Regulating ‘Mental Activity’
February 28 | Posted by mrossol | ObamaCare, SocialismReview & Outlook: Regulating ‘Mental Activity’ – WSJ.com.
I am not making this up. – Randy Meyers.
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Another federal judge ruled last week that ObamaCare is constitutional, and Democrats are saying this makes the score 3-2 for their side. We disagree with the decision, but it’s worth noting the judge’s reasoning because it so neatly illustrates the constitutional stakes.
The distinction between activity and inactivity is “of little significance,” Judge Kessler writes. “It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not ‘acting’ . . . Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin.”
Whoa. In other words, there is no constitutional principle that limits federal coercion. Any decision that doesn’t conform to what the government thinks you should do is an economic decision and therefore everything is subject to regulation. Though she may not have intended it, Judge Kessler has shown that the real debate is between a government of limited and enumerated powers as understood by the Founders, and a government whose reach includes “mental activity.”
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