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For months, Dean Chemerinsky has been leading the fight, arguing that Obamacare is constitutional under the Commerce Power and the Spending Clause. But, he has finally found a provision he thinks is unconstitutional.

Backed by some of the most powerful members of the Senate, a little-noticed provision in the healthcare overhaul bill would require insurers to consider covering Christian Science prayer treatments as medical expenses.

The measure would put Christian Science prayer treatments — which substitute for or supplement medical treatments — on the same footing as clinical medicine. While not mentioning the church by name, it would prohibit discrimination against “religious and spiritual healthcare.”

Erwin Chemerinsky, dean of the UC Irvine School of Law, said the provision raised serious questions about government support of religion.

“I think when Congress mandates that health companies provide coverage for prayer, it has the effect of the government advancing religion,” he said.

Admittedly, establishment clause jurisprudence is an absolute mess. But, I doubt anyone would be able to find standing to challenge this. Even if standing was found, this is a really weak case for an establishment clause violation. Now this kind seems a bit opportunistic. The entire bill is constitutional, except for a tiny provision that gives churches some money for healing rituals.

This morning, while on my ways to the polls, I tweeted “Go Vote! Unless it is rational for you not vote. Ignorance can be rational.”

A Professor whom I deeply respect replied:

Unless all candidates are equally evil, I see no moral justification in not voting.

That is a fantastic point. Often, in the pursuit for rationality and economic efficiency, morality takes a back seat. Rationality does not always line up neatly with morality. While it may be moral to help a a person in need, it is not always rational to do so. While it may be moral to exercise your civic responsibility and vote, it is seldom rational. The time, effort, and knowledge required to cast a vote, even an uninformed vote, are costs. The benefit to be expected from these costs are minimal. Thus, it is hardly rational to vote. I vote because I enjoy exercising my civic responsibility and participating in a representative democracy, but I have no false allusions that my single vote makes a difference.

A friend replied:

Josh, aren’t you overlooking in your equation of rationality that shirking moral obligation has costs (albeit not easily quantifiable) as well?

This comment speaks in my language. Shirking moral obligations certainly will have a negative externality on society. As more and more people remain ignorant, abstain from voting, and distance themselves from the political process, our Representative Republic will weaken. So in that sense, on the aggregate, it is rational for society to vote.

But, in economics, only individuals choose. There is a significant collective action problem here. According to Coase, one way to eliminate these problem is to assign property rights.

In a Representative republic, the property rights should take the form of responsive government. But in a Nation as large as ours, that responsiveness just isn’t there. While the responsiveness exists at the local level, there just isn’t that much authority local governments have anymore, as most important decisions are made in Washington.

So, to the individual, it is still rational not to vote.

Whenever someone runs unopposed, I will not vote for them. Hence, I wrote in John Galt. And thus, I will force a vote counter, somewhere, to ask himself or herself, “Who is John Galt?” Apologies for the blurry blackberry picture.

If you’re like me (God help you),  Winter poses a difficult time. Wearing conventional gloves, typing on the blackberry becomes impossible. Think Homer Simpson mashing the keypad with his pudgy fingers.

But I think I found the perfect accessory. Freehands® Leather Gloves for IPhones and Cell Phones

They look atrocious when the finger flaps are folded down, but in the sub-arctic weather of Johnstown, these may be a worthwhile purchase. I’ll let you know.