Dedicated to unapologetically exposing and eradicating the disease of American Progressivism and advocating a return to original Constitutional principles.



31 January 2011

Homelessness: Solved with Individual Mandate

 The author has been somewhat dormant recently and this blog is about to be killed off... and replaced with a much better site at its own domain... stay tuned...

It has been widely reported that Senior US District Judge Roger Vinson, of the Northern District of Florida, has found the Patient Protection and Affordable Care Act (PPACA, "Obamacare") of 2010 to be wholly unconstitutional [1].  In the ruling [2], Judge Vinson cited Madison, Jefferson, and others in support of his conclusion that the Congress had overstepped its Constitutional constraints by mandating the purchase of a private product.  Congress has no such power.

In a rebuff that makes this author crack a smile, Judge Vinson theorized that under the Obama Administration's current understanding of Congressional authority, the Congress could mandate that every citizen be required to eat broccoli [3].  On a less humorous note, it appears that Michelle Obama may already be thinking in that direction [4] [5].  Nevertheless, Judge Vinson is absolutely correct - the Congress cannot simply legislate however it pleases on any issue under the sun.  Congress has the authority to act solely within the enumerated powers of Article 1 Section 8.  If the Congress asserts its role in regulating interstate commerce, it is free to do so, in so far as it is commerce that is being regulated.  The Congress has no general power to legislate, and the regulation of commerce is most accurately understood to mean to standardize the sale of a good or service.  Regulation of commerce cannot be properly understood to entail the regulation of the good for sale, only the transfer of the good.

Judge Vinson went on to say,
I note that in 2008, then-Senator Obama supported a health care reform proposal that did not include an individual mandate because he was at that time strongly opposed to the idea, stating that, ‘If a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house.'
Amen.

I believe we will be adding that provision to the Miniature Drink Umbrellas and Plastic Fake Poop Act of 2011 [6].  A letter is on the way to my Congressman.

This all, of course, comes as a complete and total surprise to the White House, which responded,
There’s something thoroughly odd and unconventional about the analysis,” said a White House official who briefed reporters late Monday afternoon, speaking on the condition of anonymity.
Yes, there is something thoroughly odd and unconventional about the analysis.  Judge Vinson, who may be the first employee of the federal government to have actually read the bill, actually considered what the Constitution has to say about it.  How weird.

In love of liberty,
The Bulletproof Patriot