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A couple of thoughts:
1. The would-be strikers are under contract; the courts routinely enforce contracts by requiring activity, and they do so without regard to the commerce clause. And as noted, the workers can always quit their jobs.
2. The constitutional authority for requiring draft registration lies with the congress's power to raise an army, and does not rest in any way on the commerce clause.
I am not aware that anyone is arguing that the congress is powerless to regulate inactivity. The argument is that it has no power to do so under the commerce clause, and there is no contrary precedent.
Commented Jan 13, 2011 on Do the pro-Obamacare Constitutional Lawyers See Any Limit on Government Power at ProfessorBainbridge.com
Do the pro-Obamacare Constitutional Lawyers See Any Limit on Government Power
Carlton Larson opines: Opponents of the individual mandate assert that under the Commerce Clause, the federal government can regulate only activity, not inactivity. Yet the federal government regulates inactivity under the Commerce Clause all the time. Consider federal labor legislation that, ...
Just so Frank Rich can see what he's afraid of.
Commented Apr 1, 2010 on Another scary tea partier, from Idaho! Tom Smith at The Right Coast
Another scary tea partier, from Idaho! Tom Smith
via instapundit
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