Wednesday, March 28, 2012

Commerce Clause & AFA Pt. 1

Oh, what fun we're having. We as in me. Fun as in reading with glee all the many and nefarious ways that Barack is beating Antoin and Clarence over the head right about now.  Somewhere deep down in my sick twisted sense of humor, I hear Barack say to Clarence, in that exclusively I'mblacknurrblacksoIcangetawaywithit way of saying "[censored], I HAVE GOTCHYO ASS." Because, the Affordable Care Act is constitutional. Unless.  There's that word again. Unless. Thank you, Dr. Suess. It's such a good word and you have reminded me of it yet again.

The AFA is constitutional unless you want to limit the power of the federal government. This is a Republican, conservative court mind you. Limit the power of the federal government is not something conservative courts usually do. Ever. Even progressive, liberal courts don't do it. No 'unless' really needs to apply here. EVER. Not once in the history of US has that happened.

It's like this. There is all this power out here in the land of US. What does not belong to the fed, belongs to the states. Unless. It affects interstate commerce.  Because of that silly little sentence that says US shall have the power to regulate Commerce with foreign nations, and among the several states [do take note of the Oxford comma, it's totally relevant here as we'll see later on], and with the Indian Tribes.  For all this, we have regulation on telephones, what goes through the mail, highways, navigable waters, medicine, food, alcohol, you friggin name it. It's all federal power. Unless it's not. The state has been regulating something (employment contracts for instance) for all of history, but now, the fed wants to it with the Labor Relations Board. STATES' RIGHTS everybody screams. DORMANT COMMERCE CLAUSE the supremes scream right back in a big loud kissmyass voice.  WHA?  The fed always had that power just chose not to use it, in which case the states are free to use it until the fed wants to and then it's the DORMANT COMMERCE CLAUSE that kicks in and sucks all the power away from the states.

For the last forever, states have been regulating health insurance. States have insurance commissioners, and laws and rules and all kinds of charts and arrows and notations and such. Now, with the AFA, the fed has said - it's my power now, suck it states. And the states are suing. They've tried this before. Never won.

Ah, you say. But isn't this just what those asswaffle tea baggers are wanking about? Yes, it is. But, those asswaffle tea baggers are states rights morons and the supreme court does not give one fat rat's ass about them. Nope. When was the last time you heard of a state's rights case being upheld by the supremes? Yeah, right, me either. Good luck with that one. Why? Well, for starters, they aren't asswaffle tea baggers - they are FEDERAL JUDGES.  When payday comes, they are snarfing out of the federal trough, not the states' rights trough. So, not too likely they will rule in favor of taking away power from themselves.

Also, several of them are flag waving greedy ass self appointed sanctimonious holier than thou intellectual aristocrats (aka gasbags). When was the last time you heard of a gasbag voluntarily relinquishing power when his nuts weren't in a literal (not even figurative) vise?  Me either. Letting go of federal power is not a likely scenario.

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