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The New York Times And The Constitution

The NYT has an editorial about Elena Kagan and the Republicans who oppose her. The thrust of the piece is that they do not understand the Constitution and they are angered that she would not answer the way they wanted with regard to the Commerce Clause. The NYT is convinced that the federal government can do anything it wants under the guise of the Commerce Clause and that it is settled law because of SCOTUS rulings.

So the Republicans, according to the NYT, are supposed to bow down and vote for a person who has a history of ignoring the Constitution and who believes in Socialism just like her buddy Obama.

The problem is, that while the NYT is busy saying that it is OK to do anything under the Commerce Clause including forcing people to buy health insurance, the writer demonstrates that he does not understand the Constitution. The writer’s words show a definite misunderstanding.

The clause was the legal basis for any number of statutes of enormous benefit to society. It is why we have the Clean Air Act. The Clean Water Act. The Endangered Species Act. The Fair Labor Standards Act, setting a minimum wage and limiting child labor. The Civil Rights Act of 1964, outlawing segregation in the workplace and in public accommodations. In cases like these, the Supreme Court has said Congress can regulate activities that have a “substantial effect” on interstate commerce, even if they are not directly business-related. NYT

I will not comment on the enumerated acts because I do not know how Commerce fits in and it is not important to the debate. What is important is the sentence; “In cases like these, the Supreme Court has said Congress can regulate activities that have a “substantial effect” on interstate commerce, even if they are not directly business-related.” [emphasis added]

The SCOTUS has ruled Congress can regulate ACTIVITIES. NOT buying health insurance is NOT an activity. The health care law punishes people for INACTIVITY.

The SCOTUS has never ruled that Congress can regulate INACTIVITY under the Commerce Clause (or any other as far as I know). All of the cited items are reported to be results of the imposition of the Commerce Clause and are stipulated as activities.

Even if one buys the argument that the Commerce Clause is unencumbered and allows politicians to regulate any activity whatsoever, no one can make the case that it allows Congress to regulate INACTIVITY. Never in our history has Congress been able to force people to purchase a product.

What will be next? Will we be required to buy a GM in order to help out that car company and its union employees?

The writer is obviously a “Journolist” Socialist who loves the liberal/progressive agenda and that is all well and good. Everyone is entitled to make mistakes.

But let us not take this editorial as some authority on the Constitution.

The writer went after Republicans for their supposed lack of understanding of the Constitution but the writer demonstrates limited knowledge as well.

Not to mention the NYT seems to ignore the Democrats and their leader and the way they trample the Constitution on a daily basis.

Never surrender, never submit.
Big Dog

Gunline

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