On the constitutionality of the individual mandate

Best argument on why the individual mandate is both constitutional and necessary that I've seen thus far. . . .

From David Orentlicher:

The Supreme Court would have to overturn 70 years of case law to side with the attorneys general challenging the health care legislation. To be sure, there is a germ of truth to the argument that the federal government may not require people to buy an insurance policy. If Congress passed a law whose only provision entailed a mandate to purchase a product, and violators of the law were automatically subject to incarceration, constitutional concerns would arise. Imagine a criminal law that required people to buy an American-made automobile to bolster the domestic car industry. But that is not the kind of mandate that Congress passed. Rather, the obligation to purchase insurance, with its financial penalty of $750, falls readily within the commerce clause authority of Congress.

Under the commerce clause, Congress has the power to regulate interstate commerce, and the health care insurance industry clearly satisfies the Supreme Court's understanding of interstate commerce. Further, the new legislation constitutes an important effort to regulate the health care insurance industry. Key elements of the legislation are the provisions that prohibit insurers from denying coverage or raising prices because of a person's "preexisting" medical conditions. Under current industry practices, many people cannot obtain health care coverage because they have heart disease or other medical problems that cause insurers to refuse coverage or charge higher premiums. The new law would prohibit these denials and higher charges so everyone can purchase affordable coverage.

But insurers cannot be asked to eliminate the higher charges unless everyone is required to have insurance. Otherwise, many people would wait until they became sick before buying coverage. In short, the individual mandate is a necessary component of the effort by Congress to protect people from unaffordable health insurance premiums. And under the Constitution, Congress is entitled to "make all laws which shall be necessary" for carrying out its commerce clause and other specified powers. Thus, the court made it clear in the medical marijuana case (Raich v. Gonzales) that Congress may regulate in areas that might not ordinarily fall within the commerce clause power if the policy is part of a broad regulatory program that falls within the commerce clause power.

Homage

Nita, June 2006

Presenting The Fairy Garden Flower Princess

And in connecting the landscape with the quiet of the sky

Middle Patuxent Environmental Protection Area – early October 2008. Title of post adapted from "Lines composed a few miles above Tintern Abbey," William Wordsworth (1798).

something over which: one has rights

Feudalism, by its very nature, gives rise to a hierarchy of rank, to a predominantly static social structure in which every man knows his place, according to whom it is that he owes service. ... In order to preserve existing relationships in perpetuity, rights of succession ... are strictly controlled by various laws, or customs, of entail.

Endorsements

Indeed, no one, we think, has until now doubted that the strength of the present-day movement lies in the awakening of the masses.

My apologies for the absence, such a delay, but back again I am with a reminder

I'm very concerned that he may have anti-American views. That's what the American people are concerned about. That’s why they want to know what his answers are. Two of [his] three mentors are Father Pfleger and Jeremiah Wright. Now, these are very strange, anti-American mentors. Barack Obama has been associating with anti-Americans, by and large─the people who are radical leftists. That's the real question about Barack Obama.

─ Michele Bachmann (R) ─ Minnesota

Imagine










































And thus, in context:

_____________

List of photos (from top to bottom, left to right):

- Katrina, 2005.
- Aftermath, Hiroshima, 1945.
- God bless America, my home sweet home, ca. 1960s.
- McCarthy to Truman, 1950.
- The sweet blossoming of napalm, 1972.
- Hello Baghdad, 2006.
- Ah, sweet land of liberty: Abu Ghraib, 2006.

A message from Ms. Naomi Solomon

From Naomi Solomon

N�38 rue des Martyrs Cocody

Abidjan, Cote d'Ivoire

ATTN: DEAREST ONES OF GOD

I am the above-named person from Kuwait.

I am married to Mr. Anthony Solomon, who worked with Kuwait embassy in Ivory Coast for nine years before he died in the year 2004.

We were married for eleven years without a child.

He died after a brief illness that lasted for only four days.

Before his death we were both born-again Christian.

Since his death I decided not to remarry or get a child outside my matrimonial home, which the Bible is against.

When my late husband was alive he deposited the sum of $2. 5 million (two million five hundred US dollars) in the bank here in Abidjan in suspense account.

Presently, the fund is still with the bank.

Recently, my doctor told me that I have serious sickness, which is cancer problem.

