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View Diary: A dark cloud on this sunny day: Roberts Court embraces Constitution in Exile (152 comments)

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  •  More from Roberts' opinion (6+ / 0-)

    ... constraining the commerce clause by cribbing from Randy Barnett's "activity/inactivity" nonsense:

    Construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new and potentially vast domain to congressional authority. Congress already possesses expansive power to regulate what people do. Upholding the Affordable Care Act under the Commerce Clause would give Congress the same license to regulate what people do not do. The Framers knew the difference between doing something and doing nothing. They gave Congress the power to regulate commerce, not to compel it. Ignoring that distinction would undermine the principle that the Federal Government is a government of limited and enumerated powers. The individual mandate thus cannot be sustained under Congress’s power to “regulate Commerce.”
    That's an open invitation to future attacks on federal legislation, and to frame the attack as "Congress is regulating what we don't do, and not just what we do."

    Please help to fight hunger with a donation to Feeding America.

    by MJB on Thu Jun 28, 2012 at 11:27:12 AM PDT

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