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

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  •  Now I see the source of my confusion. (0+ / 0-)

    And yes, I did even peruse your post.
    Twice.

    And it leaves me, at least with regard to Necessary and Proper, with a big, "Huh?"

    Here's why:

    I can't determine what it is that necessary and proper actually brings anything to the mix.

    Why, exactly, is the mandate necessary and proper?

    The justification for the mandate is that it's a buyback for eliminating pre-existing condition requirements in private insurance policies, but I don't see where that has necessary and proper written on it.

    I keep returning to reduction ad absurdem that suddenly isn't so absurd:

    All of the data says that health costs would go down dramatically if everybody ate their fruits and vegetables, cut down on red meat and got plenty of exercise.

    If Congress decides to enact a law cutting health care premiums, why isn't it necessary and proper for them to pass a bill saying I have to buy and eat my greens?

    LG: You know what? You got spunk. MR: Well, Yes... LG: I hate spunk!

    by dinotrac on Tue Mar 27, 2012 at 07:57:58 AM PDT

    [ Parent ]

    •  You need to rerread it then (1+ / 0-)
      Recommended by:
      Clem Yeobright

      Read Scalia's concurrence in Raich, my excerpt, and see if that helps.

      •  Scalia's argument talks about (0+ / 0-)

        regulating activity as a necessary adjunct to regulating interstate commerce.

        I'll be interested to see where he comes down on this one.

        As it stands, I imagine that my father and more than a few friends are spinning in their graves.

        This act is a travesty.

        LG: You know what? You got spunk. MR: Well, Yes... LG: I hate spunk!

        by dinotrac on Tue Mar 27, 2012 at 08:07:27 AM PDT

        [ Parent ]

        •  Your father was a Bircher? (1+ / 0-)
          Recommended by:
          Clem Yeobright
          •  My father was a fighter pilot who was killed (0+ / 0-)

            in the line of duty.

            There is no need for you to be an asshole.

            LG: You know what? You got spunk. MR: Well, Yes... LG: I hate spunk!

            by dinotrac on Tue Mar 27, 2012 at 08:10:29 AM PDT

            [ Parent ]

            •  ah, but Armando is a well-known (2+ / 0-)
              Recommended by:
              Yastreblyansky, Armando

              and well-loved (by some around here) asshole, needed or not. Doing yeoman service in providing all this background (and education for us non-lawyers) as the Court prepares to make history (or not).

              I for one respect and honor your father's (and your) sacrifice as I do that of all military veterans.

              Invoking his memory does not make you right about the ACA or the legal principles involved.

              The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis. --Dante Alighieri

              by uffdalib on Tue Mar 27, 2012 at 09:10:54 AM PDT

              [ Parent ]

              •  No, it doesn't. (0+ / 0-)

                Just a personal commentary on the stakes.

                BTW --

                I think Justice Kennedy has summed up the argument much better than I ever could:

                "Can you create commerce in order to regulate it?" he asked. "I understand we must presume laws are constitutional" until it is demonstrated otherwise, he told Solicitor General Donald Verrelli, representing the administration. But he said the administration has "a heavy burden of justification."
                ( a tip of the hat to Oliver Knox at The Ticket)

                LG: You know what? You got spunk. MR: Well, Yes... LG: I hate spunk!

                by dinotrac on Tue Mar 27, 2012 at 10:27:28 AM PDT

                [ Parent ]

            •  Keep your father out of this (0+ / 0-)

              and neither of us need discuss him.

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