Skip to comments.Constitution of "Negative Liberties" May Save Us
Posted on 03/22/2010 10:00:29 PM PDT by TigerBait
Is ObamaCare Headed for a Supreme Court Smackdown? Michael Filozof Now that the House Democrats have rammed ObamaCare down the throats of the nation by a vote of 219-212, the situation is indeed bleak. But Conservatives and Tea Partiers despondent over the fact that liberal Democrats just passed a massive encroachment on our liberties over their massive protests should take hope. James Madison saw this coming, and his forethought will give opponents of ObamaCare one last shot at killing it.
In Federalist #10, Madison wrote "Enlightened statesmen will not always be at the helm." (Boy, did he ever get THAT right.)
Knowing that the nation's future leaders would include usurpers and potential tyrants, Madison sought a way to preserve individual liberty despite their efforts. He thus devised the system of the separation of powers. "[E]ssential to the preservation of liberty..." he wrote in Federalist #51, "it is evident that each department should have a will of its own" and "members of each department should be as little dependent as possible" on the other branches.
Passage of legislation by Congress and the signature of the President are not enough. The next step is judicial review by the Supreme Court, an independent and co-equal branch of government. (Already the states of Idaho and Virginia have vowed to sue the Federal government over ObamaCare, and the passage of the legislation will doubtless spawn hundreds of other lawsuits as well).
(Excerpt) Read more at americanthinker.com ...
“A decision striking down ObamaCare, authored by Justice Alito, would be the ultimate smackdown.”
Now that would be almost orgasmic to witness.
They have not forgotten us. They never let us down either. God bless them.
One thing missing from this article is Justice Kennedy...arguably, he will be the deciding factor if and when it goes to the Supreme Court.
you should read more of the federalist, the court by no means have the final say on the Constitutional matters.
The States are explicitly and purposefully reserved the right to nully and interpose against Federal encroachments.
This fight does not end with the Federal courts.
Cool, cause I have steadily be saying and asking why the state’s just don’t pass nullification legislation like South Carolina did in 1832.
Random far-fetched thought. Is the phrase “cadillac plan” actually in the bill? If so, in theory, if GM sued for using their name this way, would that hold up the progress of the bill? I realize they would not sue, but I know that when a trade name is allowed to be used that it falls to common use and the company loses their claim to the name. Cadillac may already have that status. Like I said...random thought.
Wouldn’t it be nice if the wise Latina could actually learn something about our country and it’s laws are for the free? Maybe she wouldn’t be so quick to vote liberal on everything like her total intention to do when she was appointed. I also hope she is not so tunnelvision that perhaps sometime in the near future she will respect the office she has been given and do the right thing.
With the pair of vise grips the fed has on the nuts of the states,SCOTUS will be our last chance.Dont for a second think the states will give up all the fed money for all the state projects which”must be undertaken for the common good”
One question I have is if the SCOTUS strikes down the individual mandate as unconstitutional, would the whole bill be shot down, or only that particular clause?
It would be nice to get rid of the individual mandate, but frankly, that alone wouldn’t do any good toward getting read of this nightmare. In fact, it will make the private insurance companies go broke sooner, with less people buying insurance.
Unless we can gut most or hopefully all of this bill, I don’t think winning this challenge would be any big deal.
Thank God those men had the foresight to see far into the future. <<<<
Our Founding Fathers, being Godly men, knew the true nature of man and were under no illusions having just escaped the English tyrants!!
I would absolutely break out my special stash of popcorn for that one...maybe even my Cuban cigar stash!