C*******r
发帖数: 10345 | 1 总结：联邦政府可以通过贸易条款管制公众的“思想行为，以就是做决定的行为”。
华尔街日报：
Regulating 'Mental Activity'
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 crux of these cases is whether the government's power to regulate "
Commerce . . . among the several States" is so broad that it can mandate
that everyone buy health insurance. Judge Gladys Kessler of the D.C.
district court says in her 64-page opinion that this power includes
regulating even "mental activity, i.e., decision-making."
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." | T**********1
发帖数: 2406 | 2 We have heard of this and some of us have experienced this, under Communist
rules.
and
so
【在 C*******r 的大作中提到】
: 总结：联邦政府可以通过贸易条款管制公众的“思想行为，以就是做决定的行为”。
: 华尔街日报：
: Regulating 'Mental Activity'
: 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 crux of these cases is whether the government's power to regulate "
: Commerce . . . among the several States" is so broad that it can mandate
: that everyone buy health insurance. Judge Gladys Kessler of the D.C.
|
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