The battle in the judiciary against Obamacare is viewed mainly as an effort forestall the imposition of a nationalized health system. But as yesterday’s ruling against the health care purchase mandate portion of the bill makes clear, it’s more than a battle against Obamacare. It’s a fight to prevent an new, unprecedented era of government power over our lives.
The Commerce Clause of the Constitution gives Congress the power to regulate interstate Commerce. The argument against the Obamacare mandate that all must purchase health care is that Congress does not have the power to COMPEL economic activity. To regulate commerce, there must be commerce, and a decision not to buy something IS NOT COMMERCE. It’s an elementary exercise of free choice.
The two judges who decided the case – one appointed by DEMOCRAT Bill Clinton, make clear that this is the road to requiring you to do WHATEVER THE HELL THE GOVERNMENT WANTS YOU TO DO.
The government’s position amounts to an argument that the mere fact of an individual’s existence substantially affects interstate commerce, and therefore Congress may regulate them at every point of their life. This theory affords no limiting principles in which to confine Congress’s enumerated power . . .