Episode 5 of the "Consider This!" podcast is out today and it’s all about a single topic, so I thought I’d post the script here for those who don’t do podcasts. If you do do podcasts, click here for the show notes and ways to subscribe, or just listen, to the show.

I mentioned previously that while the individual mandate was struck down as an exercise of the Commerce Clause, it hung in there as an exercise of the taxing authority of the federal government. That is to say, the way it was sold to the American people, and the way the Obama administration is continuing to try to defend it, is unconstitutional. By being given the authority to regulate commerce, Congress cannot force you to engage in commerce so that they can then regulate it. However, if arranged in a way such that you have to pay a tax if you don’t comply, well then it’s all hunky-dory. So then, when you hear Democrats insist that the mandate is not a tax, as they have been saying, remember that they are therefore arguing that it’s unconstitutional. They’re trying to have their mandate and eat it, too.

The main reason they’re arguing that it’s not a tax — going against a Supreme Court ruling that they are ostensibly in favor of — is because of the legislative ramifications. A tax can be repealed on a bare majority vote, and is not subject to a 60 vote Senate filibuster. This makes it much easier for, say, a President Romney and a Republican House and Senate to repeal. I would have thought that trifecta tough to accomplish this November, but with this ruling, I suspect a fire is going to be lit under many a conservative, and I hope that this translates into votes. I think Democrats, too, see this scenario as more plausible today than it was before the ruling, which is why they’re trying to make this particular hard sell. Billy Mays, the TV pitchman who used to try to sell you so many handy items, would be proud.

If you insist, against the advice of the Supreme Court, that the Commerce Clause should be good enough to implement a mandate, consider this. The intention of the clause itself was a negative power; a preventative, restraining one. It was written so that there was an authority to appeal to when there were trade disputes among the states. It was never intended to be a positive power by the federal government; one that allowed it to act on its own. Those aren’t my words. Those are James Madison’s. But hey, he’s just what some people call The Father of The Constitution. What would he know?

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Tupperware parties are sooo Bush-era. The USDA is now suggesting  you throw a Food Stamp party to let folks know in on the free stuff. (Link is to a PDF file.)

Throw a Great Party. Host social events where people mix and mingle. Make it fun by having activities, games, food, and entertainment, and provide information about SNAP. Putting SNAP information in a game format like BINGO, crossword puzzles, or even a “true/false” quiz is fun and helps get your message across in a memorable way.

The document gives you new and "fresh" ways to tell seniors about the program. Try that at your next get-together.

In the latest episode of my new podcast project, I give my first look at what the Supreme Court’s decision on the Affordable Care Act (aka ObamaCare(tm)) means. If you think there are places where government should just butt out of, you are not going to like what this bill let’s the government do.

A comment on a Facebook question posted by La Shawn Barber gives us a new perspective on how to deal with illegal immigrants.

You know those machines where you take the next number to be waited on? The government has one. It’s costs $19 million. Every year. Really.

And you know all those human interest stories that the media keep running to tell us that we really need ObamaCare? Do they compare to the 130,000 elderly patients in Britain that die every year so that costs can be kept down or beds can be freed up? Yup, 130,000. Every year. Really.

Click here for show notes, and ways to listen to the podcast; through iTunes, another podcatcher, or right on the web page. It’s politics in 10 minutes or less (8 minutes and 40 seconds, this time).

Calling the individual mandate a "tax" (which is something Obama himself expressly said it was not, by the way), the Supreme Court has upheld the core of the Affordable Care Act. There was a small limitation placed on Medicare changes, but overall it survived intact.

First of all, the election in November has come fully in focus because of this. There’s a clear distinction between the candidates now; one wants to keep this, and one wants to repeal it. The final fate of the ACA now falls into the hands of the voters, and there may be a huge backlash.

Secondly, the power of the Congress under the Commerce Clause was (at least) restricted, since the SCOTUS ruled that the way the mandate was written was outside that power. That at least was some silver lining around this cloud. It’s power via taxation, however, has now become absolute, going where I don’t think it’s gone before. There is no limiting principal on what they can do, or, more specifically, what they can make you do. The Constitution was written by guys who knew their history, and how government’s tendency is to grow and take over more and more power. It was written to limit the federal government. But now, that power has had one of its biggest shackles unlocked. As a precedent, it is incredibly dangerous.

And because of this, I want to say to anyone who has ever complained that the government should get out of any area of their lives where it has no business, just remember that now it can direct your every purchase if it so chooses. After it takes out taxes, it can still tell you how to spend the rest. If you supported this bill, then you have opened that door. You can no longer complain about government meddling in anything. You helped give it that power.

Just the higher-profile ones.

