Posted on 03/22/2012 6:49:10 AM PDT by american_steve
On Monday, the Supreme Court will begin an extraordinary three-day hearing on the constitutionality of ObamaCare. At stake are the Constitution's structural guarantees of individual liberty, which limit governmental power and ensure political accountability by dividing that power between federal and state authorities. Upholding ObamaCare would destroy this dual-sovereignty system, the most distinctive feature of American constitutionalism.
ObamaCare mandates that every American, with a few narrow exceptions, have a congressionally defined minimum level of health-insurance coverage. Noncompliance brings a substantial monetary penalty. The ultimate purpose of this "individual mandate" is to force young and healthy middle-class workers to subsidize those who need more coverage.
Congress could have achieved this wealth transfer in perfectly constitutional ways. It could simply have imposed new taxes to pay for a national health system. But that would have come with a huge political price tag that neither Congress nor the president was prepared to pay.
Instead, Congress adopted the individual mandate, invoking its power to regulate interstate commerce. The uninsured, it reasoned, still use health services (for which some do not pay) and therefore have an impact on commerce, which Congress can regulate.
Congress's reliance on the Commerce Clause to support the individual mandate was politically expedient but constitutionally deficient. Congress's power to regulate interstate commerce is broad but not limitless.
(Excerpt) Read more at online.wsj.com ...
Hope they weigh it and find it wanting... Hope they are brave enough to go against the regime.
My hope is the SCOTUS will be influenced in their decision by recent events with the HHS dictats on contraception and funding of abortion all as part of Obamacare. I would think the Justices would clearly see that these mandates trample on religious and personal liberties in a way that is contrary to the Constitutional guarantees in the First Amendment.
I will be ecstatic to be wrong but I do not believe for one minute these 9 political ideologues (it is an insult to true judges to call these black robed political hacks judges) will do their sole job of applying the restrictions the US Constitution places on government in this case.
The USSC, as is evident by their decision, to equate corporations, unions, organizations as EQUALS to us, “WE THE PEOPLE” in regards to campaign contributions is now part and parcel of a government no longer restrained by the confines of our Constitution. The fix is in and the government is supreme not the people. The founders gave us a good run and we blew it.
We will get another 5-4 decision meaning at least 4 or 5 and maybe nine have refused to do their very simple job of looking at a very short document and determining if the government is allowed to do this which of course it is not.
No these political POS will do their best to “INTERPRET” the Constitution using of course their own political bias.
If we have no firm foundation for our country which cannot be altered by some hack who INTERPRETS it then we have no Constitution and the law is the law of the day depending upon which way the political winds are blowing.
I detest a liberal USSC judge just as much as I detest a conservative USSC judge IF they use their bias to INTERPRET the Constitution. It is what is says it is and this constant INTERPRETING of our most basic document via a political bias will be the death of the country.
That’s the way I see it. I give repeal a 10% chance.
Being part of a “historic decision” will be too hard for most of them to resist.
And it’s not impossible that a judge should be replaced, in the meantime.
Moreover, I don’t put ANYTHING past a pro-infanticide communist. The ends justify the means. Threats of violence against the judges are not beyond the pale.
I've never had any hope that the SCOTUS will overturn Obamacare.
If Obamacare is upheld, the Civil War is going to start.
Even if the SCOTUS does the right thing and strike this abomination down, who believes that 0bambi will obey the ruling? He has already defied - and continues to defy - a federal judge on returning drilling in the Gulf. He has usurped the Constitution twice, without consequence: involving troops in Libya without Congressional approval AND making recess appointments when Congress was in session. That doesn’t exclude his open disdain for the Constitution.
Whatever the ruling, we are in for a rough ride. If this is upheld, we must discuss openly secession. That or become slaves. I REFUSE TO BE A SLAVE.
Let Texas be the first to succeed...and President of the Republic of Texas, Rick Perry will mobilize the guard and seal the border, North and south...and perhaps east and west!
Post #7
On the 16th of this month the usurper gave himself total control of our economy in by executive order ,,, the National Defense Resources Preperation act ,,, giving him total control over our economy in peacetime . Where are the people resisting this act ?? ,,, hiding in tall grass ,, that’s where . So what you are saying is the pot must come to a boil before the frog jumps . This summer the Occupy Wallstreeters will begin their mischief ,,( riots this time ),, then comes martial law ,, the suspension of Nov. election ,,, then he invoves his newly authorized power over the economy ,, and a socialist/communist takeover . This is his plan ,,, MARK MY WORDS .
Succeed at what?
If O’Romneycare is upheld we’ll be in the same position as England in the 70’s ... maybe we’ll get some good music out of it.
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