activity, as opposed to mental activity, i.e. decision-making,
there is little judicial guidance on whether the latter falls
within Congress’s power.”
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Thursday, March 3, 2011
Judge Upholds Obamacare: Congress May Regulate "Mental Activity"
“As previous Commerce Clause cases have all involved physical
activity, as opposed to mental activity, i.e. decision-making,
there is little judicial guidance on whether the latter falls
within Congress’s power.”
The question that then becomes central to Judge Kessler’s analysis is whether the Commerce Clause gives Congress the power to regulate the “decision making” or “mental activity” of individual citizens. Judge Kessler concludes that such “decision making” or “mental activity” is economic activity within Congress’ power to regulate.
activity, as opposed to mental activity, i.e. decision-making,
there is little judicial guidance on whether the latter falls
within Congress’s power.”
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