Friday, April 02, 2010

Obamacare and abuse of the Commerce Clause

Raich, sadly, has opened the door for a ruling in favor of ObamaCare’s constitutionality. And if that is indeed the outcome, the Constitution — by way of the Commerce Clause — will have, according to the court charged with materially upholding it, ruled itself effectively moot.
I agree. If the U.S. Constitution allows Obamacare to require Americans to buy a private product in order to qualify as a law-abiding citizen, then the U.S. Constitution declares itself moot. This means the Founding Fathers who created it also killed it off. The Founders would be surprised to learn this - as would every American who ever swore an oath to defend the Constitution.


DaGoat said...

Hey gcotharn, nice website.

This is probably the main beef I have with the HCR bill. Even if it's for the common good, is it constitutional for the federal government to compel citizens to buy a private product? It takes some real contortions to answer yes.

gcotharn said...

Thanks DaGoat.

B/c I respect your opinion, I'm glad we share opinions about this abuse of the Commerce Clause.

The Commerce Clause case will be a memorable SCOTUS decision. If SCOTUS is not prepared to stand up against an attempted abuse by the Legislative Branch: then what good is SCOTUS? and what good is the Constitution? It's time for Anthony Kennedy to declare himself: Constitution, or Georgetown cocktail party star? Stand up for generations of Americans yet to be born? Or narcissistically create himself into a cocktail party star for the 20 years of life which remain to him? Does Anthony Kennedy care about how history remembers him?