Posted on 06/22/2011 11:51:08 PM PDT by neverdem
Ping
Did the Supreme Court Tip its Hand on obummerCare?
Saved from obummerCare by Anthony Kennedy on the basis of the Tenth Amendment! I won't be surprised. Kennedy has been fairly libertarian.
I am hoping that some small glimmer of confidence might be restored soon.
What this article fails to mention is that this was a 9-0 win for the 10th Amendment. That bodes very ill for Obamacare.
"Then, on June 16, the Court ruled 9-0 in favor of Bond that the U.S. Congress overstepped its authority by infringing on powers reserved to the states under the Tenth Amendment."
Huh?
More importantly, this guts obastard’s attempt to back door gun control using the UN’s Small Arms Treaty...
I'm no lawyer, but IIRC, a two thirds vote of the Senate, if they have a quorum, then they can override the Bill of Rights.
(1) The general legal consensus is no, it can't with respect to "fundamental rights." Thanks to the last two big SCOTUS cases on the 2nd, the right to bear arms is a fundamental right.
(2) This case ruled that the 10th protected an American from a law passed under the auspices of the "1993 Chemical Weapons Convention," a Senate ratified treaty. So no again.
I intimated this in another thread, but IMHO...
SCOTUS is hearing We the People over the past few years and is aware of the far-left’s agenda of the overthrow of the U.S. Constitution, even if they don’t admit it to themselves. Which kind of encroaches on their territory - the U.S. Constitution. Even if a SC Justice is liberal, they’re still personally very much in need of the preservation of the U.S. Constitution. In that respect, the SCOTUS is a sleeping bear that has no army and no police to enforce it’s rulings; it knows that it relies on Executive branches for enforcement.
Courts are very willing to allow and even force legislatures to over-regulate and over-spend in a “give the people what they want” mindset - until economic catastrophe looms and they envision the opposite sentiment having a powerful contingent amongst the citizenry.
I think the SCOTUS is going to be moving towards a Constitutionalist “revival” period. Of course, in the end, as some power is returned to States where it belongs, States are beginning to compete with each other for citizens and businesses like never before due to modern mobility. And it will be the stinging rod of failure that corrects State legislatures that over-regulate and over-spend, which requires them to over-tax their citizens and beg for Federal crumbs. Some States will choose to model their laws in the minimalist fashion of the U.S. Constitution, others will bury their citizens in legal spaghetti. In any case, hopefully the SCOTUS will start very vigorously ripping the teeth out of the Federal bureaucracy, thereby helping to preserve it, as the SCOTUS restores the U.S. Constitution to it’s purpose of binding together the States as a nation of free citizens rather than trying to implement a Federal bureaucracy that can be all things to all people.
Kennedy was also, however, one of the crucial swing votes in nullifying Texas’ law against sodomy, IIRC. He goes both ways, to use a bad pun.
I think the Bond decision is significant, however. I cannot recall any decision that hinges so much on the Tenth Amendment. We are so used to seeing SCOTUS decisions that are perversions of the Fourteenth.
The halfrican messiah will just reject whatever the SCOTUS rules, just like the non-enforcement of DOMA.
Time to wake up, America.
Actually Kennedy was going libertarian in his opinion on the Texas sodomy law. That would bode well since Obamacare has touches both states rights and individual rights.
Will Kennedy or any of the others want to vote the 10th Amendment is unconstitutional to satisfy Obama? Not likely.
That’s a very interesting analysis; thanks for posting it.
I truly hope the SCOTUS does not evolve their thought process to agree with The Won that the Constitution is a “charter of negative liberties”.
I don't think it will work out that way. The only way for the government to enforce Obama care is through fines and penalties, which must be enforced through the courts.
Let us hope so.
” Justice Kennedy said at the hearing: “The whole point of separation of powers, the whole point of federalism, is that it inheres to the individual and his or her right to liberty; and if that is infringed by a criminal conviction or in any other way that causes specific injury, why can’t it be raised?” This made court watchers wonder if this might forecast how Justice Kennedy might vote on ObamaCare.”
Inheres? Liberty infringed by criminal conviction? Anyone who can guess how Kennedy might rule on ObamaCare from such a gobbldeyquote is a better man than I.
Obviously I did not read it closely enough. Thanks.
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