One of the most famous books about constitutional law is called "Taking Rights Seriously," and I wish I had $20 for every scholarly law review article that's titled "Taking [something in the Constitution] Seriously." I think "Taking X Seriously" is the biggest cliché in the history of law review articles. And what that means, Josh, is ... Hey, I love the way whose name means joke wants the test of the truth to be whether or not people laugh.
But I'm not joshing, Josh. The reason there are so many law articles called "Taking X Seriously" is that we don't rule out a proposition of constitutional law simply because no one seems to taking it seriously right now. We work through the analysis, and maybe we discover that it should be taken seriously. I mean, think, Josh, think. There was a time when people laughed at the idea of gay rights. There was a time when people laughed at the idea of women's rights.
I started out today chiding a righty who was — unwittingly — saying something that belonged in the mouth of a lefty. And now here comes a lefty, talking like a righty. This is what happens when politicos talk about law. They're super-consistent at the level of outcomes, and they don't notice all the inconsistencies they spout at the level of legal reasoning.
And the idea that buying health care coverage does not amount to "economic activity" seems preposterous on its face.See? Resorting to the laugh test. But, Josh, it's not "the idea that buying health care coverage does not amount to 'economic activity,'" it's the idea that not buying health care coverage does not amount to "economic activity." That's quite a bit less hilarious.
ADDED: Nancy Pelosi worked the "seriously" test back in October 2009: