The Health Insurance Mandate and the Constitution

One of the more controversial provisions of the recently-enacted health insurance reform bill is the mandate for all individuals to purchase health insurance. But as Randy Barnett points out in a op-ed in the Wall Street Journal today, the mandate isn't likely to pass constitutional muster:

The Patient Protection and Affordable Care Act (aka ObamaCare) includes what it calls an "individual responsibility requirement" that all persons buy health insurance from a private company. Congress justified this mandate under its power to regulate commerce among the several states: "The individual responsibility requirement provided for in this section," the law says, ". . . is commercial and economic in nature, and substantially affects interstate commerce, as a result of the effects described in paragraph (2)." Paragraph (2) then begins: "The requirement regulates activity that is commercial and economic in nature: economic and financial decisions about how and when health care is paid for, and when health insurance is purchased."

In this way, the statute speciously tries to convert inactivity into the "activity" of making a "decision." By this reasoning, your "decision" not to take a job, not to sell your house, or not to buy a Chevrolet is an "activity that is commercial and economic in nature" that can be mandated by Congress.

It is true that the Supreme Court has interpreted the Commerce Clause broadly enough to reach wholly intrastate economic "activity" that substantially affects interstate commerce. But the Court has never upheld a requirement that
individuals who are doing nothing must engage in economic activity by entering
into a contractual relationship with a private company. Such a claim of power is
literally unprecedented.

Professor Barnett also co-authored a more detail analysis of the individual mandate found here. He also wrote an excellent analysis on the constitutionality of the legislation here.

ObamaCare was passed with little regard for the constitutionality of its provisions. Although there is a popular move to repeal the bill the more likely dismantling of the law will come through the courts. With Justice Stevens retiring, the President's Supreme Court nominee takes on a new importance.

NARAL Chief: "They Are So Young!"

According to LifeSiteNews, NARAL president Nancy Keenan has grudgingly admitted what many in the pro-life movement have seen: young women are flocking to the defense of the unborn (Hat tip: James Taranto):

The pro-life movement in America is growing in leaps and bounds, attracting young, zealous women to defend the unborn in droves - a fact that even the president of NARAL has now admitted.

NARAL's Nancy Keenan told Newsweek last week that she considers herself a member of the "postmenopausal militia" – a phrase that captures the situation of pro-abortion leaders who are aging across the board, including the leadership of Planned Parenthood, and the National Organization for Women. Newsweek's Sarah Kliff notes that "these leaders will retire in a decade or so."

Keenan also remarked on the enormity of this year's March for Life in Washington, D.C., and, according to Newsweek, is troubled that such passion has faded among the youth on her side of the movement.

"I just thought, my gosh, they are so young," Keenan said about stumbling on this year’s March for Life in Washington. "There are so many of them, and they are so young."

While March for Life estimates it drew 400,000 pro-lifers to Washington for this year's March, Planned Parenthood's "Stop Stupak" rally in December only
drew about 1,300 attendees.

In addition, Newsweek revealed that NARAL's own research on American youth shows more reason for Keenan to worry: a survey conducted by the group found that, while 51 percent of pro-life voters under 30 considered abortion a "very important" voting issue, only 26 percent of abortion supporters in the same demographic felt similarly.

James Taranto attributes this "enthusiasm gap" among abortion activists to what he terms "the Roe Effect". In simple terms, the theory is that pro-abortion women are not having babies and therefore are not raising children to carry on their pro-abortion beliefs. While it may still take a while to play out politically, perhaps we are finally starting to see signs that America is becoming a more pro-life nation at last.

Miracle on Ice

It's been thirty years since the Miracle on Ice and this video still gives me chills to watch:

DVD Review: Emma

My review of Emma has been posted at Blogcritics. Please check it out and let me know what you think. Also, if you've seen the series, I would love to know what you thought of it.

It seems inevitable with any new adaptation of a Jane Austen novel there are comparisons to previous versions. I think this one was as good as the previous version with Gwyneth Paltrow. It doesn't have the same amount of humor but the relationships seem to be better developed due to the fact there was more time taken to tell the story.

DVD Review: Return to Cranford

My review of Return to Cranford is now available at Blogcritics. Be sure to go check it out.

After we finished watching it the first time we then watched the first series and then the second series back to back. The second was very good but still not quite as charming as the first. I think that mostly has to do with the fact that both Michael Gambon and Eileen Atkins had wonderful roles in the first series (but both characters die during the course of the first series) and they really stood out from everyone else.

