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.

Exceeding the record

Tromped through the Patuxent Woods in Columbia, MD this afternoon at the height of this week's second nor'easter. Something is wrong. Snapshots below:

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

__________________________

All photos from Columbia, MD, 10 February 2010.

From top to bottom:

1 - Sinewy meshwork from the one and only back patio creature me I
2 - Sinewy meshwork from the one and only back patio creature me II
3 - Implications of leaning right
4 - Welcome to Poplar Glen Apartments!
5 - Faux exodus
6 - On behalf of Populus deltoides
7 - 203, uphill, empty inside, and none too amused
8 - Synaptic futility and failure, early phases
9 - In remembrance of the red-shouldered hawk, not appearing here
10 - God damn
11 - In remembrance of the wondrous and mysterious red fox hiding
12 - Closer to dunking
13 - Tell me why, godly, tell me why (and make it stop)
14 - 11650, buttressed equally and righteously on either side I might add
15 - Corridor to Jesus I
16 - Corridor to Jesus II
17 - Most deeply felt indication
18 - This is no longer amusing
19 - 35!
20 - Bend approaching Watch Chain Way and Poplar Glen, pedestrians no more
21 - Tree of yore no doubt, tree of yore
22 - Grim battles ahead
23 - Snow monster, large, and if I may, forlorn

In memory of the Donners

THIS EXTREMELY DANGEROUS STORM IS EXPECTED TO PRODUCE RECORD SNOWFALL. TRAVEL CONDITIONS TONIGHT ACROSS THE REGION WILL BE EXTREMELY HAZARDOUS AND LIFE-THREATENING. HELP YOUR LOCAL AND STATE GOVERNMENT FIRST RESPONDERS AND TRANSPORTATION AGENCIES BY STAYING OFF THE ROADS.

vl: TIME TO CHECK ME OUT SOME HASTINGS PASS...

http://en.wikipedia.org/wiki/Hastings_Cutoff

Snow incredible here. Nearly 1900. Worst yet to come...

Possums

The Daily Show With Jon Stewart	Mon - Thurs 11p / 10c
Blues Clueless
www.thedailyshow.com
Daily Show Full Episodes Political Humor Health Care Crisis

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.

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.

FOR THIS TIME OF GREAT UNCERTAINTY

Get to the essence of mango.

May I say bravo, Johnny Mac, bravo?

And we want this fucker to be our next president: