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Is there no limit to Congress’s power? George Will

Discussion in 'Politics, Elections & Legislation' started by mrskeet410, Nov 19, 2011.

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  1. mrskeet410

    mrskeet410 TS Member

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    Shortly before the Supreme Court agreed to rule on the constitutionality of Obamacare’s individual mandate, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit affirmed its constitutionality. Writing for the majority, Judge Laurence H. Silberman, a Reagan appointee, brusquely acknowledged that upholding the mandate means there is no limit to Congress’s powers under the Commerce Clause. Fortunately, Silberman’s stark assertion may strengthen the counterargument. Silberman forces the Supreme Court’s five conservatives to face the sobering implications of affirming the power asserted with the mandate.

    Does Congress’s enumerated power to regulate interstate commerce empower it to compel individuals, as a condition of living in the United States, to engage in a commercial activity? If any activity, or inactivity, can be said to have economic consequences, can it be regulated — or required — by Congress? Can Congress forbid the inactivity of not purchasing a product (health insurance) from a private provider? Silberman says yes:

    “We acknowledge some discomfort with the government’s failure to advance any clear doctrinal principles limiting congressional mandates that any American purchase any product or service in interstate commerce. But to tell the truth, those limits are not apparent to us, either because the power to require the entry into commerce is symmetrical with the power to prohibit or condition commercial behavior, or because we have not yet perceived a qualitative limitation. That difficulty is troubling, but not fatal, not least because we are interpreting the scope of a long-established constitutional power, not recognizing a new constitutional right.”

    Some discomfort about saying limited government is essentially a fiction? Silberman’s distinction between interpreting the scope of a government power and recognizing a right is spurious because rights begin where powers end....


    http://www.washingtonpost.com/opinions/is-there-no-limit-to-congresss-power/2011/11/17/gIQA1REtZN_print.html
     
  2. Brian in Oregon

    Brian in Oregon Well-Known Member

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  3. BigM-Perazzi

    BigM-Perazzi Well-Known Member

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    <p style="text-align:center;"><span style="font-family:Cursive;font-size:48px;font-style:normal;font-weight:bold;text-decoration:blink;text-transform:capitalize;color:FFFF00;background-color:0033FF;">Thank GOD for Nitro......



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  4. BigM-Perazzi

    BigM-Perazzi Well-Known Member

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    <p style="text-align:center;"><span style="font-family:Cursive;font-size:48px;font-style:normal;font-weight:bold;text-decoration:blink;text-transform:capitalize;color:FFFF00;background-color:0033FF;">Thank GOD for Nitro......



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  5. mrskeet410

    mrskeet410 TS Member

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    An alternate link for those unable to get to the Washington Post link.
     
  6. daddiooo

    daddiooo TS Supporters TS Supporters

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    Some folks would have nothing to post if it weren't for "cut & paste"

    Most of this useless crap can be found in wide wide world of spam.....
     
  7. halfmile

    halfmile Well-Known Member

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