Reading Roberts

M2RB:  The Fray

As he begins to raise his voice
You lower yours and grant him one last choice
Drive until you lose the road
Or break with the ones you've followed
He will do one of two things
He will admit to everything
Or he'll say he's just not the same
And you'll begin to wonder why you came

Where did I go wrong (where did I go wrong), I lost a friend
Somewhere along in the bitterness

Please, please, please, with sugar on top...and chocolate sprinkles...and marshmallows...and pistachios...and Oreo crumbles...and chocolate chunks...and Reese's Pieces...and walnuts...and M&Ms...and chocolate whipped cream...and Irish coffee-flavoured whipped cream...and a cherry...no, make that three cherries!  Please.  I'm literally begging you, Chief Justice Roberts.

"My theory remains that Roberts and Kennedy will balk at overturning the healthcare act, especially just four months from a national referendum on the same question."

- Daniel Fisher, Forbes,  25 June 2012

That is NOT and CANNOT be the issue. Upholding the mandate in any form is the proverbial camel’s nose in the tent. It will set a precedent and, while a potential President Romney and Republican Congress could “disappear” Obamacare, the authority for the Federal government to use the Commerce Clause to regulate economic INactivity and/or activity not economic in nature will remain.

In 1995, the Court struck down the Gun-Free Zones Act of 1990 and created the Lopez Test. Congress can use the Commerce Clause to regulate economic activity, but the Court held that it could not use it to ban guns in school zones. The Feds had argued that a person with a gun on a school campus could freakout people in the neighbourhood, which could freakout people and disrupt commerce in the larger area, which could freakout people and disrupt commerce in the suburb, which could freakout people and disrupt commerce in the city, which could freakout people and disrupt commerce in that area of the state, which could freakout people and disrupt commerce in the state, which could freakout people and disrupt commerce in that region of the country, which could freakout people and disrupt commerce in the country, which could freakout people and disrupt commerce in North America, which could freakout people and disrupt commerce in Europe, which could freakout people and disrupt commerce in the villages of Sabang and Merauke in Indonesia.

In other words, the Feds could regulate anything because, theoretically, it could freakout people and disrupt commerce. A cow fart in Minnesota could affect Gorebull Warming in the Seychelles; thus, we must regulate bovine flatulence!

So, YOU might not mind the precedent of the IM on the books because we are going to have a “national referendum on the same question in four months,” but I am concerned about 40…400…4,000 months from now.

PS: Don’t say: “Well, we can always pass a Constitutional amendment!” I draw your attention to the lack of an amendment banning abortion after the Right’s 4 decades of trying.

"I think my former student, John Roberts, will vote to uphold ObamaCare...Both problems (immigration and healthcare) transcend states’ borders and are too big for the states to solve on their own."

- Laurence Tribe, Harvard Law School

Article I, Section 8:  "The Congress shall have power...To establish a uniform rule of naturalization...To repel invasions..."

OK, so Naturalisation (Immigration) is specifically mentioned, but let me look for anything pertaining to "problems (that) transcend states’ borders and are too big for the states to solve on their own"....hold on...

Article I, Section 10:  No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing it's inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.

No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay."

No, it talks about states' borders, but nothing about "problems (that) transcend states’ borders and are too big for the states to solve on their own"....Oh, well, let's see if it says anything about healthcare or forcing Americans to enter into third-party contracts for the provision/procurement of government-approved goods or services as a condition of good citizenship...just wait....

I didn't want to just go on memory alone or my scanning eyes, so I used a word search.  Nothing about healthcare or the Congress having the ability to use the Commerce Clause as a hook to "solve problems (that) transcend states’ borders and are too big for the states to solve on their own."  Nope.  Nothing there.

Larry, don't you have another book to plagiarise or something?



PS:   I just remembered this:

You will take note of the deafening silence by the Left regarding the FACT that one of the judges on the 11th circuit, Ms Frank Hull (yes, Frank's a woman), that ruled Obamacare was unconstitutional was appointed by none other than that "radical, right-wing Teabagger" ... President William Jefferson Clinton.

How To Save A Life - The Fray

Step one you say we need to talk
He walks you say sit down it's just a talk
He smiles politely back at you
You stare politely right on through
Some sort of window to your right
As he goes left and you stay right
Between the lines of fear and blame
And you begin to wonder why you came

Where did I go wrong, I lost a friend
Somewhere along in the bitterness
And I would have stayed up with you all night
Had I known how to save a life

Let him know that you know best
Cause after all you do know best
Try to slip past his defense
Without granting innocence
Lay down a list of what is wrong
The things you've told him all along
And pray to God he hears you

Where did I go wrong, I lost a friend
Somewhere along in the bitterness
And I would have stayed up with you all night
Had I known how to save a life

As he begins to raise his voice
You lower yours and grant him one last choice
Drive until you lose the road
Or break with the ones you've followed
He will do one of two things
He will admit to everything
Or he'll say he's just not the same
And you'll begin to wonder why you came

Where did I go wrong (where did I go wrong), I lost a friend
Somewhere along in the bitterness
And I would have stayed up (I would of stayed up) with you all night
Had I known how to save a life