Judge Hudson points out to the American citizen to the possible overreach the 'Commerce Clause' provides to out-of-control Statists who see no limits to their powers and, if they can, will misuse it to further their ideological agenda. Finally the Commerce Clause becomes the center point of debate...
The days of calling the constitutional challenges to the Affordable Care Act “frivolous” and “political” are now officially over. Judge Hudson’s ruling that the individual insurance mandate is unconstitutional is a milestone in the legal process of deciding whether Congress has the power to command every person in the United States to enter into an economic relationship with a private company.If Interstate Commerce is such an important and necessary role in our lives, then let's allow various States to propose as a Constitutional Amendment it's wording, allow a national debate (and citizen input), and votes. In such an important matter, it's difficult to stand aside and watch the Judicial Branch take the lead and control away from the other Branches.
Until 2010, the only mandates ever imposed on American citizens pertained to their citizenship: register for the draft and serve if called, sit on a jury, file a tax return, respond to the census. In the U.S., one cannot even be commanded to vote.
If economic mandates like this one are allowed, however, Americans will be demoted from citizens to subjects. They will have to obey any commands that Congress deems convenient to its regulation of interstate commerce. No more expensive tax credits and subsidies to raise taxes to pay for; Congress can just command you to buy its favored products. Forget cash for clunkers; just make Americans buy cars from G.M. Or make them undergo medical exams to save on health care costs. Gone will be a federal government of limited and enumerated powers established by the Constitution and repeatedly affirmed by the Supreme Court.
Strike the Commerce Clause, limit the power of Federal Government once and for all. Allow the States to regulate inside their borders. If Liberals - Leftists don't like what a particular State does, they can vote with their feet and get the hell out, move to a State more favorable to their ideology. What, you say California and Illinois, New York and Michigan and New Jersey are nearly flat broke because their Democrat - Leftist controllers are running out of Other People's Monies ? Tough titty.
In the end, the principle of TANSTAAFL applies to all.