It really says something to me when my girls (12 and 14) are asking me to watch these series (or whatever other British period drama) we're in the middle of instead of other things.

Jon Miller To Be Honored By Hall Of Fame

Frankly, this honor is long overdue:

Jon Miller grew up doting on some of baseball's legendary broadcasters, and has spent the last 36 years working with -- and on occasion memorably impersonating -- new generations of verbal artists.

Monday, Miller joined the legends of the booth as the 2010 recipient of the Ford C. Frick Award.

Well into his fourth decade behind the mic and currently the vibrant voice of the San Francisco Giants, Miller was announced as the latest honoree of the award presented annually since 1978 in recognition of contributions to baseball broadcasting.

Ford C. Frick Award winners have their own wing in Cooperstown's Hall of Fame, and announcement of Miller's selection by a specially-selected 20-member electorate was made by Jeff Idelson, the president of the Hall of Fame who called the 36-year veteran of local and national broadcasts "one of baseball's most recognizable voices."

Miller is currently play-by-play announcer for the San Francisco Giants as well as the voice of ESPN's Sunday Night Baseball. If Jon Miller is calling the game it doesn't matter as much to me who is playing. I know it will be a great game to listen to knowing he's behind the microphone. Congratulations on this long overdue recognition by the Hall.

Pro-Choice Columnist Calls Out Intolerant Left

Few things have caused as much controversy in recent days as Tim Tebow's upcoming pro-life Super Bowl Ad. Abortion advocates have been critical of Tebow and of CBS' decision to air the spot during the upcoming game.

But the most remarkable thing I've seen yet is this column from Washington Post writer Sally Jenkins. Ms. Jenkins takes the abortion advocates to task for their criticism of the young football star:

I'm pro-choice, and Tebow clearly is not. But based on what I've heard in the past week, I'll take his side against the group-think, elitism and condescension of the "National Organization of Fewer and Fewer Women All The Time." For one thing, Tebow seems smarter than they do.

Tebow's 30-second ad hasn't even run yet, but it already has provoked "The National Organization for Women Who Only Think Like Us" to reveal something
important about themselves: They aren't actually "pro-choice" so much as they are pro-abortion. Pam Tebow has a genuine pro-choice story to tell. She got pregnant in 1987, post-Roe v. Wade, and while on a Christian mission in the Philippines, she contracted a tropical ailment. Doctors advised her the pregnancy could be dangerous, but she exercised her freedom of choice and now, 20-some years later, the outcome of that choice is her beauteous Heisman Trophy winner son, a chaste, proselytizing evangelical.

Pam Tebow and her son feel good enough about that choice to want to tell people about it. Only, NOW says they shouldn't be allowed to. Apparently NOW feels this commercial is an inappropriate message for America to see for 30 seconds, but women in bikinis selling beer is the right one. I would like to meet the genius at NOW who made that decision. On second thought, no, I wouldn't.

There's not enough space in the sports pages for the serious weighing of values that constitutes this debate, but surely everyone in both camps, pro-choice or pro-life, wishes the "need" for abortions wasn't so great. Which is precisely why NOW is so wrong to take aim at Tebow's ad.

Be sure to read the whole thing. Hats off to Ms. Jenkins for calling out the intolerant critics on the Left who wish to demonize the Tebows. Though we may not agree on whether abortion is wrong we can at least agree that we can respectfully disagree with each other.

Friday Fun: Nat King Cole

It was one of his first really big hits and a lot of fun as well. Here he is performing "Straighten Up and Fly Right". Enjoy!

Friday Fun: Hugh Laurie Sings!

I've posted this before but it's worth a repeat because it's just such plain fun. First up, Hugh Laurie (as Bertie Wooster in Jeeves and Wooster), regales us with his rendition of Minnie the Moocher. Then there's this performance from Inside the Actor's Studio on Bravo where he delights the crowd with "Mystery".

Enjoy!

Want to Publish A Book?

Are you a Christian author looking for someone to publish your book? Then read on.

Attention Christian Authors!

Deep River books is currently accepting unsolicited manuscripts from Christian Authors. Unlike vanity publishers, Deep River carefully reviews each manuscript before accepting any author for print. There is also a limited amount of space available for this opportunity to publish your manuscript. Their Partnership Publishing program is used by a wide variety of authors around the world such as Coach Bill McCartney, the Founder of Promise Keepers (and many more). Check it out for yourself and see if Deep River is right for you. You can learn how to submit your manuscript at www.deepriverbooks.com

Taylor the Latte Boy

My girls showed me this video which I thought was just a wonderful bit of fun. Enjoy.

