Oral arguments over the constitutionality of the Patient Protection and Affordable Care Act are wrapped up. The Supreme Court is expected to issue its ruling in June. In the meantime, conservatives, constitutionalists and libertarians will anxiously await the Supreme Court’s decision, hoping that the justices find the mandate unconstitutional. They should be hoping for the opposite.

To be clear, the mandate is absolutely unconstitutional. The commerce clause was never intended to allow the federal government to micromanage every aspect of commerce (it was intended to allow Congress to “make regular” commerce between the states by prohibiting tariff wars between them), and the power to tax does not carry with it the power to compel a purchase that otherwise would not have occurred.

Constitutionally minded individuals generally agree with that argument, and therefore want the Supreme Court to rule against the mandate. This is understandable, and a nearly universal opinion amongst this group. But in the long run, the goal of upholding the Constitution and promoting conservatism or libertarianism would actually be better served by the court declaring that the mandate is constitutional.

Too many Americans today wrongly believe that the U.S. Supreme Court is the sole and final arbiter of what is or is not constitutional. Questions of a law’s constitutionality thus become held hostage to the opinions and preferences of a small, elite group of lawyers dressed in black robes who are expected to keep the rest of the federal government in check — as if in a battle between the states and the federal government, a branch of that very federal government would be completely free of any conflict of interest.

READ MORE AT THE DAILY CALLER


Concordia res parvae crescunt


Small things grow great by concord...

Tenth Amendment Center


"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."


FOLLOW US

Get in Touch

11 + 6 =


MAIL:
PO BOX 13458
Los Angeles, CA 90013


PHONE:
213.935.0553

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

LEARN MORE

01

Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles

02

Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog

03

State of the Nullification Movement

108 pages. History, constitutionality, and application today.

get the report

01

Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty

02

maharrey minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens.

maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues – history, and application today

TENTHER ESSENTIALS

Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!

JOIN TAC

01

The 10th Amendment

History, meaning, and purpose – the “Foundation of the Constitution.”

10th Amendment

03

Nullification

Get an overview of the principles, background, and application in history – and today.

nullification