Judge Decides Federal Government Has Authority to Control ‘Mental Activity’

Paging George Orwell!

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. . . . It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not “acting,” especially given the serious economic and health-related consequences to every individual of that choice. Making a choice is an affirmative action, whether one decides to do something or not do something.

Professor William Jacobson reacts:

Our thoughts are now actions. There literally is nothing the federal government cannot regulate provided there is even a hypothetical connection to the economy, even if the connection at most is in the future.

The Commerce Clause has proven voracious enough to swallow the rest of the Constitution. Any scraps left over will be devoured by the Due Process and Equal Protection clauses of the 14th Amendment.

Palin, Newt, Huck and Cain, Oh My!

Rounding up some 2012 news: Both Doug Brady at Conservatives for Palin and Josh Painter at Texas for Palin liked my reaction to “worthless two-faced backstabbing crapweasel” Frank Bailey.

What Bailey has done — trying to cash in with a “tell all” book damaging to his former employer — is a breach of a fundamental principle, best expressed by Elbert Hubbard: “If put to the pinch, an ounce of loyalty is worth a pound of cleverness.”

Think about it: The only thing that makes Bailey’s ax-grinding manuscript newsworthy is the fact that he once worked for Sarah Palin. So what he is selling (or attempting to sell) is the access he gained because of the services for which she paid him, and the trust she placed in him. She actually gave Bailey the password to her e-mail account! And this is how she is repaid? Ed Morrissey nails it:

Maybe someone should work on the title.  “Blind Allegiance”?  His allegiance seems to have been pretty conditional on getting favorable positions in the Palin administration, and when he didn’t get them, the allegiance apparently turned into dislike rather easily.

Of course, anti-Palin trolls (are these people paid to do this?) quickly infested the comments of my post about Bailey, citing this, that and the other thing “revealed” by disclosure of confidential communications.

Question: Why are we always getting these “insider” smears of Sarah Palin but yet we never see any leaked internal e-mails from Team Obama?

Answer: Because Democratic operatives actually believe in their cause, whereas too many GOP operatives are just in it for themselves.

Bailey seems to imagine imagine himself as doing God’s work in backstabbing his former employer. You may search Scripture to your heart’s content and I guarantee you will never find praise for selfish and disloyal servants.

Nor, for that matter, will you find any scriptural blessing for serial adulterers:

Newt Gingrich’s speech at the University of Pennsylvania Tuesday night quickly took a turn for the dramatic when the first student to question him brought up his admitted extra-marital affair and accused him of being “hypocritical” for espousing moral values.
“You adamantly oppose gay rights… but you’ve also been married three times and admitted to having an affair with your current wife while you were still married to your second,” Isabel Friedman, president of the Penn Democrats, said to Gingrich. “As a successful politician who’s considering running for president, who would set the bar for moral conduct and be the voice of the American people, how do you reconcile this hypocritical interpretation of the religious values that you so vigorously defend?” . . .
Gingrich has admitted that he had an affair with a staffer, now his third wife, in the 1990s — the same time he was advocating for the impeachment of Bill Clinton in the wake of the former president’s relationship with Monica Lewinsky. A damning Esquire profile last year shed light on that affair, as well as one he had with his second wife while still married to his first. While the source of Gingrich’s heckling Tuesday night was a Democrat, it nevertheless underscored the trouble many Republicans expect him to face with skeptical religious conservatives in Iowa if he ultimately decides to run for president.

Well, they’re not going to let him forget that, are they?

It has been said that hypocrisy is the tribute that vice pays to virtue, but that doesn’t work too well as a campaign slogan. Jesus forgave the woman caught in adultery, but forgiveness isn’t the same thing as a presidential endorsement.

Republicans almost universally acknowledge Gingrich as one of the great political thinkers in the party and admire his ability to articulate the conservative message. But a Gingrich presidential campaign involves little problems of a strictly biographical nature like that, to say nothing of his Dede Scozzafava problem.

Meanwhile, it looks like our friend Lisa Graas is on the Huckabee bandwagon for 2012, with a combination book review and interview:

In the book, Huckabee offers the pro-life view very eloquently, however he did not explain what legislation he would support on the issue of abortion, so when I spoke to him, I had to ask him about that. I decided that the best way to determine what his position is would be to ask him which sitting Supreme Court Justice he likes the most. He responded, without any hesitation whatsoever, “Scalia.”

