Thursday, March 29, 2012

Breyer's Ramblings...

by: Les Carpenter
Rational Nation USA
Liberty -vs- Tyranny


Associate Justice Stephen Breyer

Associates Justice Breyer's ramblings during oral arguments on ObamaCare, aka; the Affordable Care Act.

I look back into history, and I think if we look back into history we see sometimes Congress can create commerce out of nothing. That's the national bank, which was created out of nothing to create other commerce out of nothing. I look back into history, and I see it seems pretty clear that if there are substantial effects on interstate commerce, Congress can act.

And I look at the person who's growing marijuana in her house, or I look at the farmer who is growing the wheat for home consumption. This seems to have more substantial effects.

Is this commerce? Well, it seems to me more commerce than marijuana. I mean, is it, in fact, a regulation? Well, why not? If creating a bank is, why isn't this?

And then you say, ah, but one thing here out of all those things is different, and that is you're making somebody do something.

I say, hey, can't Congress make people drive faster than 45 -- 40 miles an hour on a road? Didn't they make that man growing his own wheat go into the market and buy other wheat for his -- for his cows? Didn't they make Mrs. -- if she married somebody who had marijuana in her basement, wouldn't she have to go and get rid of it? Affirmative action?

That's the national bank, which was created out of nothing to create other commerce out of nothing.

I say, hey, can't Congress make people drive faster than 45 -- 40 miles an hour on a road?

Didn't they make that man growing his own wheat go into the market and buy other wheat for his -- for his cows?

Didn't they make Mrs. -- if she married somebody who had marijuana in her basement, wouldn't she have to go and get rid of it?

I have given up trying to make sense of Justice Breyer's ramblings. It sounds as though Associate Justice Breyer is ready for retirement from the SCOTUS.

Or, perhaps those with a more liberal mind could help us to understand his ramblings.?

Via: Memeorandum

10 comments:

  1. I listened to the arguments on C-Span, and Breyer is making a fair point. (Not sure what you don't understand there). What he's saying is that through the commerce clause congress "makes us" do all sorts of things. The biggest problem with plaintiffs have to overcome is whether something is really a "mandate," or just a tax incentive/penalty, as argued the other day. Here both Kennedy and Roberts may side with the ACA.

    JMJ

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  2. Not a "crafted" speech, but what he said makes sense to me. If ObamaCare is overturned it will certainly be for partisan reasons only.

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  3. If ObamaCare is overturned, and I am not convinced it will be, it will be as it should be. The individual mandate is in my view unconstitutional. But I am not a Constitutional Scholar or expert in constitutional law. I'm guessing neither of you are either.

    The commerce clause is one of the most over used and abused clauses there is.

    Again IMO.

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  4. "Rational Nation USA" has been included in this weeks Sites To See. I hope this helps to attract even more new visitors here.

    http://asthecrackerheadcrumbles.blogspot.com/2012/03/sites-to-see_30.html

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    Replies
    1. Thanks for the link. Very much appreciated!

      Delete
  5. Um...was this Justice drunk, stoned, or just basically a liberal moron? Such a fine line, really.

    Congrats, RNUSA, on the link love from Jerry!

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  6. He is essentially telling us to shut up and eat our arugula. Whatever government cooks up can be called "commerce," and they can thus regulate it to the nth degree.

    What blows me away is that progressives cheer on this crap. This is not classical liberalism. It is the opposite, yet so-called liberals stand on their little hind legs and cheer on this statism.

    Were it rightwingers moving the levers for their own agenda, you'd hear indignant howls from the left.

    The modern-day American left: unthinking, uncritical, unprincipled and very dangerous. I hope the Supremes knock the whole rotten edifice down. It is a stinking, unconstitutional affront to everything this nation was built upon.

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  7. Were it right wingers moving the levers for their own agenda, you'd hear indignant howls from the left.

    That's true Sf much lie they did with the killing of Innocent civilians in Iraq but it's OK if they are in Pakistan,and now Gitmo is great because they have a soccer field and of course lets' not forget the Patriot act that Bush was warned about Democrats using to their advantage only now they are abusing it but I guess that's OK too.
    3 cheers for Liberalism!

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