We are a commune of inquiring, skeptical, politically centrist, capitalist, anglophile, traditionalist New England Yankee humans, humanoids, and animals with many interests beyond and above politics. Each of us has had a high-school education (or GED), but all had ADD so didn't pay attention very well, especially the dogs. Each one of us does "try my best to be just like I am," and none of us enjoys working for others, including for Maggie, from whom we receive neither a nickel nor a dime. Freedom from nags, cranks, government, do-gooders, control-freaks and idiots is all that we ask for.
Our Recent Essays Behind the Front Page
Wednesday, March 21. 2012
It's about freedom from the power of the state:
The American population, as a whole, is a bit adolescent, isn't it? Welcomes freebies, but doesn't want to be controlled. "Dad, can I borrow your car tonight?" "OK honey, just be back by 11:30." "Dad, stop trying to control me."
That darn commerce clause has already been abused to death. It's time somebody finally closed the door.
Will the left side of the Supremes decide that the Feds are all-powerful over every aspect of our lives, including the most personal? The voters are overwhelmingly opposed to such power.
Display comments as (Linear | Threaded)
If regulating inactivity were a “necessary and proper” means of regulating commerce, they argue, we would expect to see more of it, but in 220 years, Congress has never required individuals to purchase particular goods or services as a condition of being alive.
Just 220 years ago, the Second Militia Act of 1792 required "every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years" to provide himself with "a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder."
Muskets required under the commerce clause? This is a commerce clause case.
The clause we were referring to was "in 220 years, Congress has never required individuals to purchase particular goods or services as a condition of being alive." Another example is education for your children. The difference is that schools are provided for by the government. Perhaps that would be a more acceptable solution, tax then provide healthcare, but the mandate seems less intrusive than government provided healthcare.
"every free able-bodied white male"
Love this line which is a half-truth as men over 45 did not have to comply.
Here is the section of the act in question:
I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act. And it shall at all time hereafter be the duty of every such Captain or Commanding Officer of a company, to enroll every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of 18 years, or being at the age of 18 years, and under the age of 45 years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment, by the proper non-commissioned Officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned Officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.
That leaves out a whole lot of people. Women, people of color, children, and non-able bodied white men. Men over 45.
Furthermore, the expense of a musket and ammo is pretty much a one time expense if it is required for war. Hardly the same thing as exacting tribute from the peasantry for life under 0bamacare.
So it is not the same thing.
Were there massive fines for non-compliance?
"Most American men are unaware that they are in the army, or, as described by the Militia Act of 1903 (popularly known as the Dick Act), the unorganized militia.
The 1903 law legalized the right not to be part of the organized militia, because a 1792 law had mandated that every adult male be part of the militia. The problem was, most men didn't want to be bothered. To deal with this, state governors created two classes of militia; paid (who trained and were armed and organized into units) and unorganized (everyone else.)
Nevertheless, if you are an adult American male between the ages of 17 and 45, you are part of the militia, whether you knew it or not, whether or not you want to be, and whether or not you are armed. Just so you know."
feeblemind: So it is not the same thing.
It is Congress requiring "individuals to purchase particular goods or services as a condition of being alive." The law does exclude children, the old, and slaves, not to mention post and ferry men.
Color me Troll Feeder.
/learned my lesson
//for good, I hope
//may change my handle to dontfeedthetrolls
Which is precisely why the Left is infantilizing Americans via the schools and media, making Americans feel entitled and helpless, dependent on a Government that anticipates and satisfies every need, however puerile and unprecedented.
The American population, as a whole, is a bit adolescent, isn't it?
Sipp said something yesterday over at the Borderline Sociopathic Blog for Boys that explains it all.
Shame we devote 90 percent of our mental horsepower to judging karaoke contests on teevee.
I was gob smacked. As I commented on the post, "that sentence, right there in the here and now, sums up everything I've been thinking about our society for the past five or six years."
And it is so true. That's what we've been reduced to.
I'd be happy to have the individual mandate of the healthcare bill revoked. As soon as emergency rooms are allowed to leave patients without health insurance or ability to pay out on the street to die. Otherwise, we are already paying for the free rider slobs.
A friend of mine, a libertarian i might add, recently ended up in the emergency room with serious congestive heart failure. One month later and $500k bill he is discharged. He doesn't have insurance or any ability to pay. Guess who is paying for the guy? You and me.
The Individual Mandate is a conservative idea - individuals take responsibility for paying for their care. I'd support an "opt out" clause if that very same free individual agrees to die on the street without heath care if he is hit by a bus.
First they made me buy health insurance,
and I didn't speak out because I could afford it.
Then they made me buy life insurance,
and I didn't speak out because I had married and had children.
Then they made me buy a Volt,
and I didn't speak out because I needed a car.
Then they made me buy ....
and I didn't speak out because ....
BillH don't you get it? If you have health insurance, we are ALREADY being forced to pay for the health insurance of others who don't have it in the form of higher premiums. If you have some fricking solution as to how I don't have to pay for free riding slobs, then I am all ears. Get off your Libertarian pipe dream and start providing some solutions.
I am a liberal if you want to classify me as anything and it seems there's a really nasty streak emanating out of those who call out for looking out only for oneself. I want independence but it's quite obvious to me that we have a very broken system and to consider only a person's ability to pay leaves out causes that will fester forever if not faced. For example, private health insurers have had decades to create a more perfect system but instead they have run roughshod over anyone who got in their way of profit. Same with the immigration issue. Instead of pressuring the government to do their job and lay down laws that make sense and that are fair to immigrants and nationals, instead (what name would suit you - conservatives?) come out with the most cruel and miserable solutions like raiding family homes and work places. Can't you think of something a little more 21st century? A little more civilized? And meanwhile the ones with the duty to resolve these matters (ie: politicians) you don't confront to force them to fix the issues you vote in worse ones that are more heavy-handed. Look at the mess both parties have wrought. It's not America anymore. But it doesn't have to continue like this either. Communism was never a match to Capitalism insofar as damaging the ecosystem of Earth, the very thing its natives (ie: you and me) depend upon. There's only one way out of this, we have to start depending on each other again as well as on ourselves.