You should go read the whole thing, because I like Lisa, even if I don’t like Huck. But you all know who I do like, and our friend Matthew Newman at Old Line Elephant has an interview with Herman Cain:

NEWMAN: Do you believe that never holding elected office will be a hindrance to your campaign?
CAIN: Many reporters and members of the elite political class would like you to believe that attending an Ivy League school or having a lifelong political career is essential to succeeding in public policy and public service. Such a perspective indicates how out of touch they are with the American people. Most Americans cannot identify with lifetime politicians. They can identify with someone who has run several businesses, raised a family, survived cancer and achieved his American Dream.
And besides, all of the people in Washington, D.C. have political experience. How’s that working out, for you?

Go read the rest of that. You’ll also want to read Cain’s column in Investor’s Business Daily:

Being in a leadership position without leading is called position-ship.
And when you truly lead, you will be criticized because working on the right problems, setting the right priorities, surrounding yourself with the right people and developing the right plans will not make everybody happy.

This column was called to my attention by a Cain supporter who pointed out that Sarah Palin promoted it on her Facebook page and her Twitter feed. That prompted me to do some thinking out loud at The American Spectator:

Was the former Alaska governor signaling that she might not run in 2012? Or, perhaps, was her promotion of Cain’s column — praising Wisconsin Gov. Scott Walker’s leadership — a backhand dig at Indiana Gov. Mitch Daniels, who punted in his own showdown with Democrats and unions?

Reading the tea leaves is a favorite game of pundits, and I don’t usually bother with guesswork and predictions. Best to stick with what you actually know, and what I know is that Palin did everything in 2010 that a presidential contender would do in preparation for a 2012 campaign. So she has put herself in position to run, but the decision to run or not . . . wow, that’s tough.

If Palin runs in 2012 and loses, all the naysayers will say, “See? We told you so.” And then she would be finished, unless she’s able to stage one of those long comebacks like Richard Nixon did after losing to JFK in ’60 and getting beat for California governor in ’62. On the other hand, if Palin were to decide against running, the naysayers will say, “Chicken!” So she’s damned if she does and damned if she doesn’t.

And so we are left to ponder this one little tea leaf — Palin pushing Cain’s column — asking, “Does it mean anything?”

Maybe she just saw the column, agreed with it, and wanted to share it, without consideration of Cain’s status as a potential 2012 rival. And it’s no sweat off her nose: She’s the Big Name no one can miss, whereas for many voters, he’s still “Herman Who?”

On the other hand . . . Well, I’m sure you can see what might be on the other hand.

Mutiny

by Smitty

If a group of public servants under the UCMJ were to pull the sort of rolling stunt currently seen in Wisconsin, with support in various other states, no one would hesitate to call it precisely what it is.
Private sector unions are one thing. Trumka is a genius, getting all of those people to give him money to maintain the Blagojevich hair (whined the bald blogger). But public sector workers are an ass of a different color; they are public servants, not public masters.
If public sector workers are looking for sympathy, they can find it in the dictionary between schist and syphilis, to tidy an old family saying. Take your haircut back to what the tax base can afford, and get back to work. If this suits you not, recall that you voluntarily work for the public, and can voluntarily go find yourself a better job based upon your merit.  These teachers, for example, can take their precious butts out there and start a private school, no?  Let the resulting stellar test scores among the students carry their righteous argument.
May fortune smile upon Scott Walker and his efforts.

LIVE AT FIVE – 2.23.11

TOP NEWS
We Told You The Fix Was In: Emanuel Elected Mayor Of Chicago

Ladies and gentlemen, the new mayor of Chicago.

Via Lash3 on Twitter: This —> RT @teh_Dede: RT @im_bonafide: Rahm Emanuel wins Chicago mayoral race with 107% of votes cast.

Obama Pressured To Intervene In Libya
Critics question his silence

Libya Unrest Pushes Oil To 30-Month High
Analysts predict gas at $3.75/gallon by Memorial Day weekend



POLITICS
Governor Walker Refuses To Give In

Wisconsin Governor Scott Walker

“We don’t have any money,” he said in an interview in his Capitol office. “You can’t negotiate in good faith if you don’t have anything to give…For us, negotiating about not balancing the budget is not an option.”


Justice Thomas Marks Fifth Year Of Remaining Silent During Oral Arguments

With Thune Out, Senate Contenders For President Seem Unlikely In 2012

Supremes Weigh Tenth Amendment

Will Boehner Defund Planned Parenthood?



