SCOTUS Dissent.

SCOTUS writings with which I agree (decision found here):

Dissenting:

“that abstention from commerce—is not ‘Commerce.’ To be sure, purchasing insurance is ”Commerce”; but one does not regulate commerce that does not exist by compelling its existence.”

(Regulate) can mean to direct the manner of something but not to direct that something come into being.”

“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.'”

“It is true enough that everyone consumes ‘health care,’ if the term is taken to include the purchase of a bottle of aspirin.”

“(the Individual Mandatet)  gives such an expansive meaning to the Commerce Clause that all private conduct (including failure to act) becomes subject to federal control, effectively destroying the Constitution’s division of governmental powers.”

FAVORITE PARAGRAPH: 

“Of course, one day the failure of some of the public to purchase American cars may endanger the existence of domestic automobile manufacturers; or the failure of some to eat broccoli may be found to deprive them of a newly discovered cancerfighting chemical which only that food contains, producing health-care costs that are a burden on the rest of us—in which case, under the theory of JUSTICE GINSBURG’s dissent, moving against those inactivities will also come within the Federal Government’s unenumerated problemsolving powers.”

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