Roberts Bought the Commerce Clause Kool-Aid

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This is from the syllabus of the Obamacare decision:

Construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new and potentially vast domain to congressional authority. Congress already possesses expansive power to regulate what people do. Upholding the Affordable Care Act under the Commerce Clause would give Congress the same license to regulate what people do not do. The Framers knew the difference between doing something and doing nothing.

That’s Chief Justice John Roberts. He bought the activity/inactivity Kool-Aid completely. What’s ironic, of course, is that whatever else you think of the law, the framers of the Constitution very decidedly didn’t know the difference between doing something and doing nothing. At least, they didn’t mention anything about this in the actual Constitution they wrote. That’s a distinction invented in the 21st century, not the 18th.

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PLEASE—BEFORE YOU CLICK AWAY!

“Lying.” “Disgusting.” “Scum.” “Slime.” “Corrupt.” “Enemy of the people.” Donald Trump has always made clear what he thinks of journalists. And it’s plain now that his administration intends to do everything it can to stop journalists from reporting things it doesn’t like—which is most things that are true.

We’ll say it loud and clear: At Mother Jones, no one gets to tell us what to publish or not publish, because no one owns our fiercely independent newsroom. But that also means we need to directly raise the resources it takes to keep our journalism alive. There’s only one way for that to happen, and it’s readers like you stepping up. Please do your part and help us reach our $150,000 membership goal by May 31.

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