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Comment Re:I hope it's rushed through (Score 1) 2044

It's not really the 10th amendment that is going to govern this issue. This issue will be governed under the commerce clause of the constitution. This means Congress will get to do it. Right now, legal scholars have a great debate going on concerning the commerce clause. The SCOTUS has defined it so broadly that just about anything that Congress wants to do it can in the name of interstate commerce. Healthcare is something that affects commerce across the states. That means Congress has a very broad discretion to meddle into it. This legacy comes down from the reinterpretation of both the general welfare clause and the interstate commerce clause that occurred in the same era as New Deal legislation.

In Modern times, the 10th amendment is (normally) only violated when Congress attempts to commandeer a legislative or other process of the states. An example is the old laws where: Congress provides that each state must arrange for toxic waste disposal of waste generated within its borders. Congress requires the state to "take title" of the waste if it fails to comply and thus become liable for tort damages stemming from it. (New York v. United States) Congress can't compel state legislatures to enforce federal policy under the 10th amendment.

Another example is administrative offices: Congress can not compel a state's sheriff's to perform background checks on applicants for handgun permits. (Printz v. US) Congress can make it illegal and enforce it with federal agencies, but they can not force a state agency to do anything specifically to enforce federal policy.

As for the commerce clause, generally, Congress may enact laws that cover four broad categories:

1. The Channels of interstate commerce: This covers the regulation of highways, waterways, and air traffic.
2. The instrumentalities of commerce: This refers to people and machines (trains and semi trucks) used in carrying out commerce.
3. Articles moving in interstate commerce: The goods themselves crossing state lines etc.

And finally the big catch all that gives them so much power:

4. Anything "substantially affecting" commerce: So long as the activity is "arguably commercial" then it doesn't matter if the particular activity itself directly affects interstate commerce so long as it is part of a general class of activities that, collectively, substantially affect interstate commerce.

Medical insurance falls into category 4. You can't buy insurance over state lines. That means that most "particular instances" of insurance are not interstate commerce. However, taken collectively, insurance has a substantial affect on commerce when you look at it countrywide. Now, you can see all kinds of examples where this will make Congress have an almost unlimited right to legislate. So many things, when taken in the aggregate, fit this definition. Legal scholars are still wondering what exactly can Congress -not- do? Only a few recent cases have put any real limits on it. It's sad, but we are now seriously waiting to not find out if Congress -can- do a thing.... We're asking "is this one of the rare instances where they -can't- do it?"

It's messed up, but that's the current state of constitutional law.

Comment Re:really? (Score 1) 269

I think you are also confused. There is a constitutional right to movement. Read Crandall v. Nevada.. In modern Constitutional law theory this would fall under substantive rights protected under the 5th and 14th amendments. They are rights "implicit in the concept of ordered liberty." For an overview of some of these legal theories see: Palko v. Connecticut. They had their most recent iterations by the court in Roe v. Wade, Planned Parenthood v. Casey, and Raich v. Gonzalez. The right of movement is required in order to allow for free persons to participate in government. You have to be able to get to D.C. sometimes to petition for grievances.. (million man march anyone?). Perhaps before you go about with derogatory terms like "homeslice" and then name a specific freedom that is constitutionally protected by fundamental process and claim it isn't "a constitutional right" you should at least perform a cursory study in the jurisprudence of fundamental due process. However, I have no qualms about the rest of what you said. Criminal Procedure jurisprudence is indeed designed for people under suspicion but not yet proven guilty.

Comment Re:Right to Free/Open Speech (Score 1) 638

The Constitution specifies, among other protected rights, that we cannot be slaves - prohibiting not just the government from owning slaves.

That's actually incorrect. There is an amendment prohibiting a "person" from owning another "person" and we also fought a war over this premise. However, it is elgal for the government to own a person. Just ask any of the many military personnel in the US who were courts martialed and/or received nonjudicial punishment for "willful destruction of government property" when their reckless behavior resulted in an injury. These cases are for as little as getting a severe sunburn from falling asleep on the beach that results in missing work. Is it against the spirit of the constitution? Absolutely.. Is it the current state of the law? Absolutely not. It always amazes me how many people don't realize that the government can own people. I'm just glad no corporation has stretched the rational to try to own a person. The governments argument is that the war and the amendment forbid "people" not the government from ownership.

Feed Science Daily: Researchers Discover Key Mechanism To Emergence Of Deadly Strep Bacteria (sciencedaily.com)

Serious strep infections have risen dramatically in the last three decades, and this increase is largely attributed to the spread around the globe of a single strain of strep known as the invasive M1T1 clone. Researchers at the UCSD School of Medicine and the University of Wollongong in Australia have discovered that, 30 years ago, a virus infected the strep bacteria -- creating a deadly strain of "flesh-eating" bacteria.

Feed Science Daily: Decoding Mushroom's Secrets Could Combat Carbon, Find Better Biofuels & Safe (sciencedaily.com)

Researchers at the University of Warwick are co-ordinating a global effort to sequence the genome of one of the World's most important mushrooms -- Agaricus bisporus. The secrets of its genetic make up could assist the creation of biofuels, support the effort to manage global carbon, and help remove heavy metals from contaminated soils.
Role Playing (Games)

Don't Hold Your Breath For FFXIII 82

IGN is reporting that the next chapter in the Final Fantasy series, Final Fantasy XIII, has barely gotten into the production phase. "According to Sony's press materials, the highly anticipated RPG sequel is now 13% complete. Yes, a low, unlucky completion percentage. But thankfully it's not as low as Final Fantasy Versus XIII, which is listed as 1.3%!" And remember, even if it's completed sometime late next year or early in 2009 folks in the states will probably have a wait while the game is localized.

Feed Engadget: Apple's patent attack: light-up touchpads, iPod booters (engadget.com)

Filed under: Desktops, Displays, Storage


Apple, a funky little start-up based in Cupertino, has recently filed a couple of patents which will have hairs standing on end and eyebrows rising incredulously across the globe. Patent one describes a technology the company is working on called the "illuminated touchpad" -- a kind of input device which could track your movements and provide visual feedback via a lighted surface. The application suggests that the optic effects will be linked to input on the device's facade, and that the display might be capable of glowing, ambiguous color effects, as well as direct and specific reaction to motion. Patent two is something of a historical filing. With the launch of Panther (10.3, for you youngsters), Apple had plans to turn your iPod into a take-anywhere home folder, one which you could simply boot into using whatever OS X box you happened to have around. Clearly it never happened, but the company has re-filed for a variant of that system, so don't be surprised if you see this technology rearing its head again -- of course, who really knows what The Wizard is doing behind the silicon curtain?

[Via AppleInsider]

Read - Illuminated touchpad
Read - Method and apparatus rendering user accounts portable

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Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!


Feed The Register: eBayer mails UK lad £44k (theregister.com)

Got more than the PS2 he was expecting

A 16-year-old Norfolk lad got more than he bargained for when he successfully bid £95 for a PS2 on eBay - the console plus €65,400 (£44k) in cash, the BBC reports.


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