"...I say, hey, can't Congress make people drive faster than 45 -- 40 miles an hour on a road? Didn't they make that man growing his own wheat go into the market and buy other wheat for his -- for his cows?.."
No, that's not what Wickard was all about, dingbat. Not even close.
That's only one of FOUR errors in his yappaflappa cited at the link.
The National Bank was not a 'commerce clause' creation; speed limits are not, either.
One wonders how Breyer finds his way to the office every day.
We thought the same thing when reading Scalia's comments about forcing people to buy broccoli under Obamacare.
Au Contraire. Broccoli fits right in with the Obama admin government nanny philosophy. We are constantly hearing about how obese everyone is and how expensive healthcare is because of that obesity. So if the Feds are giving out those (in the words of Kagan) "boatloads" of money for the proletariat to receive subsidized insurance, it is not a very big step to... "Since we are paying for it, you need to be healthier". I mean it isn't like the Feds and certain blue states aren't already banning transfats and pushing companies to reduce salt in their foods or dictating acceptable brown bag lunches at schools.
Nope - Scalia was spot on with the broccoli.
If the individual mandate is somehow deemed constitutional this is only the beginning of a long list of mandates, "for our own good".
You mean like Social Security or Medicare? Or Medicare part B?
Regardless of the merits of nanny-statism, Social Security and Medicare are possible under the powers of taxation that are granted to Congress.
The mandate is an attempt to mandate under the commerce clause having individuals purchase a specific product from a private company.
So you would be fine with Medicare for all then? Or with a public option?
We weren't discussing merits (or sustainability) but Constitutionality...
But I don't agree with Medicare for all.
I thing insurance is applicable as a catastrophic backstop, not for routine maintenance. That should be out of pocket.
Then have. Safety net for Those in true need. Which is about 15% of the population. Not all.
Apologies for the typos... Friggin iPad. I love Apple, but hate the autocorrect.
If only the gummint mandated you buy a PC instead of an iPad...
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