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This highlights the
sorry-ass condition our justice system is in. Last week when I
read Federal
Judge George Steeh Rejects
Challenge To Key Elements Of Health Care Law, I immediately and
correctly guessed "Carter or Clinton" (it was Clinton who appointed
him). Yesterday, U.S. District Judge Roger Vinson allowed
challenges in 20 states to go forward. Guessed Reagan or Bush?
Reagan.
The Clinton judge used this reasoning in rejecting the challenge:
- The Commerce Clause allows congress to regulate the
act of not
engaging in economic activity? Arguing that a
person can not guarantee that he or
she won't do something?
The Reagan judge states:
- "In this order, I have not attempted to determine
whether the line between constitutional and extraconstitutional
government has been crossed," Vinson, of the U.S. District Court for
the Northern District of Florida, wrote in his ruling.I am only saying
that ... the plaintiffs have at least stated a plausible claim that the
line has been crossed."
You tell me who the asshat is here. And it's predictable. Democrats have
successfully politicized the federal courts, just as they have most
state courts. I can think of but two remedies. Well, three, but one is unthinkable in the USA.
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If the Commerce Clause means Congress can regulate anything in interstate commerce, then that would mean Congress could regulate the sale and distribution of books, magazines and newspapers.
ReplyDeleteThe Commerce Clause allows congress to regulate the act of not engaging in economic activity?
ReplyDeleteYes. According to Wickard v. Filburn, the Supreme Court (led by FDR friend and liberal Felix Frankfurter) said a farmer growing enough wheat for his own use was influencing interstate commerce by not buying wheat for his own use. If he grew less wheat, he would have to buy wheat from others and that in turn might be from another state. Therefore the Federal Government regulating the amount of wheat a farmer could grow for his own use was Constitutional under the Commerce Clause. The subsequent growth of Federal bureaucracy and intrusion into our daily lives is the result of that decision.
Damn FDR and Frankfurter for caving to FDR.
Lt. Col. Gen. Tailgunner dick
LCGTGdick nailed it.
ReplyDeleteThe Commerce Clause has been so corrupted by the courts and politics that it needs re-defining by a constitutional amendment.
I'll add a similar consideration re: the First.
According to current court thinking, the Post Office probably has the constitutional authority to ban sending Bibles through the US Mail. You know, religion and tax-supported facilities.
Back in the good old days, I made 10 cents an hour more than my friends who worked in gas stations and stores, because the .gov considers radio stations "interstate commerce." I thought that was pretty cool, even though the local AM station I DJ'd at couldn't be heard 20 miles down the road, much less "interstate." Of course, I was young then, and liberal.
ReplyDeleteMichigammeDave