Jun. 29, 2012 at 3:01pm with 103 notes
Reblogged from rickwebb
rickwebb: He only limits the ability of our government to compel us out of inaction, via the commerce clause. He does not limit the government’s ability to compel us out of inaction via any other legal and constitutional means at their disposal (conscription, etc), and he does not limit the government’s power to regulate under the commerce clause. It’s pretty narrow, actually, and given the tax loophope he solidified, pretty easily circumnavigable.  I respect your view of the ruling but you betray your own analysis with that last sentence. Roberts’ opinion effectively pushes Congress away from the use of the Commerce Clause to justify efforts to compel the American people, and back to their enumerated powers (taxes). Read Krauthamer’s analysis - it’s less narrow and more impactful than you’re proposing.

rickwebb:

He only limits the ability of our government to compel us out of inaction, via the commerce clause. He does not limit the government’s ability to compel us out of inaction via any other legal and constitutional means at their disposal (conscription, etc), and he does not limit the government’s power to regulate under the commerce clause. It’s pretty narrow, actually, and given the tax loophope he solidified, pretty easily circumnavigable. 

I respect your view of the ruling but you betray your own analysis with that last sentence. Roberts’ opinion effectively pushes Congress away from the use of the Commerce Clause to justify efforts to compel the American people, and back to their enumerated powers (taxes). Read Krauthamer’s analysis - it’s less narrow and more impactful than you’re proposing.

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    Funny, in its own way
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    But the ‘good for republicans’ argument is not made because of the subtleties of the commerce clause decision. The...
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    I respect your view of...you betray your own analysis with that last sentence. Roberts’...
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  12. rickwebb reblogged this from newyorker and added:
    Been seeing this a lot lately - that this is a secret victory for the republicans because it limits the commerce clause....
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