By Douglas V. Gibbs
After the Supreme Court ruling regarding the constitutionality of the health care law, America changed. The final remnants of the Constitution were burned, ripped, and stomped upon. The courts completed the transformation of America as Barack Obama said he envisioned way back during his presidential campaign in 2008. My phone did not quit ringing. People were shocked, and outraged. The calls and emails continually streamed in for two days.
Then, some conservatives who always try to see a silver lining, came up with an interesting theory. Perhaps Justice Roberts, who sided with the liberal crazies, is not a traitor after all. Perhaps he is using a back door to get America back on track. Perhaps his unexpected move is pure brilliance, and all we have to do is see it!
Yes, Roberts ruled that Obamacare was unconstitutional as based on the Commerce Clause, and the opinion by Roberts may have reduced to opportunity for misuse we see in relation to the Commerce Clause. He may very well understand that the Commerce Clause was not originally intended to be a skeleton key for statists to unlock every big government action they can get their hands on. (For more on the Commerce Clause, go to Understanding the Commerce Clause).
Roberts also indicated that the federal government does not have the authority to mandate as argued by the liberal left - but then added, unless the penalty is a tax.
We'll get back to that.
Finally, as argued by those wishing to lift Roberts on their shoulders, "he struck down as unconstitutional, the Obama-care idea that the federal government can bully states into complying by yanking their existing medicaid funding. Liberals, through Obama-care, basically said to the states — ‘comply with Obama-care or we will stop existing funding.’ Roberts ruled that is a no-no. If a state takes the money, fine, the Feds can tell the state how to run a program, but if the state refuses money, the federal government can’t penalize the state by yanking other funding. Therefore, a state can decline to participate in Obama-care without penalty."
That may be a doorway he opened for the States to nullify as constitutionally allowed, while protecting the States from retaliation from the federal government.
Some may also argue that Roberts created a scenario that would energize the people opposed to Obamacare. People that were on the fence about voting in November are now raring and ready to go. Folks that were not overly concerned by the law have now been educated in ways they may not have been otherwise, and will also vote in November to unseat Obama, and a large number of democrats in Congress.
Hallelujah. But at what price?
Ever hear the old saying, "Two wrongs don't make a right?"
For a moment let's visit just one of a myriad of unconstitutional actions by the federal government the other day when they ruled on the health care law. Justice Roberts changed the law by saying it is not constitutional through the commerce clause, but in order to save the act Roberts altered the definition of the penalty, making it a tax. If it is a tax, he reasoned, and since Congress has the power to tax, that once again makes Obamacare constitutional.
By doing this, he modified the law. He altered the definition of "penalty" in the law to mean "tax."
Article I, Section 1, of the U.S. Constitution states that all legislative powers belong to the Congress. That would include the power to modify a law. (Learn more about this concept in my article: All Legislative Powers Are Granted to Congress)
Roberts, in his attempt to constitutionalize Obamacare, acted in a legislative manner, making his action an unconstitutional one.
By upholding the mandate, based on the assumption that the penalty is a tax and that makes it constitutional, Justice Roberts has actually opened up Pandora's Box. Even if the law is successfully repealed by President Romney (which requires Mitt to win the election, and for the Senate to do better than simply earn a republican majority) the precedent will exist in the minds of the establishment, and more importantly, the progressives. The government, according to these knuckleheads, will be be able to tell you all kinds of things you have to buy. . . as long as they attach a penalty, and call it a tax.
If Obamacare remains in force, the danger heightens. The law is the biggest behavior modification program in history. You will be required to act in a manner that is considered to be acceptable behavior by the federal government if you want your health care. They will be able to tell you what to eat in the name of saving the taxpayers from having to pay for the health care of some obese person, they will be able to tell you what activities to engage in the name of preventing injuries so the taxpayer doesn't have to pay for that either. They will be able to order you to exercise (and if you refuse to, will they attach a penalty and call it a tax?), because your good health is good for the country since now the taxpayer will be paying for Obamacare.
Whoa, whoa, whoa, Doug. Obama said you can keep your doctor, and your insurance, if you like it.
This system is not designed for you to keep your doctor, and your insurance. It is designed to steer us toward single payer. It is designed to destroy the private insurance industry, and replace it with socialized medicine. The fine for not having insurance is less than the cost of insurance. Employers, to save money, will opt out of providing health care benefits, and pay the fine. Employees, unable to afford health insurance, or the fine, will then be left with no choice but to settle for governmental programs. Eventually, as the fine rises, and the States programs diminish, everyone will be compelled to use the federal health care system, until we finally have single payer - opening the rest of Pandora's Box - which will end up giving the federal government full control over your lives, your decisions, and your activities, in the name of keeping the cost down for the taxpayers.
As for you freedoms in that system? Those are at the behest of the health secretary, where in the health care law it repeatedly gives that person unlimited power with a simple statement: "As the secretary shall determine."
A liberal commenter said this is the FDR effect. The people will grow to like Obamacare, and then the republicans won't be able to win an election without supporting it.
First of all, that is a dirty way to play politics, but yes, that is how liberalism works. Entitlements are not because they care so much. It is all about buying votes, and gaining power. It is their goal to eliminate all opposition, through the buying of votes.
Obamacare won't remain intact because the people like it as the liberal commenter predicts, though, if Obamacare remains in place. It will be because the people become imprisoned by it, and can't escape.
Is that really what you want in America?
Rush Limbaugh said that no there is no place to go. The courts have befuddled him. He doesn't understand that the very idea that a few men in black robes have the ability to determine the fate of a law that will affect over 300 million people is an unconstitutional proposition. (Read more about the unconstitutionality of judicial review)
Limbaugh is wrong. There is a place to go. The States can nullify the law by ignoring it, and refusing to implement it, and the States can hold an Article V. Convention (Read more about Article V. Conventions HERE) to propose amendments that can further limit the powers of the courts. The founders showed us that the courts can be further limited by amendment when they proposed and ratified the 11th Amendment. (Learn more about nullification in my article: Nullification - A State's Right to Enforce the Constitution)
The fact is, Justice Roberts protected Obamacare, and sided with the liberal judges. He helped validate to many people the very dangerous and totalitarian health care law that is being considered the center-piece of Obama's presidency. Justice Roberts is no hero, but the opportunity to get this turned around still exists. We must be vigilant, we must be passioned, and we must not give up. This can be turned around. The Constitution has given us the tools. All we must do is not give up the fight.
-- Political Pistachio Conservative News and Commentary
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