In today’s Journal, Professor Blinder enlightens us with some of these gems:
That’s where economics and law collide. Economically, the individual mandate and insurance reforms form an unbreakable pair. Legally, they are separate. So the mandate could be ruled unconstitutional while the insurance reforms are not. After all, there is no question that health insurance is interstate commerce, and no question that the federal government can regulate interstate commerce
Well, if you take a very Wickard v. Filbrun”ian” view of the world there is no question. But insurance companies are legally not permitted to sell insurance across state lines. So the health insurance market is most certainly NOT interstate commerce. But never mind – if a distinguished professor says it, that must be true. We are all scientists here ya know.
So what happens if the justices void the mandate but leave the insurance reforms in place? The answer is: We get incoherence. Which, of course, is why you don’t want judges making economic policy.
Get the fire extinguishers ready! So judicial review of legislative actions is akin to the court making economic policy? Would Blinder rail against the Brown v. Board decision on similar grounds? After all, it dramatically altered the way that education is delivered in this country? The simple fact is that Congress wrote an idiotic 2,200 page law. They could easily have pursued a mandate-like program within the bounds of the already elastic constitution, but they did not. If the judges strike down the law, it does not prevent Congress from rewriting it in accordance with constitutional principles. But I am so sorry that Mr. Blinder finds it inconvenient to have to deal with that pesky piece of paper when it impedes his grand vision. You know, Madison and the guys should have made this whole thing a lot easier, right?
This is another real shame. If we are going to have political decision-making, at least elected politicians should do the deciding. Come to think of it, they already have.
Against the “will” of the majority I would mind you. And come to think of it, if we are going to have political decision-making, at least elected politicians should do the deciding. I agree. So I look forward to Mr. Blinder’s next Op-Ed about the Fed and its independence, about the FDA and the EPA and the FCC and the FTC and all of the other agencies which make rulings, sometimes over huge portions of the economy, without any accountability either. I’ll even help Mr. Blinder write it.
Still more fires to put out, but we must be content with this for now.
>> “After all, there is no question that health insurance is interstate commerce …”
I’m amazed that anyone with an IQ over room temperature, let alone anyone with Blinder’s credentials could make a statement like that.
If my doctor, insurer, and I are all in Rochester, how is that interstate commerce?
Speedmaster, I think professor Blinder puts something in his pipe to sedate himself before he writes his windy pieces. Windy, alternative energy wind farmer Blinder.
Great essay, Mike. One of the good points was about the court review of Brown v Board of Education, a view of the Constitution where there is little argument, in contrast to the Blinder principle that pointy-headed professors can stick their dirty noses into our lives. Last night it was Coyote’s good essay, tonight it is yours.
I suppose I should be kinder to Professor Blinder, but as long as I have read him, which seems forever, not only in the WSJ but elsewhere, he has uttered few clear convincing sentences, ever. He does blah de blah every time, for at least thirty years. After reading his essays carefully, my every reaction has been that I wasted my time and effort, the same as if I had spent two hours listening to a lottery enthusiast explaining his system. I am glad the Journal publishes him, and I am glad he gets paid, and I do not doubt professor Blinder’s sincerity. Those are his ideas. Do we have anything fresher?
[…] / Govt. Blinder Brings the Torch to the Hayfields Senate Passes Bill Requiring Black Boxes in All New […]
179581 864711I believe other web site owners really should take this site as an example , extremely clean and amazing user genial style . 644996
673097 910528Youre so cool! I dont suppose Ive learn something like this before. So good to search out any person with some unique thoughts on this subject. realy thank you for starting this up. this web internet site is 1 thing thats required on the net, someone with a bit of originality. useful job for bringing something new to the internet! 745553
901120 177422IE still is the marketplace leader and a huge portion of other people will leave out your excellent writing due to this problem. 324112
693569 304366Really informative post. Your current Web site style is awesome as properly! 855900
514449 789058I like this blog very significantly so a lot great info . 990643
418713 495034I agree with you. I wish I had your blogging style. 398769
alo789in: alo 789 – alo 789
163008 67998Hello! Ive been following your blog for a while now and finally got the courage to go ahead and give you a shout out from Kingwood Texas! Just wanted to mention keep up the good work! 788802
432654 724990Thank you for the very good writeup. It in fact was a amusement account it. Look advanced to far added agreeable from you! However, how could we communicate? 897070
581062 653895I enjoyed reading your pleasant site. I see you offer priceless info. stumbled into this internet site by chance but Im sure glad I clicked on that link. You undoubtedly answered all the questions Ive been dying to answer for some time now. Will definitely come back for far more of this. 809625
160055 150807Fantastic info many thanks sharing and reaching us your subscriber list. 928929
911869 138673thaibaccarat dot com may be the best web site to study casino games : like baccarat, poker, blackjack and roulette casino 613397
469579 287733I view something genuinely special in this site . 415737