The one that disturbs me most is my stroke sickness.

Having known my condition I decided to donate this fund to a church or individual that will utilize this money the way I am going to instruct herein.

I want a church that will use this fund for orphanages, widows, propagating the word of God, and to endeavour that the house of God is maintained.

The Bible made us to understand that blessed is the hand that giveth.

I took this decision because I don’t have any child that will inherit this money and my husband relatives are not Christians and I don’t want my husband’s efforts to be used by unbelievers.

I don’t want a situation where this money will be used in an ungodly way.

This is why I am taking this decision.

I am not afraid of death—hence I know where I am going.

I know that I am going to be in the bosom of the Lord.

Exodus says that the Lord will fight my case and I shall hold my peace.

I don’t need any telephone communication in this regard because of my health—hence the presence of my husband relatives is around me always I don’t want them to know about this development.

With God all things are possible.

As soon as I receive your reply I shall give you the contact of the bank here in Abidjan.

I want you and the church to always pray for me because the Lord is my shepherd.

My happiness is that I lived a life of a worthy Christian.

Whoever that wants to serve the Lord must serve him in spirit and Truth.

Yours,

Naomi

And in the midst of it they ran1

They used to tell me I was building a dream,
so I followed me
the mob.

When there was earth to plow or guns to bear,
I was right there
on the job.


They used to tell me I was building a dream,
peace and glory ahead.
Why should I be standing in line
just waiting for some bread?

Once I built a railroad. I made it run,
made it race against time.

Once I built a railroad:

Now it's done,
brother,
can you spare a dime.

Once I built a tower to the sun—brick, rivet, and lime.
Once I built a tower.
Now it's done brother can you spare a dime.

Once in khaki suits I'm telling you we looked swell.
Full of that Yankee Doodle Dum—half a million boots through hell.

[And I, the kid with the drum.]

Say, don't you remember, they called me Al?
It was Al all the time.

Why don't you remember? I'm your pal, Buddy,
can you spare a dime?

_________

1 Adapted From Harburg, Y. (1931) Brother, can you spare a dime? Retrieved 24 September 2008 from http://www.library.csi.cuny.edu/dept/history/lavender/cherries.html.

Given her performance or lack thereof

The doomed man sticks to his little whims.

The doomed man wakes up before dawn—the hour for executions.

His need of tradition.

The doomed man likes to complain of his poor memory.

The doomed man is always concealing some fear.

Self-deception is possible for a time, etc.

*
Primarily this is because rulers of the exchange of mankind's goods have failed through their own stubbornness and their own incompetence, have admitted their failure, and have abdicated. Practices of the unscrupulous money changers stand indicted in the court of public opinion, rejected by the hearts and minds of men. True they have tried, but their efforts have been cast in the pattern of an outworn tradition. Faced by failure of credit they have proposed only the lending of more money. Stripped of the lure of profit by which to induce our people to follow their false leadership, they have resorted to exhortations, pleading tearfully for restored confidence....The money changers have fled from their high seats in the temple of our civilization. We may now restore that temple to the ancient truths. The measure of the restoration lies in the extent to which we apply social values more noble than mere monetary profit.

—FDR

All the same, you are interested in change

The constitutional state, in my review, does not exclude the changes being made in the laws when historical development demand them. For example, existing laws protect property. Anyone who possesses more property than anyone else should not have more rights, but the law gives him power. That is why it is always the strong who love the constitutional state. The need to change laws is always primarily the need of the weaker people, not of those who are enabled by the law to rule without apparent force, since their power is a legal one, acquired through property. It is true that conditions here and now are peaceful.

Alarmed?

Good night, I say, good night, good night, good night; again I say good night, good night, good night; and may I wish you a good night, good night, good night?; sleep well, good night, good night, good night; Amen, good night, good night, good night; and for the sake of, good night, good night, good night; thereby wandering nowhere, good night, good night, good night; like my car do you, good night, good night, good night?; or do you think I drive homeward, good night, good night, good night?; an awful semblance, good night, good night, good night; well then so be it, good night, good night, good night; glad to be here, good night, good night, good night; glad to go, good night, good night, good night; my hands to keep from trembling, good night, good night, good night; my face to keep but long, good night, good night, good night; my hands I've got them folded, good night, good night, good night; my voice I'll keep that gone, good night, good night, good night...