Judge Roger Vinson's Ruling on Obamacare

This is a very informative ruling and, believe it or not, a very good and easy read.  Not only does the ruling give insight into the new healthcare law and the debate surrounding it, the text sheds some light on how Congress has used the Commerce Clause of the Constitution to expand its power over the last century or so.  It's pretty amazing how, during the New Deal, the government pushed the boundaries of their power and how the Supreme Court stretched the Commerce Clause to allow them to do so. 

With Obamacare Congress is asking that the Commerce Clause be stretched, yet again.  Vinson's decision against the mandate that all individuals buy health insurance hinges on the question of whether  or not Congress has the power to regulate an individual's decision not to act in a certain way.  It's long been accepted that Congress has the power, via the commerce clause, to regulate almost any economic activity.  If something is produced, bought, sold, or moved and it affects, even tangentially, interstate commerce, the Supreme Court has ruled that Congress can regulate it.  With the individual mandate, for the first time, Congress is interpreting it's power as being able to regulate inactivity if it affects interstate commerce.  The government's argument is that an individual's choice not to purchase healthcare affects the healthcare market, and because of that they can regulate that decision. The government can, in essence, make you buy something you don't necessarily want because it deems that purchase beneficial to interstate commerce.  As Judge Vinson points out, this opens up the possibility that Congress could make people do all sorts of things because of their positive impact on the healthcare or other industry.  For example, if they're granted the power they seek, Congress could require Americans to buy and consume broccoli three days a week or exercise for a minimum amount of time or...well you get the picture. 

Such a slippery slope argument is a bit of a logical fallacy and normally I wouldn't buy into it.  However, this is the federal government we're talking about and they do tend to push the boundaries of their power when given a chance-case in point, the, for now, unconstitutional healthcare law.

Well, it's time I head off to the salt mines. 

Enjoy.

http://www.scribd.com/doc/47905274/Vinson-Ruling

How to Start a Train

Mr. Obama has spent a lot of time talking about trains recently which made me think of a train story I've heard.  I’ve actually heard this story told a few different ways. My favorite version was by the late Southron Raconteur, Jerry Clower. It’s his version I’ll try to relate here.  Hopefully I won't make too much of a mess of it.


One day, many years ago, a steam locomotive broke down on the tracks running through the middle of a small Southern town. The train effectively divided the town in half and brought all activity to a standstill. The engineer had tried everything to restart the boiler, but to no avail. The townspeople who had gathered around the engine had begun discussing what to do about the train when one of the older gents in the crowd spoke up.

“What about Old Man Brown? He worked for the railroad for thirty years. Surely he knows how to get the thing running.”

So Mr. Brown was sent for. When he arrived Mr. Brown didn’t say anything; he just walked up to the engine and looked at it. He walked first along one side and then the other, tapping on the plating as he went. He’d occasionally lean over and place his ear against it the engine as he tapped it. He climbed up in the engineer’s compartment and examined the gages, turned levers and pulled chords. After about ten minutes of this he turned to the mayor, pointed to a strong-looking lad and said, “Send that boy to the hardware store for a sledge hammer and a piece of chalk”.

The boy was dispatched and, after a while, returned with the requested items. Mr. Brown took the chalk, walked up to the engine and marked a big X right on the side. He then turned to the boy and said “take that hammer and hit the engine as hard as you can, right where I made that mark”.

The boy walked up to the engine and swung the hammer with as hard as he could, hitting the engine right in the middle of the X. The engine gurgled and sputtered a bit then roared to life. The townspeople cheered, jumping up and down and slapping each other on the back. One woman fainted dead away. The mayor turned and grabbed Mr. Brown’s hand, shaking it vigorously. “Wonderful piece of work, Mr. Brown, how much do we owe you?”

Mr. Brown replied “It’ll be $100.00. Give the boy what swung the hammer a dollar and give me ninety-nine.”

“But Mr. Brown,“ the mayor exclaimed, “the boy really did all the work. He went after the hammer and the chalk and carried them all the way back from the store. Heck, he even provided the blow that brought the engine back to life. Why should we pay him so little and pay you, who didn’t so much as pick up the hammer so much?”

Mr. Brown replied “Pay the boy a dollar for hitting the engine, pay me ninety-nine for knowing where to hit it.”

I may have muddled the story a bit, but the moral should still be clear.

A Couple of Interesting Links

An interesting little essay:
http://www.econlib.org/library/Essays/rdPncl1.html

A very educational website:
http://www.iep.utm.edu/category/s-l-m/logic/

Back to the Island

A couple of years ago I started writing a little story about an island community somewhere in the South Pacific.  I initially had great plans for this odd little society, but got sidetracked by another project after only two posts.  Recently one of the two and half people who read the two island posts suggested I add another chapter or two-I think he's hot for Betty. 

Anyway,  I've decided to check in on the island.  So in order that you won't be lost, I suggest you check the archives for April and May 2009 for the opening two chapters of the story.  Or not. 

Now that I think about it, I'm kind of curious myself as to what will happen.