THE ECONOMY, STUPID
Asian Shares Flat As Oil Prices Trim Gains
U.S. Stocks Plummet On Libyan Turmoil
NASDAQ Weighs Own Bid For NYSE
FTC Eyes Apple In-App Purchases By Children
Verizon To Offer Wide Tablet Choices With Xoom Release
Top 4 Publisher Objections To Apple Subscriptions



SPORTS
Issues At UConn Cut Down List Of Programs Without Major Infractions

UConn coach John Calhoun: Suspended

NCAA adds to self-imposed penalties for rules violations in 2008, 2009

Turnovers Doom Illini In 89-70 Rout By Buckeyes

Rookie Patterson Powers Rockets Past Pistons

Setaguchi And The Sharks Stop Wings’ Winning Streak


Dodgers’ Padilla To Undergo MRI On Painful Elbow

Bryce Harper Aims To Make The Nationals Roster Out Of Spring Training



FAMOUS FOR BEING FAMOUS
Alyssa Milano Expecting

Ms. Milano and her proud hubby Dave Bugliari

First child for the lucky couple

How To Survive As A Stay At Home Girlfriend

Miley Cyrus Forces Dad To Cancel “The View” Appearance

“Golden Voice” Ted Williams Scores Reality Show

Ottawa Radio Station Bans Carrie Underwood After Senators Trade Her Husband To Nashville

Tony Parker Just Don’t Care

Chris Brown’s Restraining Order Is Over – He Can Go Near Rihanna Again

Chris Bosh’s Baby Mama Tapped For “Basketball Wives”

Beyonce Does Blackface: Offensive Or Meh?

Britney Makes Six Figures Off Music Video



FOREIGNERS
UN Security Council Condemns Libyan Crackdown
ASEAN Mediates In Cambodian/Thai Border Clash; Indonesian Observers Accepted By Both Sides
David Cameron: History Is Sweeping Through Middle East
31 Convicted, 63 Acquitted In Godhra Train Fire Case
Street Battles Erupt In Abidjan



BLOGS & STUFF
Gateway Pundit: It’s A Fleebagger Festival!
Protein Wisdom: Mitch Daniels Surrenders
Troglopundit: “Is It Really A Coincidence That More Democrats Are Heading For Illinois On The Same Day They’re Holding An Election In Chicago?”
Legal Insurrection: They Soooo Want To Be Like The Egyptian Protesters
Weekly Standard: Secretary Clinton Steps Up To The Plate On Libya – And Whiffs
Jim Manzi: Are Wisconsin Public Employees Underpaid?
Maggie’s Notebook: Walker Tells Absent Legislators To Show Up If They Want Their Pay – Direct Deposit Terminated
Donald Sensing: You Can Kill Him, But You Can’t Circumcise Him
Allahpundit: Harry Reid To Nevada Legislators – Hey, Let’s Make Prostitution Illegal
Confederate Yankee: Daily Show Tortures Camel For “Humor” – Just As Funny As Wisconsin Student Test Scores


— compiled by Wombat-socho

Wretched, Tortured Souls

“I start to ask myself how many people do I sit near at work that have a ticker attached to a stick of dynamite somewhere inside their wretched, tortured soul. One guy I know has a combative ex-wife and a messed up kid who hit puberty and has seemingly taken to questioning why he should bother. Another has a similarly combative ex-wife and a daughter who gets used as a proxy-war battlefield in the aftermath of a failed marriage. They seem like level-headed guys who handle their personnal demons — for now.
“The economy stays bad, America seems to decline and the culture gets more corsened and raw with each passing year of movies and musical acts. . . . The Bell Curve has seemingly been dragged in the wrong direction. What’s average now would have rated disgusting in a better age passed.”

— from “The Poisoning Of The Trees –- An Idiot Creates A Metaphor,” at RedState.com

The Blog Genie Is Out of the Bottle

The guys who run the Memeorandum political news blog aggregator have another aggregator called Mediagazer, which is the source for this comment by Matt Schuler:

At the heart of the New York Times article is the suggestion that Facebook and Twitter are monopolizing the time that used to be dedicated to writing.

When I wrote about the New York Times “Death of Blogging” article yesterday, some of the commenters took an either/or view:

Blogging takes an ability to write and something to write about. Most people who text and pay attention to their Facebook pages have neither.
A blog dies because the blogger has no ability or reason to write. Texting and following a Facebook page is a waste of time. But to those who waste their time texting and visiting Facebook, their time isn’t worth much.

So you see here the idea that people “waste their time texting and visiting Facebook,” an idea I don’t share: What you do on Facebook or any other medium may be important or trivial. The medium does not determine the value or content of the message, but there are certain types of messages best suited to different media.

