What Constitutional Limits?

February 27, 2011

Since deciding not to do something is making a choice with economic repercussions, the government has the authority to regulate it.
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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.”

http://online.wsj.com/article/SB10001424052748703408604576164623704291908.html?mod=googlenews_wsj

 

 

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