Free Republic
Browse · Search
Topics · Post Article

Skip to comments.

Liberty and ObamaCare
The Wall Street Journal, ^ | March 22, 2012 | Staff

Posted on 03/26/2012 9:20:03 AM PDT by american_steve

The constitutional questions the Affordable Care Act poses are great, novel and grave, as much today as they were when they were first posed in an op-ed on these pages by the Washington lawyers David Rivkin and Lee Casey on September 18, 2009. The appellate circuits are split, as are legal experts of all interpretative persuasions.

The Obama Administration and its allies are already planning to attack the Court's credibility and legitimacy if it overturns the Affordable Care Act. They will claim it is a purely political decision, but this should not sway the Justices any more than should the law's unpopularity with the public.

The stakes are much larger than one law or one President. It is not an exaggeration to say that the Supreme Court's answers may constitute a hinge in the history of American liberty and limited and enumerated government. The Justices must decide if those principles still mean something.

(Excerpt) Read more at ...

TOPICS: AMERICA - The Right Way!!; Health/Medicine; Reference; Society
KEYWORDS: commerceclause; healthcare; individualmandate; obamacare

1 posted on 03/26/2012 9:20:06 AM PDT by american_steve
[ Post Reply | Private Reply | View Replies]

To: american_steve
The Obama Administration and its allies are already planning to attack the Court's credibility and legitimacy if it overturns the Affordable Care Act. They will claim it is a purely political decision, but this should not sway the Justices any more than should the law's unpopularity with the public.

I would hope that the implied White House threat against the Court, the public disrespect shown by Obama to the Court during SOTU, and the unpopularity of this gigantic power grab would all weigh into their decision. None of those factors should be considered, but all are likely to have some influence. If the fact that ObamaCare is blatantly unconstitutional is not enough for them, I'm happy to have any win.

2 posted on 03/26/2012 9:25:03 AM PDT by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
[ Post Reply | Private Reply | To 1 | View Replies]

To: american_steve
But with ObamaCare the government is asserting for the first time that it can compel people to enter those markets, and only then to regulate how they consume health care and health insurance. In a word, the government is claiming it can create commerce so it has something to regulate.

If the health care mandate is found to be constitutional, it will open the floodgates of increased corporate welfare, crony capitalism,neo-Hamiltonian mercantilism, and government-business partnerships. All of which will lead to increases in corruption, both and private and public and plunder by by big business of the rest of America.

3 posted on 03/26/2012 9:35:50 AM PDT by mjp ((pro-{God, reality, reason, egoism, individualism, natural rights, limited government, capitalism}))
[ Post Reply | Private Reply | To 1 | View Replies]

To: american_steve
America's Constitution was intended to put "chains" (see Jefferson) on the power of elected officials in government to interfere in the lives of "the People" who, under that Constitution, were (and are) their masters.

America's Constitution did not make elected officials masters over "the People."

Hopefully, the attention to Supreme Court reflection and decision making on this critical point during this week will create a new enthusiasm and pursuit of the Founders' Constitution, as debated and adopted by them for the protection of individuals against would-be "rulers" in government.

Thanks to Divine Providence and the new technologies, every American with a computer and internet access can read for themselves almost every word of the Founders, as well as the wisdom writings from which they derived their ideas of liberty.

It is high time for a public understanding and discussion of those ideas which are essential to liberty in a free society. "Progressive" know-it-alls have, for too long, dominated the discourse--especially in public institutions.

Thomas Jefferson, that great intellectual who was chosen to write a people's Declaration of Independence from a government which assumed powers to spend, tax, and overpower citizens, in his "Notes on Religion," made an observation which, while they were directed toward oppressive ecclesiastical rules, seem to be pertinent to the current matter:

"Notes on Religion, 1776 (Ford 2: 252-68)
"The care of every man’s soul belongs to himself. But what if he neglect the care of it? Well what if he neglect the care of his health or estate, which more nearly relate to the state. Will the magistrate make a law that he shall not be poor or sick? Laws provide against injury from others; but not from ourselves. God himself will not save men against their wills…"

Today, however, we have elected officials who try to convince us that they are both qualified and entitled to do so. Should we not question their motives?

"Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience." - C. S. Lewis

4 posted on 03/26/2012 10:01:59 AM PDT by loveliberty2
[ Post Reply | Private Reply | To 1 | View Replies]

To: american_steve

Dictator Baby-Doc Barack has ALWAYS ignored The US Constitution, ESPECIALLY with Obama”care.”

The cancer of Obama”care” now has invaded World Finances as Obama last week choose a “Public health expert” for the World Bank Presidency.

Romney has promised to “Repeal and REPLACE” Obama”care.”

Senator (R Tn) Son-of-a-Mitch McConnell has promised to “Repeal and REPLACE” Obama”care.”

The major problem with THE NINE SUPREMES is that they are chosen for political reasons by the POTUS, and then they vote as an un-accountable democracy, for a Nation that is NOT a Democracy, but a REPUBLIC.

As a result, THE NINE SUPREMES commonly vote 5 to 4 on most issues. Constitutionality is seldom a consideration, and their up-coming ruling on Obama”care” will prove my point.

Now is the time to stand and deliver to address our grievances to the dictates of the Left.

Oppose the dictates of Dictator Baby-Doc Barack!

Our ONLY chance to ABOLISH Obama”care” rests with THE NINE SUPREMES, because Romney will be defeated by Obama.

IMHO, if Romney is anointed as the RNC Nominee, THE main issue in the National Election, Obama”care,” will be taken off the campaign table. Hence, Romney will not only lose, but suffer another crushing, and sadly typical, RINO defeat.

To those who want poster ideas, here are a few ideas for demonstration posters:

Obama”care” was robo-signed by Congress, and is therefore illegal.

Obama”care” was 2700 pages long, and is still being written, but not by Congress: witness the forced contraception coverage recently added by HHS Regulators.

Obama”care” has caused “The Catholic Spring.”

Obama”care” reduces competition, and therefore is illegal by the 1890 Sherman Anti-Trust Law.

Obama”care” is designed to be a US Federal Government monopoly, with no competition.

Obama”care” also is illegal according to the US Constitution, because it violates our freedom of choice.

Will THE NINE SUPREMES notice any of these three violations? I seriously doubt it.

Impeached Bill Clinton proved that the US President is above US Federal Law, so anything that the President wants he gets, regardless of the Federal Laws that he has violated.

5 posted on 03/26/2012 12:58:33 PM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794 is powered by software copyright 2000-2008 John Robinson