Looking Back on 2009

It's fitting to look back on the year that was 2009 with Dave Barry's annual year in review column. Enjoy.

Christmas Eve 1968

It's a timeless message that was first shared by the crew of Apollo 8 on Christmas Eve 1968:



Merry Christmas to everyone.

Major League Baseball to Ban DH?

I certainly hope it happens. At least this is a step in the right direction.

Homeowners Association Caves: Veteran Allowed to Fly Flag

Follow up on an item I previously noted and a very happy ending. A 90 year old Medal of Honor winner won his battle with his homeowner's association with an assist from both of Virginia U. S. Senators (hat tip: Hot Air):

RICHMOND, Va. — A 90-year-old Medal of Honor recipient can keep his 21-foot flagpole in his front yard after a homeowner's association dropped its request to remove it, a spokesman for Democratic Virginia Sen. Mark Warner said Tuesday.

The Sussex Square homeowners' association likewise has agreed to drop threats to take legal action against retired Army Col. Van T. Barfoot, Warner spokesman Kevin Hall said.

The association had threatened to take Barfoot to court if he failed to remove the pole from his suburban Richmond home by Friday. It had said the pole violated the neighborhood's aesthetic guidelines.

This was a no-win situation for the homeowners' association and they made the right decision. Hats off to Senator Mark Warner and Senator Jim Webb for standing up for Col. Barfoot. The homeowners' association also made the right decision by allowing this American hero to keep his flag.

Remembering Pearl Harbor's Last Hero

The Japanese surprise attack on Pearl Harbor Naval Station on December 7, 1941 marked one of the darkest days in America history and prompted our entry into World War II. Fifteen servicemen were awarded the Congressional Medal of Honor on that day but only five survived the battle. Lt. John William Finn, who turned 100 years old this past summer is the only remaining survivor of those fifteen men. He reportedly was headed to Pearl Harbor today for commemoration ceremonies. Mary Katherine Ham has a wonderful profile of this genuine American hero that is well worth reading.

Ed Morrissey reminds us also of the enduring lesson of Pearl Harbor:

The lesson from that war is that appeasement and complacency doesn’t keep one from having to fight a war. It usually forces one to fight from an extreme disadvantage. That’s a lesson we have not remembered in dealing with expansionist powers in our own time, even after a second shock like 9/11 after years of complacency in dealing with al-Qaeda. We’re falling back to treating radical Islamist terrorism like a Law and Order episode, and allowing one of the main drivers of radical Islamist terror, Iran, to arm itself with nuclear weapons with no consequences whatsoever.

We must never forget Pearl Harbor.

Decorated Veteran Ordered to Remove Flagpole

Click on the video to see the story and prepare to be outraged. 90 year-old Colonel Van D. Barfoot who served in World War II, Korea, and Vietnam and was awarded the Congressional Medal of Honor this week was served with a notice from his homeowner's association to take down his flagpole because it violates the association's bylaws. This is nitpicking by the homeowner's association. I sincerely hope that they realize what a tremendous debt we owe to Colonel Barfoot and millions of others like him who have faithfully served their country. Perhaps his homeowner's association could find a way to exercise some grace and allow him to keep his flagpole.



Hat tip: Townhall

Sportsman of the Year - Derek Jeter

I'm not much of a fan of the New York Yankees but admire their consistency. One of the keys to their success is Derek Jeter who this year garnered Sports Illustrated's Sportsman of the Year award. After reading Tom Verducci's profile of Jeter in this week's magazine, I came away impressed with the man who could easily be called Mr. Yankee. Congratulations to Derek Jeter for an outstanding season and an impressive career so far.

Dispatches from the Heartland

Why is it that people are standing up against government policies? Why have the tea parties taken off in popularity? And why is it that both parties, Democrats and Republicans alike, appear to be disconnected from their constituents? Perhaps it's because politicians don't understand what's going on in Middle America, the heartland where values and principles seem to be far different from those of the urban centers of both coasts. Salena Zito takes a look at one such town and finds an America quite different from what Washington thinks it ought to be. And that's not a bad thing at all.

Why We Celebrate Thanksgiving

As we gather this week with our families to celebrate Thanksgiving, it's helpful to remember why we celebrate. This essay traces the history of this holiday and would be worthwhile to share with your family tomorrow.

Happy Thanksgiving.