My Verdict: Obamacare Unconstitutional!

Holder Explains Obamacare Constitutionality SC My Verdict: Obamacare Unconstitutional!

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.

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Photo credit: terrellaftermath

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  1. Anonymous says:

    Yes, it is unconstitutional! I want every piece of it gone! I will not submit to anything!

    • Disgusted says:

      You and me both! I do not accept this “ruling”, and I will not accept it under any circumstances! It is UNCONSTITUTIONAL! And all of those criminals in Washington, including the ones like Roberts who approved and passed the thing, all of them are criminals, and traitors to the nation, and the people’s rights they swore to defend. They “defend” no one but themselves, they are self serving sons of bastards.

      • I just read a news article that states that the LA governor will NOT mandate this new healthcare for Louisiana………..
        SMART governor.

  2. And the Congress sleeps while We The People get thrown under the bus!!!!!! Obambi makes his own rules. So what else will he do to meet his master plan of completing destroying every last word of the Constitution????

    We cannot awaken the crowd of puppets who think the dictator in chief is their master! Maybe cut off their cell phones and rap music. Stop the baby making machines to get extra dollars.

  3. David F. says:

    I am so sick and tired of Politicians doing things for their own benefit, instead of them being there to Serve their Constituents. This is a failure of John Boehner, Mitch McConnell, and others who have chosen to be Politicians instead of Advocates of the People. Who cares if you get voted out next election…what matters is "What is the Right thing to do for America to stop it from being turned into a Socialist Nation"…Impeach Obama over his 2 violations of the Logan Act, or Impeach him over Using the U.S. Military to fire on Libya…of which the Russians and Chinese have declared War Crimes and have submitted their complaints to the U.N., or Impeach him over his Unconstitutional Presidential Directives, or Impeach him for not following U.S. Federal Laws already on the book. Damn it Congress take your pick of any of these Impeachable offense and get him out of office and away from the Nuclear Football!!

  4. Nanna Gail says:

    Author’s note: To his credit, Chief Justice Roberts did reject the Commerce Clause as constitutional authority for Obamacare.

    SO what! He literally betrayed "We the People" and threw us ALL under the bus.

    WHY? Because he couldn't do the job he was elected to do. He should resign.

    • Exactly!

      For Roberts to be 'chief judge' was displaced and unearned to begin with. Roberts reads 'papers etc', and is a jelly fish – weak and, should resign on his own. The damage he's done is not easily reversed – too many rhinos, even if elected, won't do anything for us.

      Lastly, if we have to go to the supreme court with the hope of receiving a fair deal according to the law, that alone is bad. However, if we go, and a renegade judge want to please the tyrants, and participate in coctail circuses – judges cases based upon that, should resign in shame, or answer why he violated the constitution.

      It is after all the supreme court – not the 9th circuit.

  5. sean murry says:

    T o hell with obummer care.

  6. so many think xxxcare will be good for the USA – But they keep listening to bo and do Not realize what this means………
    Until it is too late………..

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