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View Diary: Supreme Court, Affordable Care Act: Is the mandate constitutional? (372 comments)

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  •  Clarity in an amendment, or more mischief? (3+ / 0-)

    With respect, I don't agree that your formulation "is basically the way things are now." Also, you have to be sure your amendment would pass because failure would set us back several decades. And failure of this is a real possibility. Look at our current map of the US with an awful lot of red territories and the well-funded Far Right noise machine.

    I think ACA is firmly within Congress's constitutional powers, and arguments about governmental power not reaching inactivity and "liberty of contract" are specious. As one law prof was quoted in this morning's NYT, these concepts are a few years old and made out of whole cloth. The biggest danger is that some members of the Court will start deriving theories that can accept ACA but will undermine Congress's commerce power down the road.

    Obama and strong Democratic majorities in 2012!

    by TRPChicago on Tue Mar 27, 2012 at 06:54:13 AM PDT

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    •  Whole cloth (0+ / 0-)

      " these concepts are a few years old and made out of whole cloth."

      Like the right of privacy?

    •  The US govt can currently regulate anything, (0+ / 0-)

      and then make a claim in court when challenged that the commerce is somehow interstate.  Other commenters have cited the cases.  

      That is what I mean by "basically the way things are now".  I find it to be a good thing. The US government should be able to regulate commerce within its borders.  Given what we know about modern economics, there is little to no truly local commerce--- we are not in a closed system, so each of our decisions has knock-on effects that cross state lines, so the question ought to be moot.  From a judicial standpoint it is, but I would like to see a political decision as well, in the form of a constitutional amendment.

      As for potential failure, I refer you to my final sentence: "Once the crazy dies down on the right, it might well pass."  

      You're not stuck in traffic, you are traffic

      by nominalize on Tue Mar 27, 2012 at 07:59:20 AM PDT

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