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Madison, the Federalist, and Chief Justice Roberts
www.jerrypournelle.com ^ | June 29, 2012 | Jerry Pournelle

Posted on 06/30/2012 9:36:35 AM PDT by Bobalu

It is time, the Chief Justice said, for the will of the people to be expressed through the political departments. You should not try to make the Supreme Court the final arbitrator of such political matters. It has not the wisdom for that.

This election will now be held largely on the issue of Obama Care. If the President wins this will be seen as a vindication of that act and of the philosophy behind it. If the President fails of election the Act will be repealed, and there is an opportunity for the United States to turn back and forsake its former ways.

Now it is up to us. Mr. Roberts has said he cannot protect you from the consequences of your actions, and he has done so at a time and in a way that makes the question stark and clear. Whatever his intentions, this is what he has done, and I for one thank him for it.

(Excerpt) Read more at jerrypournelle.com ...


TOPICS: Constitution/Conservatism
KEYWORDS: johnroberts; obamacare; sourcetitlenoturl
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1 posted on 06/30/2012 9:36:38 AM PDT by Bobalu
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To: Bobalu

Dr. Jerry’s rally call view right before this one, I think, is a must read as well.

http://www.jerrypournelle.com/chaosmanor/


2 posted on 06/30/2012 9:39:54 AM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: Bobalu

Now, now didn’t you get the tweet? To take any negatives away from Hussein, it’s not called ObamaCare but Affordable Health Care which sounds so much more warm and fuzzy.


3 posted on 06/30/2012 9:40:01 AM PDT by bgill
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To: kingu

Pretty much everything Jerry writes is a must read! :-)


4 posted on 06/30/2012 9:48:53 AM PDT by Bobalu (It is not obama we are fighting, it is the media.)
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To: Bobalu

It is so extraordinarily naive to expect the federal government(scotus) to restrain the federal government.


5 posted on 06/30/2012 9:50:15 AM PDT by all the best (`~!)
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To: kingu; Bobalu; hoosiermama

My guess would be, this article comes as close to Roberts’ reasoning as anything I’ve read. But, it’s no longer time for retrospective analysis over what happened. It’s time to go forward and drive this abomination into the ash heap of history. It’s up to us. No one else can do it.


6 posted on 06/30/2012 9:51:46 AM PDT by bcsco
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To: bgill
...it’s not called ObamaCare but Affordable Health Care which sounds so much more warm and fuzzy.
Now it can truthfully be called Taxable Health Care!
7 posted on 06/30/2012 9:51:46 AM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Bobalu
"It is time, the Chief Justice said, for the will of the people to be expressed through the political departments. "

Dear Chief Injustice Roberts:

The people spoke regarding RobertsTaxation in the 2010 Congressional elections.

8 posted on 06/30/2012 9:55:57 AM PDT by Paladin2
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To: Paladin2
The people spoke regarding RobertsTaxation in the 2010 Congressional elections.

Then why is it still there? Why are we trillions more in debt? How many budgets has Congress passed during this time? Oh, right, I'm sorry, those were continuing resolutions and limited budget bills, not budgets. And the President's people believe that he doesn't really need Congress' permission to raise the debt ceiling...

Maybe Congress should do their job..someday.

9 posted on 06/30/2012 10:02:51 AM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: bcsco

Now here’s another article/commentary (and there’s been a slew of them) stating that the deviously super-shrewd Chief Justice ruled for Obamacare in order to make it look like a victory for the left when, in fact, he knew that it will turn out to be a gigantic victory for the right because:

1. On November 6th, the voters will rise up off of their couches, turn off the Jersey Shore episode on TV and, in their anger against the government takeover of health care, run to the polls and throw the bums (the Democrats) out and

2. Once the GOP controls the White House and the Congress, Obamacare will be rescinded and replaced. And all will be well.

I don’t know. If this is what actually happens, then I will take my hat off to the Chief Justice for being far smarter and far more prescient than I am. But if this does not happen, the nation is screwed.


