The Good Side of the Recent Health-Care Decision
Before this decision, if we wanted to pass a Constitutional Amendment against the infinitely-elastic use of the commerce clause, it would have to read:
An alternative amendment might read:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
We REALLY REALLY mean it this time! Honest!
Judges are instructed to use common sense while interpreting the commerce clause.The bad part of that is that it discriminates against those of us without common sense, which might cause science-fiction fans to object. To make matters worse, it will lead to very severe problems with judges who are mistaken in their belief they have common sense.
Now, it just has to say:
The Federal government shall not tax any lack of activity.That might be a little more reliable … until the next lurch by the Supreme Court.
On the other hand, one possible reaction to the above comes from Satan's World by Poul Anderson:
Next funeral I attend, I want you along for doing a buck and wing while you sing Hey nonny nonny.