It’s time for us in the middle class to get smart — the debt is going to destroy us, possibly in 2013. And both parties are making sure of this.
Thursday’s shocking Obamacare decision caused me to reminisce about my time on the federal bench ten years ago. When I was a United States Magistrate Judge, I took the same oath of office that every federal judge and justice in the country swears to. I swore to “support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same. . .”
That oath is anchored to the phrase, “Constitution of the United States.” If the Constitution changes over time by an activist majority of the Supreme Court, then my oath was essentially an oath to the Supreme Court, not to the Constitution. Of course, that’s not what the Founders intended. The Supreme Court was never designed to be the pinnacle of federal power.
But that’s where we are today. Chief Justice John Roberts, appointed by President George W. Bush in 2005, wrote the 5-4 opinion saving Obamacare and causing President Obama to declare “victory” and pundits to say that his administration has been “vindicated.” Incredibly, Roberts determined that the government, under its taxing power, has the right to “impos[e] a tax on those who do not buy [a] product,” in this case, health insurance.*
From the bench Thursday, Justice Kennedy issued a scathing denuciation of Robert’s reconstruction of Obamacare: “The majority rewrites the statute Congress wrote … What Congress called a penalty, the court calls a tax.” He concluded that “The law is invalid in its entirety.”
The chief justice’s rescue of the individual mandate is a massive expansion of federal power, now permitting the federal government to regulate, by taxation, its citizens’ “failure to act” or passivity. I challenge you to go back to the first 150 years of U.S. jurisprudence and find any Supreme Court opinion that would suggest such a construction of Congress’s power to tax and spend under Article I, Section 8 of the Constitution.
In his powerful dissent, Justice Scalia agreed that this power grab was unconstitutional:
What is absolutely clear, affirmed by the text of the 1789 Constitution, by the Tenth Amendment ratified in 1791, and by innumerable cases of ours in the 220 years since, is that there are structural limits upon federal power—upon what it can prescribe with respect to private conduct, and upon what it can impose upon the sovereign States.
And then the zinger:
Whatever may be the conceptual limits upon the Commerce Clause and upon the power to tax and spend, they cannot be such as will enable the Federal Government to regulate all private conduct and to compel the States to function as administrators of federal programs.
In other words, when the federal government is allowed to tax non-activity, what powers are left to the states and the people under the Ninth and Tenth Amendments? Not much.
But even more basically, Roberts and the four more liberal members of the bench are all starting with the assumption that the federal government can tax and spend for things outside of its enumerated powers, misconstruing the “general welfare” clause of the Constitution. James Madison apparently disagreed, suggesting that the clause “amounted to no more than a reference to the other powers enumerated in the subsequent clauses of the same section.”
Not anchoring the general welfare clause to the enumerated powers enables virtually unlimited federal spending/taxation power and is completely contrary to the whole nature of the Constitution: a document designed to restrain the federal government, retaining all unspecified powers to the states and people.
The Roberts decision reflects that any faith in the Supreme Court to solve our nation’s problems is misplaced. We must engage like never before. Reject the LSM, rely on solid Internet news sources, support a Tea Party congressional candidate, engage in vote integrity efforts, and reflect upon the moral crisis we’re facing. A massive victory in November will put today’s defeat in the proper dustbin of history. But unless we rapidly correct the downward spiral, there won’t be much left for future generations.
Author’s note: To his credit, Chief Justice Roberts did reject the Commerce Clause as constitutional authority for Obamacare.
Photo credit: terrellaftermath
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The Obama administration, despite the nation’s economic woes, effectively killed the job-producing Keystone Pipeline last month. The Arab Spring is turning the oil production of Libya and other Arab nations over to the Muslim Brotherhood. Iraq is distancing itself from the U.S. And everyone recognizes that Iran, whose crude supplies are critical to the European economy, will do anything it can to frustrate America’s strategic interests. In the face of all of this, Obama insists on cutting back U.S. oil potential with outrageous restrictions.
Part of Obama’s apparent war against U.S. energy independence includes a foreign-aid program that directly threatens my state’s sovereign territory. Obama’s State Department is giving away seven strategic, resource-laden Alaskan islands to the Russians. Yes, to the Putin regime in the Kremlin.
The seven endangered islands in the Arctic Ocean and Bering Sea include one the size of Rhode Island and Delaware combined. The Russians are also to get the tens of thousands of square miles of oil-rich seabeds surrounding the islands. The Department of Interior estimates billions of barrels of oil are at stake.
Read more at World Net Daily.
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As I discussed during my Senate campaign less than two years ago, our nation faces some very tough times ahead, in both the near-term and certainly in the long term. Since that campaign, the state of our nation – and Alaska – has not improved; by many standards it has deteriorated. The false hope peddled by Obama lies strewn about the Occupy sites, even as many continue to cling to unreality. However, I am doubly committed to fighting to Restore Liberty in our nation and my great state.
Our nation has reached a condition where many times, up is down, right is wrong, and good is evil. Whereas diversity is celebrated as a core character trait, we witness over and over that “diversity” is an acronym for the “liberal mindset,” entertaining no deviation from politically correct dogma. Nothing crystallizes the backlash of straying from the liberal plantation more than Susan G. Komen’s recent public relations disaster following its announcement that it would cut off funds from Planned Parenthood.
At the same time, US Supreme Court justice Ruth Bader Ginsburg tells Egyptian media that she would look elsewhere if she were writing a constitution today. Never mind that she is sworn to uphold the US Constitution, the legal foundation for the greatest nation on earth. But this is no surprise given Ginsburg’s increasing reliance on foreign courts in her own legal decisions.
President Obama, with deep ties to radical members of anti-American organizations, has no qualms in dropping the name of his alleged savior when it brings him political points via a fawning US media. Citing Jesus in support of how one should spend money is a surprise though, given the fact that Obama donates a pathetic 1% of his income to charity. Moreover, his sudden affinity for Christ doesn’t make much sense in light of his past hostility toward our nation’s Judeo-Christian heritage. Nevertheless, he invokes the name of Jesus to aid in tax collecting.
As we head into this important and already contentious election season, we are faced with a juggernaut Establishment machine that seems to have no regard for the rule of law, especially as it regards vote integrity. While Eric Holder demonizes any state that dares to pass voter ID laws, his own media event attacking these requirements required all attendees to present – you guessed it – an ID card.
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