Last week, after I responded to Akhil Amar’s op-ed that defended, in an uncharacteristically unthoughtful and ad hominem way, the constitutionality of the individual mandate, a reader suggested that Amar’s argument — particularly that “breathing is an action” that Congress can regulate — reminded him of that Police classic, “Every Breath You Take.” What’s ironic about this suggestion, perhaps inadvertently, is not only the invocation of “breathing” but that the whole Obamacare battle boils down to competing views of federal power: Does the government have a general “police” power or is its authority limited to that finite set of powers listed in the Constitution?
And so, without further ado, here’s how the song would look updated for 2011’s favorite constitutional debate (with apologies to Gordon Sumner aka Sting):
Every breath you take
Every move you make, or
Decide not to take
Even when you flake
We’re mandating you
Every single day
Every word you say
Every game you play
Even if you stay
We’re coercing you
O don’t you fuss
You belong to us
How we regulate every step you take
Every move you make
Every vow you break
Every smile you fake
Every claim you stake
We’re mandating you
The Constitution’s lost without a trace
Since ’37 we go every place
Limits on government you can’t replace
Got rid of those so we’re always in your face
We’re commanding you, no saying please
Every move you make
Every vow you break
Every smile you fake
Every claim you stake
We’re mandating you
