Sunday, December 12, 2010

Is There A Santa Clause

There might well be, The AG from Virginia has taken the government to court over the constitutionality of Obamacare, specifically weather the government has the authority to require the citizens to purchase something they may or may not want, and the betting is leaning toward 'no'.

Due to the great urgency with which the bill was cobbled together, a key phrase was left out. This one insists that no matter which parts of the bill may be later found unconstitutional, the rest of the thing stands, like a shambling zombie with one or more limbs missing.

An appeal is expected whatever the outcome, and the government will be expected to argue that, in accordance with Wickard v Filburn, since the air the citizens breathe must have passed over another state at some point, the citizens who get sick and seek health care are engaging in interstate commerce and are subject to federal government micromanagement.

My early bet is a 5-4 decision in favor of the citizens.

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