We are always encouraged when it appears that the Supreme Court will support the good, and we are always afraid that if they support the bad there’s nothing to be done.
At this writing, the first judge to do so has ruled Obamacare — ie, government control of the healthcare industry that includes requiring you and I to purchase insurance — is unconstitutional.
Well, of course it is. Now we’ll see if the Supreme Court agrees. But if they disagree, if they let Obamacare proceed, does that make it constitutional?
Well, of course not.
The whole involvement of the federal government in our healthcare decisions is outside the scope of the powers delegated to them; the bill is unconstitutional on its face, never mind in its details.
How can we break free of this idea that 7 unelected lawyers, and more recently an increasing number of them appointed purely as political support for the party in power, have life and death authority over our entire lives?
The states must step up, as Jefferson insisted they must, to defend their citizens from enemies both foreign and domestic. Any attempt by the federal government to exert unauthorized power over any citizen of any state constitutes an attack on that citizen. What else would you call it?
What? The states? How are the states authorized to stand against supposedly constitutional actions, especially if the Supreme Court has approved them? Didn’t that law professor on the radio just laugh at that idea?
Yes, he did. And he was wrong.
The states can trump such actions, because the Supreme Court is subject to the Constitution, just like the other two parts, and has not been give power to extend and “adjust” it by fiat. Here’s how Jefferson explained it in the Kentucky Resolutions:
“…that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.”
So, who’s Supreme? Who really has final say about health care, and light bulbs, and dishwashing soap, and how much salt we eat, and a thousand other things being taken under Washington’s wing as we speak?
You are. The tenth amendment has not been repealed, just trampled.
If the other party to any agreement is engaged in aggressive, unlawful expansion of its powers, you have to respond. Don’t you?
It’s time to quit being run over. It’s time to stand up to the bullies.