Many people have argued that blogs are best suited to short-form writing, although I’ve used this site from time to time to write articles of 2,000 or more words. The form and the content are independent of the medium, but if you want to write something longer than 140 characters, Twitter obviously won’t do. However, as I said yesterday, the argument whether Facebook or Twitter or any other medium can somehow “replace” blogs requires us to ask, “What do you mean by ‘blog’?” WordPress developer Matt Mullenweg writes:

Blogging has legs — it’s been growing now for more than a decade, but it’s not a “new thing” anymore. Underneath the data in the article there’s an interesting super-trend that the Times misses: people of all ages are becoming more and more comfortable publishing online. If you’re reading this blog you probably know the thrill of posting and getting feedback is addictive, and once you have a taste of that it’s hard to go back.

That’s just it: The phrase “blog” can mean many things, but at rock bottom it means “instantaneous self-publishing” — without any institutional barriers to publication. In that sense, it doesn’t matter whether you’re using blog software or Facebook or Twitter (I use all three). You can leave a comment here and instantly see it online (unless it gets caught in the moderation queue) and someone can respond to your comment in the same instantaneous way, so that you are having a real-time written dialogue to which anyone can contribute.

Participating in this conversation, however, requires a certain level of skill in reading, writing and thinking. There is no point writing a blog for the semi-literate, but there are lots of semi-literate people on Facebook.

Dan Riehl’s observation that the New York Times was engaged in wishful thinking — they want “blogs to go away so badly, they consistently look for ways to suggest that’s the case” — points toward the self-serving narrative of the traditional media, who wish to regain their lost monopoly on publishing. They are the middlemen who are eliminated by self-publishing technology.

Some of my Catholic friends deride my Protestant faith with the phrase, “Every man his own Pope,” and in the unfettered environment of online communication, every man is his own Pinch Sulzberger. That is to say the reader becomes his own editor, and can choose his own filter for information. You can subscribe to Alyssa Milano’s Twitter feed and get updates like this:

LIBYA: Protesters post videos to substantiate claims http://lat.ms/fX6dvx

Or you can bookmark Bob Belvedere’s The Camp of the Saints and get headlines like this:

A Is A And Treason Is Treason

And you can read this blog as a route to finding all that and more. The idea that people are using Tweets from an actress to stay updated on the latest news is perhaps no stranger than the idea that I, sitting here in my pajamas, can treat Alyssa Milano and Bob Belvedere as equals. Regular blog consumers probably wouldn’t even notice that contrast if I didn’t call it to their attention, because you have become accustomed to reading Charles G. Hill or Dan Collins cited as authorities equal (or superior) to bigtime pundits like Paul Krugman of the New York Times and Eugene Robinson of the Washington Post.

The Decides have lost their authority to decide.

Bloggers undermine the media establishment’s authority, as do all readers who seek out alternative voices online. Not everything about this democratizing influence of New Media technology is good, of course. The same technology that enables Ann Althouse to be a widely-read commentator also enables idiots to make death threats against her.

For good or ill, however, the genie of instantaneous self-publishing is out of the bottle, and nothing the New York Times writes about this phenomenon can put the blog genie back into the bottle.


Mitch Daniels Boomlet Ends

He just threw Scott Walker under the bus:

Democrats went into a behind-closed-doors meeting Monday, refusing to return to the floor. Today, sources told The Indianapolis Star that Democrat lawmakers have left the state.
Daniels, a Republican, supported their right to deny Republicans a quorum to do business and the rights of labor unions to protest at the Statehouse.
“The activities of today are perfectly legitimate part of the process,” he said. “Even the smallest minority, and that’s what we’ve heard from in the last couple days, has every right to express the strength of its views and I salute those who did.”

The Underground Conservative was never on the Daniels 2012 bandwagon, but he’s sure as hell off it now:

Daniels took another step toward revealing himself as a Not Ready For Prime Time Player today when he told Indiana House Republicans to drop the Right-to-Work bill . . .

If you don’t support the right to work without interference from union goons, you’re not conservative:

Gov. Mitch Daniels signaled this afternoon that Republicans should drop the right-to-work bill that has brought the Indiana House to a standstill for two days and imperiled other measures.
Daniels told reporters this afternoon that he expects House Democrats will return to work if the bill dies. It would be unfortunate if other bills are caught up in the turmoil, he said.

One of Daniels’ pundit fans, Jim Geraghty now says he’s “extremely disappointed.”

UPDATE: “Alternate headline: ‘Apparently, Mitch Daniels not running for president.’”

Philip Klein bids for the Understatement of the Year Award: “In another move unlikely to endear him to conservative primary voters should he decide to seek the presidency . . .”

UPDATE II: Michelle Malkin: “Unfortunately, GOP Gov. Mitch Daniels has gone and made himself an honorary fleebagger.”

Hey, you know who benefits from this?