Walter E. Williams filling in for Rush Limbaugh on July 5, 2012. “American citizens should press their governors and state legislators to nullify Obamacare.” “We don’t have to obey Obamacare because it’s unconstitutional – regardless of what the Supreme Court says.” “All laws which are repugnant to the Constitution are null and void”Details
The US Supreme Court has proven once again that it has no interest in upholding the US Constitution.
PPACA is absolutely and completely unconstitutional and should have been struck down in its entirety. Chief Justice Roberts went out of his way to save it by accepting the government’s argument that the mandate could be viewed as a tax. In essence, this “law” was rewritten by the court to ensure its survival.
This tax/penalty applies to a certain class of people who by choice go without health insurance. It is enforced by the IRS, and don’t worry, it’s not really a large amount of money anyway. Gee, thanks. Roberts’ opinion (p. 32 of the Court document) states, “The question is not whether that is the most natural interpretation of the mandate, but only whether it is a ‘fairly possible’ one… As we have explained, ‘every reasonable construction must be resorted to, in order to save a statute from unconstitutionality’.”
Those who put their hopes in the federal supreme court to rescue them from the federal government are probably still in shock, but should have expected this outcome by now. The biggest mistake today is the assumption that the US Supreme Court has the final say on what’s constitutional, and the states must just sit there and take it. Not so.Details
Cross posted from the Pennsylvania Tenth Amendment Center.
There is a point that I think I’ve been trying to get to for much of the time that I’ve been working with the Tenth Amendment Center. Unfortunately, I don’t think I’ve done a very good job at getting there. I’ve written a few articles that skirted past it and danced around it, but I kept missing this particular target. It’s something that we probably all know, but maybe we don’t all know that we know it.
I got close to this idea it in The Individual and the Tenth, where I talked about the role of the individual in resisting the federal government during the “Whiskey Rebellion”. Apparently, though, I didn’t really have things clear enough in my own mind at the time, because I only got part way there. It came closer to the surface some time last year, when I drew up this diagram, intended to depict the proper Constitutional balance of power.Details
The Community Development Block Grant program is a perfect example of the blurring of responsibility between the federal government and the states. The program’s roots go back to the Great Society and the wishful belief that the problems of urban Americans could be solved with handouts from Washington. Instead, the program “has degenerated into a federal slush…Details