Originally Posted by spence
My understanding is that the argument against is that if I opt out of insurance, there's no activity to be regulated and the Federal government can't regulate inactivity...i.e. no commerce.
As I've stated above, meanings of words in the Constitution have intentionally been changed to mean other than what the framers meant. To correctly "interpret" the words, a judge should apply the meanings at the time of ratification. And, when, in dictionaries of the time, multiple meanings existed, the context of the Constitutional phrasing and the recorded arguments at ratification and collateral literature such as newspapers, the Federalist Papers, etc. should be consulted. The context within the Constitution and wide usage of articles at the time as well as the Federalist Papers reveal a consistent meaning of "regulate" as used in the Constitution meant something like "to make regular" or "to make well-functioning." Nowhere is there an indication that to regulate, as used in the Constitution, meant to prohibit an activity nor to force activities that would infringe on the sovereign rights of the People. Prohibiting "inactivity" is clearly not a function of "regulate" as used in the Constitution. But, as I say, meanings of words such as "regulate" have been transformed from the narrow definition that was obvious at ratification to convenient "interpretation" that allowed the Federal Gvt. power it was not, clearly, intended to have. FDR's court was the main turning point.
But we all know that the uninsured place a large burden on the entire health care system nationally.
So there's really no such thing as inactivity.
That's not only a non-sequitur, but a contradiction. First, it doesn't follow that because the uninsured, supposedly, place a large burden that there is really no such thing as inactivity. Then to say that something which doesn't exist places a burden, is actually saying that that something DOES exist. Also saying that by not actively participating in the purchase of insurance is not inactivity in such participation means that all inaction is action. This may be true in some absolutist, minimalist philosophy in the same sense that no matter what we do, or don't do, is in some measure, responsible for the condition of the world. That may be true, but we do make verbal distinctions that are necessary for well functioning lives and societies. And if choosing not to participate in an activity means we have actually chosen to participate, we are doing so in a different way toward a different end. That is freedom of choice and association which is not to be abridged by the Federal Gvt.
Perhaps this is simplistic, but I believe is at the core of the Administration's case, at least in respect to the commerce clause. And to me it does make perfect sense.
It makes perfect sense to one who subscribes to current progressive interpretation of "regulate" and "commerce." In researching the meaning of "commerce" at the time, it also was consistently used in the narrow sense of actual trade and barter. Even though dictionaries of the time had other usages of the word, it was not used in the proceedings, writings, etc. of the time in other than the narrow definition. Also the Constitution limits Federal regulation to interstate (among the States) commerce. But, again, under FDR's Court, the definition of Commerce was expanded to mean anything that in the aggregate could somehow affect commerce. And this interpretation was allowed to apply within a State or locality, lifting the interstate requirement. Which is to say, everything we do, or don't do can somehow, no matter how remotely, affect commerce. These interpretations mean that the Federal Gvt. can "regulate" you to do whatever it wishes. Is that, is or is that not, tyrannical? And, if that is what the framers meant, why bother with the rest of the Constitution? The Constitution could have been reduced to one sentence--The Federal Government has the power to regulate.
That's not to say the entire legislation is perfect. I think there are many other measures regarding tort reform and competition that could also help reduce costs.
-spence
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