The Arizona Immigration Law: The court struck down 3 of the 4 provisions, and upheld the portion that requires police to check the immigratio status of someone they think is here illegally. However…

The court struck down these provisions: requiring all immigrants to obtain or carry immigration registration papers, making it a state criminal offense for an illegal immigrant to seek work or hold a job and allowing police to arrest suspected illegal immigrants without warrants.

Governor Jan Brewer is trying to put the best face on it, by saying:

“Today’s decision by the U.S. Supreme Court is a victory for the rule of law. It is also a victory for the 10th Amendment and all Americans who believe in the inherent right and responsibility of states to defend their citizens,” Gov. Brewer said in a statement. “After more than two years of legal challenges, the heart of SB 1070 can now be implemented in accordance with the U.S. Constitution.”

This, however, isn’t necessarily the end of the road for legal challenges of this particular provision, and the Justices said as much. So the governor is really trying to do damage control.

I understand that we don’t necessarily want 50 different standards on immigration to this country, but the federal government, in picking and choosing what laws it will enforce, forces states to do the job that the people’s representatives said the Fed ought to be doing. Arizona may have overstepped its constitutional authority somewhat, but I expect (I hope) that this will get the people to start electing a federal government that will indeed enforce the laws that are passed.

No automatic life without parole for juveniles: This does not mean that life without parole entirely; only that states cannot impose that penalty automatically for certain crimes. The liberal justices said it was "cruel and unusual", the conservatives ones said, "Neither the text of the Constitution or our precedent prohibits legislatures from requiring that juvenile murderers be sentenced to life without parole." Tough call. Constitutionally, can see both sides, but in practice, it does seem that life for a minor without the possibility of parole is very harsh. But since the ruling does allow it for individual cases, I can get behind it.

Rejects corporate spending limits: This was basically a reaffirmation of the Citizens United case from 2010, but saying that it applies to the states as well. Corporations have interests in how elections go, and should be allowed to contribute to issue-oriented campaigns. Restricting speech, especially political speech, is a slippery slope away from government accountability. Money is a corrupting influence in Washington, no doubt, but that’s mostly what politicians can do with taxpayer money. Political speech, should it be restricted by Washington, could make it more corrupt, since it would then get to decide what others say about them. The solution to bad speech is more good speech, not curtailing all speech.

Coming Thursday, the big ObamaCare ruling. Expect a frenzy around 10am Eastern Time on Thursday.

“I would not have you exchange the gold of individual Christianity for the base metal of Christian Socialism.” – Charles Spurgeon. He had quite a bit to say on economic and political issues of the day, applicable to that day and this.

For those still blaming Bush for our economic situation, Paul Mirengoff reminds us that the housing  market collapse was the main cause of it, and the Bush administration tried to keep it from happening. Democrats would have none of that.

"The New York Police Department, the mayor and the city’s top prosecutors on Monday endorsed a proposal to decriminalize the open possession of small amounts of marijuana…." But the real scourge, Big Gulps, will not be tolerated.

A cautionary tale about hyper-partisanship.

Remember those advertisers that left the Limbaugh show after his remarks about Sandra Fluke? One big one tried to come crawling back, and Limbaugh just said No.

The Obama administration is against voter ID laws, but Michelle Obama herself required IDs to get a book signed. Irony. Meter. Pegging.

Austerity works, when it’s actually implemented. Just ask the European country who’s economy outpaced the average growth in the euro-zone by 500%, and has the only budget surplus there.

Obama actually was a member of a socialist political party while in Chicago. Stanley Kurtz of National Review has the documentation. Where was the mainstream media on this 4 years ago?

In case you heard otherwise, no, the Boy Scouts are not changing their policy on gay scouts and scout leaders.

A restaurant owner can’t refuse to serve people based on their race or gender. It is considered a public business. But how about a photographer? Not just one with a studio open to the public, but one who you would hire to come out and photograph your wedding?

A New Mexico judge now says that they can no longer pick and choose which weddings they will work at.

ALBUQUERQUE, N.M. — A professional photographer who refused to take pictures of a gay couple’s commitment ceremony violated state anti-discrimination laws, the New Mexico Court of Appeals has ruled.

The court on Thursday agreed with a previous ruling, in which a district court judge said the photo studio is considered public, similar to a restaurant or store, and cannot refuse service based on sexual orientation, the Albuquerque Journal reported (http://bit.ly/JSAdE5 ). The photography studio had argued that its refusal was not an act of discrimination but a reflection of the owners’ religious and moral beliefs.

The state (New Mexico here, but all over the country) is trying to freeze out businesses that don’t toe the liberal line. Catholic adoption agencies who have the same religious objection, in many places, now have to either violate their principles or shut down to avoid lawsuits. Now we have photographers who have to do much the same thing. Sensing a trend here?