10 posted on 06/30/2012 10:07:14 AM PDT by Signalman ( November, 2012-The End of an Error)
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To: Signalman

the only way it will turn out good is if the conservatives take complete control and repeal onerous laws AND pass a Constitutional amendment limiting taxation. Its time for the govt to get out of social engineering and raise revenue only for its stated purposes, not to modify behavior, no more tax credits deductions favoritism etc, take the power to tax from congress and give it back to the people. Its now or never. Fair Tax time or something similar.


11 posted on 06/30/2012 10:14:37 AM PDT by rolling_stone
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To: Bobalu
Mr. Roberts has said he cannot protect you from the consequences of your actions,...

Mobocracy? I didn't vote for Barry, or Pelosi or Reid. That is why we used to be a Republic, to protect the liberty of the few from the unchecked will of the many. Thanks to Roberts and others of his ilk, it seems we have been unable to keep our Republic and now have the mob rule of democracy.

The French Revolution provides insight as to how that works in practice.

12 posted on 06/30/2012 10:18:19 AM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: kingu
"Then why is it still there?"

From the article:

"The purpose of the Constitution was openly stated more than once by the Framers to be the suppression of what is today known as plebiscitary democracy. "

Ruling it unconstitutional would have sent the issue straight back to the Congress and the electorate too.

It was all up to Roberts to try to make sure it was done correctly and he blew it. His decision didn't move the conclusion of debate forward in time at all. He just came down on the lib side. It is still a political decision on his part.

13 posted on 06/30/2012 10:18:37 AM PDT by Paladin2
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To: bcsco
It’s time to go forward and drive this abomination into the ash heap of history.

The GOP landslide of 2010 is directly attributable to Obamacare.

Justice Roberts' ruling made Obamacare the central issue of the 2012 elections.

Any questions?

14 posted on 06/30/2012 10:18:45 AM PDT by E. Pluribus Unum (Government is the religion of the sociopath.)
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To: Signalman

I’m not going to say he did it purposely, so that the public would rise up and do away with Obamacare. But I do think this could come as close to his reasoning on the court’s relationship in this as anything I’ve read.

I don’t buy into the blackmail crap. I don’t buy into the ‘give them a bone’ line of thinking, except as a secondary consequence. I suspect his having a split court allowed him to use this as a vehicle to express his views on the court not being an avenue for redress when congress doesn’t go according to the public’s wishes.

But as I said, it’s time we put all that speculation behind us. It does us no good, and takes time away from what we need to do; abolish this abomination. We need to stop looking back.


15 posted on 06/30/2012 10:21:20 AM PDT by bcsco
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To: Bobalu
Isn't it funny how Roberts didn't apply the same logic to Arizona's immigration law? Why shouldn't the people of Arizona, rather than the courts, decide whether that law is upheld, too?
16 posted on 06/30/2012 10:21:45 AM PDT by Kazan (Mitt Romney: The greater of two evils)
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To: kingu

We didn’t change the balance of Dems in the Senate and the Dim in the White House. They can’t repeal it if there are not enough in the Senate to vote for repeal and the President won’t sign it. (Unless there are enough votes to overide the veto.) Have to change that dynamic and it is up to us to do that in the ballot box.


17 posted on 06/30/2012 10:22:58 AM PDT by marsh2
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To: Signalman
Once the GOP controls the White House and the Congress, Obamacare will be rescinded and replaced. And all will be well.

Yeah, replaced by Romneycare...And, all will not be well.

18 posted on 06/30/2012 10:23:22 AM PDT by Kazan (Mitt Romney: The greater of two evils)
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To: E. Pluribus Unum
Justice Roberts' ruling made Obamacare the central issue of the 2012 elections. Any questions?

Yeah, I do. What makes you think the man that provided the blueprint for Obamacare is going to repeal it and replace it with something better?

19 posted on 06/30/2012 10:25:55 AM PDT by Kazan (Mitt Romney: The greater of two evils)
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To: Bobalu

Someone else is seeing the truth.

Roberts played the long game by putting this back in Obama’s lap, and making him and the legislature, and hopefully, we who will vote, the final arbiters of this matter.

Get out into your neighborhoods and register people to vote.


20 posted on 06/30/2012 10:27:10 AM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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