Obamacare affirmation transforms government from big to monstrous?
Citing research that suggests obesity is responsible for 10 percent of health care costs, or about $147 billion annually, the court warned about Congress‘ temptation to regulate, saying, “Under the government’s theory, Congress could address the diet problem by ordering everyone to buy vegetables.” Michelle, put down that phone.
Even the court, at least at this juncture, decided that would be a bit much: As Justice Antonin Scalia wrote in his dissent, joined by Justices Samuel Anthony Alito Jr., Anthony M. Kennedy and Clarence Thomas: “If Congress can reach out and command even those furthest removed from an interstate market to participate in the market, then the Commerce Clause becomes a font of unlimited power, or in Hamilton’s words, ‘the hideous monster whose devouring jaws … spare neither sex nor age, nor high nor low, nor sacred nor profane.’ “
Justice Roberts‘ take isn’t as colorful, but it does the job: “The Commerce Clause is not a general license to regulate an individual from cradle to grave.”
That’s great, but who needs the commerce clause when you can justify the same thing via Congress‘ power to “lay and collect taxes?”
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