Can we stop pretending the Obamacare decision is in doubt?
It’s a wonderful chance for theater, including requests to put the arguments on teevee for the first time, and there’s a lot of public angst and debate, but I reckon we all know, in our heart of hearts, how it’ll come down. The Court will listen to hours of legalisms, will deliberate long enough to get everybody on the edges of their seats, and then will issue a multipage opinion with multipage dissents attached, all of which will be an attempt to obfuscate the plain conclusion: Of course we can do that! We’re the Government!
If I were privileged to present anything before the Supremes, I would ask them to help me out. Here’s the deal: I would like to do something that isn’t subject to regulation by the Congress and/or the Executive agencies to which the Congress has delegated its powers. Never mind why; think of it as a hobby or an idle entertainment. Here in Texas, there are people who have a lot of fun trying to visit all the County Courthouses — there’s no real point to it, but they find it enjoyable. Same here — I’d just like to check that box on my bucket list.
So, Mr. Roberts, what might that be? Consult your colleagues as necessary. There are some things that can be eliminated a priori. I can’t buy anything, because that’s commerce and under present doctrine all commerce is “Interstate” and subject to regulation. I also can’t refrain from buying anything I don’t want, because that, too, “affects interstate commerce” and is thus subject to regulation. Can I breathe? Well, as far as I can tell I can inhale, but if I exhale I emit carbon dioxide, which the Court has ruled can be regulated (under what pretext I don’t pretend to understand). Anything else? Bueller?
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18 November 2011 at 5:48 pm
Can't hark my cry
Well, I guess a guy can dream, but–ask them to answer a direct question? Not happenin’, fella!
19 November 2011 at 1:46 pm
Frank Neuhaus
Dear Hark,
You have hit upon the key to our survival. The ability to ask direct questions
of our government, both elected and unelected is that key.
During the 08 presidential election the Word Of The Year was? Change! I
thought about that for a bit and decided to ponder what change I would like
to see. The answer to my question was that I would like to see a change in
the relationship between us and the government – – from the lopsided one way street it currently is, to one where we can PUBLICLY ask these people
questions of our choosing.
While this change may appear benign at first glance, it is as radical as it
can get. While I would not advocate that officials be forced to answer,
the mere fact that the questioning is done publicly is more than enough to do
the job. If they were to refuse to answer a legitimate question it could prove
to be more telling than were they to lie!
While not everyone is capable of crafting an All Star question, there are more than enough with the ability to do so to scare the daylights out of those in power. My premise is that you can’t get the right answers unless you ask
the right questions, and asking the right questions is an art unto itself
So, harken to Hark, he has handed us the keys to the kingdom. Good job,
my friend!
The Iconoclast
19 November 2011 at 3:30 pm
Can't hark my cry
Flattered, here, The Iconoclast–but any credit goes to Ric. Indeed, get right down to it. . .I’m the one who said it will not happen (although I was referring only to the courts).