Posted on 03/01/2015 10:54:57 AM PST by Beave Meister
The first time the Affordable Care Act came before the Supreme Court, its constitutional foundation under attack, John G. Roberts Jr. was its unlikely savior. In a spectacular display of spot-welding, the chief justice joined fellow conservatives on some points and brought liberals on board for others. Roberts was the only member of the court to endorse the entire jerry-rigged thing, and even he made sure to distance himself from the substance of the law. (It is, he wrote, not our job to protect the people from the consequences of their political choices.) Still, his efforts rescued President Obamas signature achievement on grounds that many had dismissed as an afterthought.
As long as Justice Anthony M. Kennedy is on the court, he will most often be the decider when the justices split along their familiar ideological fault lines. But, slowly and quietly, Roberts is the one trying to build its legacy. He sees it as somehow exempt from the partisan fugue that long ago enveloped Washington. Justice Stephen G. Breyer has worried that the public might see him and his colleagues as nine junior-varsity politicians; public approval of the Supreme Court is falling. But while all of the justices bristle at the notion of a political court, the eponymous head of the Roberts court has the most to lose. After all, its decisions cannot be respected if the court is not respected. It is a very serious threat to the independence and integrity of the courts to politicize them, Roberts said at his 2005 confirmation hearings.
(Excerpt) Read more at washingtonpost.com ...
After the contortions Roberts went through to rewrite it and find it Constitutional he is not going to undo it at this point.
He is already compromised.
That’s Assuming the candidates they choose are confirmed and that’s assuming the the current cast of characters doesn’t lose the Senate which by their performance so far doesn’t look promising.
The author of the refenced article is evidently clueless about the federal governments constitutionally limited powers, and therefore conseqently oblivious to a major constitutional scandal, imo, by activist justices including Roberts, in giving the green light to Obamacare.
More specifically, not only have the states never delegated to the corrupt feds, expressly via the Constitution, the specific power to regulate, tax and spend for intrastate healthcare purposes, but the Supreme Court has repeatedly clarified, evidenced by the excerpts from case opinions below, that the feds have no constitutional authority to stick their big noses into intrastate healthcare issues.
Regarding the Obamacare insurance mandate for example, note the fourth entry in the list from Paul v. Virginia. That entry indicates that the Court essentially clarified that the feds have no constitutional authority to regulate insurance policies, regardless if such policies are negotiated across state borders.
State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress. [emphases added] Gibbons v. Ogden, 1824.
Congress is not empowered to tax for those purposes which are within the exclusive province of the States. Justice John Marshall, Gibbons v. Ogden, 1824.
Inspection laws, quarantine laws, health laws of every description [emphasis added], as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass. Justice Barbour, New York v. Miln., 1837.
4. The issuing of a policy of insurance is not a transaction of commerce [emphasis added] within the meaning of the latter of the two clauses, even though the parties be domiciled in different States, but is a simple contract of indemnity against loss. Paul v. Virginia, 1869. (The corrupt feds have no Commerce Clause (1.8.3) power to regulate insurance.)
Direct control of medical practice in the states is obviously [emphases added] beyond the power of Congress. Linder v. United States, 1925.
Also, regardless that federal Democrats and RINOs will argue that if the Constitution doesnt say that they cant do something then they can do it, the Supreme Court has addressed that foolish idea too. Politically correct interpretations of the Constitution's Supremacy Clause aside, the Court has clarified in broad terms that powers not delegated to the feds, expressly via the Constitution, the specific power to regulate intrastate healthcare in this case, are prohibited to the feds.
From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]. United States v. Butler, 1936.
It also proved that even an abject moron can have impressive credentials (something that honest, intelligent people have known all along).
Propaganda from the Washington Post to influence Roberts.
Good read. Proves that Robert’s opinion was authored by first year pre-law student
“Obamacare threatens to end John Robertss dream of a nonpartisan Supreme Court”
Obamacare is selling U.S. body mortgages globally.
Human trafficking.
It’s been partisan since its creation.
Obamacare needs to be put to bed for good. It will go down as the biggest mistake in the Donkey’s history.
Remove the word care then replace “it” with Obama... remove “the Donkey’s” and I think it makes more sense.
Bipartisan. I hate that word. I want partisanship. I want the conservatives to play hardball like the liberals do. Take every dirty nasty trick the liberals use and shove it right back in their faces.
Based on what I understand about Harvard Law School where Roberts went, people who attend that school are at least hopefully having somebody else pay for their indoctrination.
Can you imagine the Supreme Court after 8 years of President Walker and 8 Years of President Cruz?
The guys is trapped for another decade or so til he last kid is 18.
Roberts is not a constitutionalist; he is a NWO globalist member of Knights of Malta. 0-care is an instrument of the elites, and its purpose is to destroy the middle class via taxation, and control the population via medical tyranny (death panels, forced vaccinations).
Roberts will uphold 0-care in its present form.
The Supreme Court hasn’t been nonpartisan for decades.
Cruz and Walker are weak.
They will accomplish nothing adequate.
Who, in your opinion, is strong?
No rights were addressed by Roberts, only corporate privileges. He even said so in his ruling, and warned people to get it straight or they would be wrongly empowering a police state against themselves.
One Stone, Two Powers: How Chief Justice Roberts Saved America
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