms lower court’s decision to abridge your freedoms"},"content":{"rendered":"

Now I’m no lawyer, our blog’s regular lawyer is probably rubbing his saddle sores somewhere in Montana at the moment, but this looks like the biggest load of shit ever written by a court in the history of the Constitution. From Ace of Spade<\/a>s who got it from Hot Air<\/a> (see how I did that Hot Air?);<\/p>\n

Congress had a rational basis for concluding that, in the aggregate, the practice of self-insuring for the cost of health care substantially affects interstate commerce. Furthermore, Congress had a rational basis for concluding that the minimum coverage provision is essential to the Affordable Care Act\u2019s larger reforms to the national markets in health care delivery and health insurance. Finally, the provision regulates active participation in the health care market, and in any case, the Constitution imposes no categorical bar on regulating inactivity. Thus, the minimum coverage provision is a valid exercise of Congress\u2019s authority under the Commerce Clause, and the decision of the district court is AFFIRMED.<\/p><\/blockquote>\n

If you can’t tell, they’re upholding Obamacare based on the part of the Constitution that says that Congress has the power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” (Article I, Section 8, Clause 3). As Ace points out, based on this decision, everything else in the Constitution is just so much mumbling, because the “commerce clause” trumps it all. <\/p>\n

The Ninth Amendment? “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Well, since “the Constitution imposes no categorical bar on regulating inactivity”, the commerce clause negates any rights you thought you had – like buying health insurance when you choose to buy health insurance.<\/p>\n

The 10th Amendment? “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” What’s that? Just so much blather when confronted by the commerce clause.<\/p>\n

The part that really burns me up (that’s my grandfather, Oscar, coming through); Congress had a rational basis for concluding that, in the aggregate, the practice of self-insuring for the cost of health care substantially affects interstate commerce. Just because the Congress has a “rational basis” for thinking that forcing everyone to buy health insurance will make it universally cheaper, they have the power to do it. If everyone was forced to buy 10mm ammo, mine would be cheaper, too. If everyone was forced to buy a new car every year, cars would be cheaper. Does that make it right? Well, the court seems to be saying that it is right. <\/p>\n

Is this what passes for wisdom these days? Of course, this won’t be the last word, but this word is bad enough.<\/p>\n","protected":false},"excerpt":{"rendered":"

Now I’m no lawyer, our blog’s regular lawyer is probably rubbing his saddle sores somewhere in … 6th Circuit affirms lower court’s decision to abridge your freedoms<\/span>Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[46,15],"tags":[],"class_list":["post-25375","post","type-post","status-publish","format-standard","hentry","category-barack-obama","category-legal"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/25375","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=25375"}],"version-history":[{"count":0,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/25375\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=25375"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=25375"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=25375"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}