You say "regulation," I say "tax." Let's call the whole thing off.

Georgetown Constitutional law professor Randy Barnett discusses the new health care individual mandate: "The insurance mandate in peril."

In this way, the statute speciously tries to convert inactivity into the "activity" of making a "decision." By this reasoning, your "decision" not to take a job, not to sell your house, or not to buy a Chevrolet is an "activity that is commercial and economic in nature" that can be mandated by Congress.

It is true that the Supreme Court has interpreted the Commerce Clause broadly enough to reach wholly intrastate economic "activity" that substantially affects interstate commerce. But the Court has never upheld a requirement that individuals who are doing nothing must engage in economic activity by entering into a contractual relationship with a private company. Such a claim of power is literally unprecedented.

It seems to me that the "activity" of not making a decision was first posited by legal scholar Geddy Lee:

If you choose not to decide, you still have made a choice.

Ironically, from "Freewill." Rock on.