by Randy Barnett
"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
"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."