Things To Never Forget Now That the Supreme Court Has Approved Obamacare
by Charles Goyette: Trampled
Now that the
Supreme Court has given its blessings to Obamacare, mandates included,
here are six things you need to remember about where we are and
how we got here.
1. Chief Justice
John Roberts, the "conservative" who tipped the balance
in favor of Obamacare, is Mitt Romney's kind of Constitutionalist.
From Mitt Romney's campaign website, MittRomney.com:
Mitt will nominate judges in the mold of Chief Justice Roberts
[Roberts] hold[s] dear what the great Chief Justice John Marshall
called "the basis on which the whole American fabric has been
erected": a written Constitution, with real and determinate
meaning. The judges that Mitt nominates will exhibit a genuine appreciation
for the text, structure, and history of our Constitution and interpret
the Constitution and the laws as they are written. And his nominees
will possess a demonstrated record of adherence to these core principles."
(Courtesy of David Kramer at LewRockwell.com/blog)
2. The very
nature of government is to mandate. One who opposes mandates on
principal must oppose government. As George Washington has long
been reputed to have claimed, "Government is not reason, it
is not eloquence it is force! Like fire, it is a dangerous
servant and a fearful master."
3. In voting
to uphold Obamacare, Justice Ruth Ginsburg argued that the law should
be upheld under the Commerce Clause. And she thought to remind us
along the way of Mitt Romney's role in fathering this hideous creature:
most residents to obtain insurance, see Mass. Gen. Laws, ch. 111M,
§2 (West 2011), the Commonwealth ensured that insurers would
not be left with only the sick as customers. As a result, federal
lawmakers observed, Massachusetts succeeded where other States
had failed. See Brief for Commonwealth of Massachusetts as Amicus
Curiae in No. 11398, p. 3 (noting that the Commonwealth's
reforms reduced the number of uninsured residents to less than 2%,
the lowest rate in the Nation, and cut the amount of uncompensated
care by a third); 42 U. S. C. §18091(2)(D) (2006 ed., Supp.
IV) (noting the success of Massachusetts' reforms). In coupling
the minimum coverage provision with guaranteed issue and community-rating
prescriptions, Congress followed Massachusetts' lead."
(Courtesy of Robert Wenzel at EconomicPolicyJournal.com)
4. From Congressman
has a dismal record when it comes to protecting liberty against
unconstitutional excesses by Congress. Today we should remember
that virtually everything government does is a mandate.' The
issue is not whether Congress can compel commerce by forcing you
to buy insurance, or simply compel you to pay a tax if you don't.
The issue is that this compulsion implies the use of government
force against those who refuse. The fundamental hallmark of a free
society should be the rejection of force. In a free society, therefore,
individuals could opt out of "Obamacare" without paying
a government tribute."
5. In the national
debate over the Obamacare legislation before Congress in 2010, the
Republicans were reduced to accepting the statist presuppositions
of government interventionism. They wobbled about on their spindly
little legs, as the Republican National Committee advertising called
for a "responsible plan" and a "bipartisan plan."
With only the visible exception of Ron Paul, Republicans were incapable
of articulating an argument against accelerating American healthcare
on a statist, Soviet-style trajectory.
From the 1977
Constitution of the Union of Soviet Socialist Republics:
Citizens of the USSR have the right to health protection.
is ensured by free, qualified medical care provided by state health
6. And, finally,
a word for Bush appointee Chief Justice Roberts who voted with the
majority to uphold Obamacare. Obama had strenuously rejected any
suggestion that the mandate be considered a tax, and Congress itself
called the penalty a penalty. But Roberts was able to justify the
law anyway, writing a hair-splitting opinion, calling a penalty
clearly designed to control behavior, a penalty for not buying health
insurance, a tax.
Affordable Care Act is constitutional in part and unconstitutional
in part. The individual mandate cannot be upheld as an exercise
of Congress's power under the Commerce Clause. That Clause authorizes
Congress to regulate interstate commerce, not to order individuals
to engage it. In this case, however, it is reasonable to construe
what Congress has done as increasing taxes on those who have a certain
amount of income, but choose to go without health insurance. Such
legislation is within Congress's power to tax."
word for Roberts, from the American Heritage Dictionary, is "casuistry":
or excessively subtle reasoning intended to rationalize or mislead.
© 2012 Charles Goyette
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