The Alliance Defense Fund, a Washington, D.C.-based legal alliance of Christian attorneys and others that represented the studio, plans to appeal. Elane Photography argued that it provided discretionary, unique and expressive services that aren’t a public accommodation under the Human Rights Act.

The studio asked hypothetically whether an African-American photographer would be required to photograph a Ku Klux Klan rally.

The court responded: “The Ku Klux Klan is not a protected class. Sexual orientation, however, is protected.”

So, you have human rights only if you’re one of the classes with special rights. Don’t we always hear how homosexuals just want equal rights, not special rights? Watch what they do, however. If you’re a Christian photographer, you can now be targeted, even if there is a photographer right next door who is more accommodating and doesn’t have the same moral qualms. This is fair?

Yeah, haven’t posted in a while. I’ve been working on another side project that may or may not pan out. We’ll see. In the meantime, it’s time to play some catch-up on the wrap-up.

No, I don’t believe Obama was born in Kenya, but he certainly let that image get out years ago, and only recently stopped that. As late as 2004, even the Associated Press was referring to "Kenyan-born" Barack Obama. Laugh all you want at the birthers, but they at least had this sort of thing to back them up (for a while).

The Family Research Council has a count of the number of states that have legislated against same-sex marriage. Depending on how you choose what kind of legislation (law, constitutional amendment, etc.), the number changes, but here’s the biggie. "Number of states which currently (May 2012) grant marriage licenses only for unions of one man and one woman:   44" Remember that when you see polls about what people supposedly think about it.

And don’t try to press Martin Luther King into service to that particular cause. He followed his religion in this regard.

“The Iranian nation is standing for its cause that is the full annihilation of Israel.” Their words.

Civility Watch: "Union Leader Takes Bat to Pinata Depicting Gov. Nikki Haley (R-S.C.)"

Michael J. Fox realizes that stem cells, as good as they are, were never some magic cure-all.

Advances in the war:

A record-low 41 percent now identify themselves as “pro-choice,” down from 47 percent last July and 1 percentage point down from the previous record low of 42 percent, set in May 2009. As recently as 2006, 51 percent of Americans described themselves as “pro-choice.”

And speaking of the war, the actual, physical war on women by Planned Parenthood gets exposed by hidden camera videos. Predictably, the media yawns.

Further, "Congressional Black Caucus Upset By Pro-Life Black Americans". Those tolerant folks.

The Washington Post took 20 years to realize that Dan Quayle’s argument against the TV show Murphy Brown was right. It took Candace Bergen 10 years herself. And of course some of us knew that from the beginning.

And finally, oh, that liberal media.

From CNS News, the gauntlet has been thrown down.

Cardinal Timothy Dolan, the archbishop of New York, and 42 other Catholic dioceses and organizations around the country announced on Monday that they are suing Health and Human Services Secretary Kathleen Sebelius for violating their freedom of religion, which is guaranteed by the First Amendment to the Constitution.

The dioceses and organizations, in different combinations, are filing 12 different lawsuits filed in federal courts around the country.

The suits focus on the regulation that Sebelius announced last August and finalized in January that requires virtually all health-care plans in the United States to cover sterilizations and all Food and Drug Administration-approved contraceptives, including those that can cause abortions.

The Catholic Church teaches that sterilization, artificial contraception and abortion are morally wrong and that Catholics should not be involved in them. Thus, the regulation would require faithful Catholics and Catholic organizations to act against their consciences and violate the teachings of their faith.

Earlier, the U.S. Conference of Catholic Bishops had called the regulation an "unprecedented attack on religious liberty" and asked the Obama administration to rescind it.

“We have tried negotiation with the Administration and legislation with the Congress–and we’ll keep at it–but there’s still no fix," Cardinal Dolan, who is also president of the U.S. Conference of Catholic Bishops said in a statement released by the conference this morning.

Mitt Romney, a real community organizer.

Record-breaking attendance at Canada’s March for Life. Over 19,000 people participated. Support is growing.

Around the world, Obama has become something of a disappointment. He talked a good game, but was a bit short on follow-through.

However, the President has certainly had his share of ‘firsts’ while in office. Doug Ross enumerates 3 dozen of them.

If you personally know thieves that otherwise live their lives with "goodness and holiness", does that mean thieving is, therefore, condoned? This press release from the Episcopal Diocese of Washington, DC seems to suggest that.

RIP OWS. We hardly knew you (and I think you hardly knew yourself).

After being voted down unanimously in the House, Obama’s budget is unanimously voted down in the Senate. One word: Leadership.

An admission that environmentalists sat on their hands during the BP oil spill because Obama was in the White House. Again, for the Left, it’s always political. Principle always gets the back seat.

And finally, what’s next to "evolve"? (Click for a larger version.)