Category Archives: Law

Certain Economic Decisions Are ‘Constitutionally’ Compulsory

Conspiracy, Healthcare, Law, Regulation

As the late Joe Sobran once quipped, “The U.S. Constitution poses no serious threat to our form of government.” A Clinton-appointed U.S. District Court by the name of Judge George Steeh has ruled that “Congress can require individuals to buy health insurance starting in 2014 as one of the provisions of health care reform legislation enacted in March.” The ‘judge’ went on to dismiss ‘part of the Ann Arbor-based Thomas More Law Center’s federal lawsuit.'”

The nonprofit Christian legal advocacy group filed a lawsuit on behalf of four uninsured Michigan residents who objected to the individual mandate provisions in the Patient Protection and Affordable Care Act as an unconstitutional tax.

According to the Law Center, the court took the extraordinary step of concluding that Congress’ Commerce Clause power does not end at regulating economic activity. Rather, this power can be extended to regulate economic decisions whether made consciously or not. The court stated, ‘While plaintiffs describe the Commerce Clause power as reaching economic activity, the government’s characterization of the Commerce Clause reaching economic decisions is more accurate.'”

Rob Muise, The Law Center’s senior trial counsel who handled the case commented, ‘This decision is ripe for appeal, which we intend to do expeditiously.'”

Certain Economic Decisions Are 'Constitutionally' Compulsory

Conspiracy, Healthcare, Law, Regulation

As the late Joe Sobran once quipped, “The U.S. Constitution poses no serious threat to our form of government.” A Clinton-appointed U.S. District Court by the name of Judge George Steeh has ruled that “Congress can require individuals to buy health insurance starting in 2014 as one of the provisions of health care reform legislation enacted in March.” The ‘judge’ went on to dismiss ‘part of the Ann Arbor-based Thomas More Law Center’s federal lawsuit.'”

The nonprofit Christian legal advocacy group filed a lawsuit on behalf of four uninsured Michigan residents who objected to the individual mandate provisions in the Patient Protection and Affordable Care Act as an unconstitutional tax.

According to the Law Center, the court took the extraordinary step of concluding that Congress’ Commerce Clause power does not end at regulating economic activity. Rather, this power can be extended to regulate economic decisions whether made consciously or not. The court stated, ‘While plaintiffs describe the Commerce Clause power as reaching economic activity, the government’s characterization of the Commerce Clause reaching economic decisions is more accurate.'”

Rob Muise, The Law Center’s senior trial counsel who handled the case commented, ‘This decision is ripe for appeal, which we intend to do expeditiously.'”

Barletta Battles For Sweet Home, Hazleton

Constitution, Federalism, IMMIGRATION, Law, Private Property

Before Governor Janet Brewer of Arizona there was Mayor Lou Barletta of Hazleton, Pennsylvania. Born and bred. In 2007, I wrote about this much-loved local leader, who has legitimately and faithfully represented his constituents—Republican and Democratic—in attempting to salvage a community ravaged by unchecked immigration.

Unwilling to wait for Washington, Mayor Louis Barletta of Hazleton attempted to reclaim his town by passing local ordinances to crack down on those who employ or rent to illegals. Barletta’s Illegal Immigration Relief Act was found to conflict with the unenforced Immigration Reform and Control Act (IRCA) of 1986, and, therefore, to be in violation of the Supremacy Clause of the Constitution. This, even though the Supreme Court itself has conceded that not every ‘state enactment …which deals with aliens is a regulation of immigration.’

Now, the Third Circuit Court of Appeals has adopted the same decision issued in July 2007 by a U.S. District Judge, ruling that “the ordinance violates the supremacy clause of the U.S. Constitution, which precludes states from enacting laws that are at odds with federal law.”

As I said at the time, I am not thrilled that to defend his town a mayor has been forced to circumscribe renting and hiring. Still less am I enamored of the ACLU and the Puerto Rican Legal Defense and Education Fund usurping a beloved Hazleton home boy—in the past, Barletta has won both Republican and Democratic nominations overwhelmingly.

Having become aliens in their hometown, Hazleton residents imagined that the Constitution allowed them a measure of autonomy over how they lived their lives. How wrong they were.

UPDATE III: 2010 Battle For Baghdad

Foreign Policy, Iraq, Law, Military, War

“The futility of establishing the rule of law in a place which has no tradition of it, notwithstanding, even if some color is given to the claim that the surge [has] ‘worked,’ it has to be clear that force is a limited weapon against a cause with unlimited recruits. It can cut back the number of insurgents by killing lots, it cannot eliminate the causes fueling the insurgency—these are, predominantly, the religious animus between Shia and Sunni that dates back to AD 680, and the American occupation. Brute force will temporarily curtail the first, but will only inflame the reaction to the last.”

That is how I summed up a September 14, 2007 column, on the week of the tiresome testimonies of Gen. David Petraeus and Ambassador Ryan Crocker as to the surge-related success in reducing violence in Iraq. During that week, 79 Iraqis were murdered and 38 were wounded.

Tell me if anything has changed, 3 years on. According to the AP, “Days after the U.S. officially ended combat operations and touted Iraq’s ability to defend itself, American troops found themselves battling heavily armed militants assaulting an Iraqi military headquarters in the center of Baghdad on Sunday. The fighting killed 12 people and wounded dozens.

It was the first exchange of fire involving U.S. troops in Baghdad since the Aug. 31 deadline for formally ending the combat mission, and it showed that American troops remaining in the country are still being drawn into the fighting.”

Read MORE.

Of course, now the battle is on for the spoils of occupation. Without one strongman to provide law and order in that blighted and benighted spot, many smaller, less benevolent dictators have been loosed on the long-suffering Iraqis.

UPDATE I: To Mike: Bibi Netanyahu might have waxed fat about the wonders of exporting democracy, but did he adopt this American—previously French-Jacobin—form of oppression? Not on your life. Israel pretty much sticks to defending its threatened borders.

UPDATE II: Mike, Bibi speaks a superb Hebrew too. As a matter of fact, his son recently won Israel’s prestigious National Bible Quiz for Youth. I will be pleasantly surprised if the US has an equivalent competition. You have to be very bright to win this prize. It was always big deal and we all watched it on TV as youngsters. (You’d try and shout out the answers, but could seldom keep up with the talent.)

I think Chelsea Clinton is a hard-working, smart young woman (and pretty refined). But I can’t imagine the Bush, Obama, or McCain brood doing something seriously intellectual; the kind of thing that required unadulterated brain power (a degree in math), rather than feel-goodism (speak up for gay marriage).

UPDATE III: BACK to the topic. From PBS come the stories of Iraqi refugees on the joys of Daisy-Cutter delivered democracy (and yes, neo-creeps, Iraq once had a very viable professional class):

“DR. JALAL AL BAYA, dental surgeon (through translator): I had the largest dental practice in the country. And I had to abandon it when I fled to Jordan. There were lots of threats. And most of the scientists and doctors were targeted, so we had to reach out for a safe haven that was closest. And, for us, that was Jordan.

FRED DE SAM LAZARO: The large family home was destroyed in a car bombing and shelling that ripped through their Baghdad neighborhood. That’s when Al Baya joined an exodus of Iraqi professionals, fleeing threats of kidnapping or just running from the wrong side of a political or religious divide. By some estimates, since 2003, at least 60 percent of Iraq’s doctors have either left or stopped practicing.”

MORE.