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Who: Kimball Corson. Text and Photos not disclaimed or that are obviously not mine are copyright (c) Kimball Corson 2004-2016
Port: Lake Pleasant, AZ
09 April 2018 | Pago Pago, American Samoa
An Informed Atheist Re-Addresses Christianity
10 March 2018 | Pago Pago, American Samoa
A Progressive Reform Program for America
10 March 2018 | Pago Pago, American Samoa
Supply Side and Libertarians Are Wrong and Not Supported by the Data
10 March 2018 | Pago Pago, American Samoa
How Income Inequality Injures People and the Economy
22 August 2017 | Pago Pago, American Samoa
A Democratic Reform Program for America
22 August 2017 | Pago Pago, American Samoa
The Supply Side Libertarians Are Wrong and Not Supported by the Data
22 August 2017 | Pago Pago, American Samoa
The Rise of Economic Ignorance
22 August 2017 | Pago Pago, American Samoa
The Rise of Corporate Dominance and the Rise of Income Inequality (Part VI)
22 August 2017 | Pago Pago, American Samoa
The Rise of Corporate Dominance and the Rise of Income Inequality (Part V)
22 August 2017 | Pago Pago, American Samoa
The Rise of Corporate Dominance and the Rise of Income Inequality (Part IV)
22 August 2017 | Pago Pago, American Samoa
The Rise of Corporate Dominance and the Rise of Income Inequality (Part III)
22 August 2017 | Pago Pago, American Samoa
The Rise of Corporate Dominance and the Rise of Income Inequality (Part II)
22 August 2017 | Pago Pago, American Samoa
The Rise of Corporate Dominance and the Rise of Income Inequality (Part I)
22 August 2017 | Pago Pago, American Samoa
Racial Hatred Is Confused
22 August 2017 | Pago Pago, American Samoa
What To Do About North Korea
22 August 2017 | Pago Pago, American Samoa
On Neoliberalism
22 August 2017 | Pago Pago, American Samoa
Ban Hate Marches and Assemblies
22 August 2017 | Pago Pago, American Samoa
On Miss Piggy and Mr. Pork
22 August 2017 | Pago Pago, American Samoa
The Demise of the Democratic Party
09 August 2017 | Pago Pago, American Samoa
On Elitism

Girl + The Mandate is Not Novel and the ACA is Constitutional

01 April 2012 | Pago Pago, American Samoa
Kimball Corson
The Mandate is Not Novel and the ACA is Constitutional

Everyone seems so alarmed that the mandate makes us buy or sell something and therefore it must be unconstitutional. (To trivialize the issue: Broccoli, anyone?) Not so. I have been asked where previously in the history of the constitution have people been forced to transact business by federal legislation that they didn't want to transact? There are a number of examples, and the parties couldn't get out of it by paying a small fine or tax either.

A Civil Rights Act forced home sales to blacks when whites didn't want to. The Robinson Patman Act forced non-discriminatory buy-sell transactions that would not have occurred otherwise. Other Civil Rights legislation forced women to be hired or promoted where they otherwise would not be. All these examples forced business transactions to occur that otherwise would not have occurred. And, most importantly, there was no getting out of it by paying a small fine or tax as an option.

So what's the big deal here?

The mandated purchase of insurance is directly in interstate commerce and more importantly directly impacts pre-existing health insurance also directly in interstate commerce. It is a form of insurance regulation. People with existing policies are very worried that if the mandate is struck down their insurance rates will rise and their coverage will be narrowed because hospitals will have to charge higher rates to cover those who would then lack insurance and the insurers won't have to accept pre-existing conditions which are not a major problem for them.

The correct constitutional analysis under the law here is as last articulated by Justice Rehnquist in 1995. It goes to the proper standard of constitutional review by the judiciary when the interstate Commerce Clause is involved. Did Congress have a rational basis to believe that the ACA would affect interstate commerce? That is the only question properly before the Court. That is the test for constitutionality when the Commerce Clause is involved. The reason the test is so light is because the Court wishes to defer to Congress where the majority vote of representatives of the people is involved.

As this case has developed, there is entirely too much foolishness and politics involved. The Court is attempting to have its own judgment replace the majority vote of the congressional representatives on ACA. That violates the separation of powers doctrine.
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Vessel Name: Altaira
Vessel Make/Model: A Fair Weather Mariner 39 is a fast (PHRF 132), heavily ballasted (43%), high-aspect (6:1), stiff, comfortable, offshore performance cruiser by Bob Perry that goes to wind well (30 deg w/ good headway) and is also good up and down the Beaufort scale.
Hailing Port: Lake Pleasant, AZ
Crew: Kimball Corson. Text and Photos not disclaimed or that are obviously not mine are copyright (c) Kimball Corson 2004-2016
About:
Kimball Corson: I am a 75 year old solo sailor, by choice. However, I did take on a personable, but high maintenance female kitten, now a full grown cat, named KiKiPoo when she is sweet, or KatKatPo after she has just killed something like a bird or bat. [...]
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Although I was a lawyer and practiced law with good success for thirty years, creating significant new law, I never really believed in the law, the politics of law or in the over reaching self-interest of most lawyers I met. Too much exposure to Nietzsche and other good and seriously thoughtful [...]
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Profile

Who: Kimball Corson. Text and Photos not disclaimed or that are obviously not mine are copyright (c) Kimball Corson 2004-2016
Port: Lake Pleasant, AZ