On Monday, oral arguments will begin for the Patient Protection and Affordable Care Act, a case which will demand arguably the most important ruling the Supreme Court will make in a century. And the Court’s decision on the constitutionality of ObamaCare’s individual mandate will indeed be that important; for a finding that it is constitutional and may therefore be implemented would provide the federal government unlimited, dictatorial power over the lives and actions of the American people.
The 11th Circuit Court of Appeals found the individual mandate unconstitutional, ruling quite correctly that the Article I, Section 8 Commerce Clause powers of Congress upon which Obama’s handlers had depended for the authority to force certain Americans to purchase unwanted healthcare did NOT provide such authority after all.
And as the argument made by the 11th Circuit in its 305 page decision was brilliant and almost certain to influence the thinking of the 5 members of the Court who still believe the United States Constitution rather than the Little Red Book to represent the law of the land, Obama’s Department of Justice lawyers were forced to invent a new method for allocating Congress the power necessary to impose the mandate. The non-existent “penumbras” magically created by the Burger Court to justify Roe v Wade were not likely to work this time.
So DOJ attorneys have decided to apply the “necessary and proper” clause, which provides Congress the authority to make all laws “necessary and proper for carrying into execution the enumerated powers of Congress,” such as the power to regulate commerce!
The DOJ took this tack because in 2005, Justices Scalia and Kennedy sided with the Court’s Marxist left in deciding the California case Gonzales v Raich. In his concurring opinion, Scalia re-affirmed the vast authority of Congress under the necessary and proper clause, writing that it “empowers Congress to enact laws in effectuation of its enumerated powers that are not within its authority to enact in isolation.”
Clearly, this is a striking statement and one which might well excite the imagination of DOJ attorneys. For it appears to provide Congress the right to enact even questionable laws in order to support the exercise of an enumerated power.
But prior rulings notwithstanding, the issue of Obamacare is a simple one: will the Supreme Court award Congress unlimited power over the lives of the American public? There could be no greater act of violence against the Constitution, the republic, and the people than one which would afford Congress such dictatorial authority.
As National Federation of Independent Business attorney Karen Harned says of DOJ representatives in the various Obamacare lawsuits, “what we have seen in all the cases, the one question they cannot answer is ‘Where does it end?’”
“When appeals court Justice Laurence Silberman asked Deputy Attorney General Beth Brinkman if requiring Americans to buy broccoli would be unconstitutional, she answered—‘No. It depends.’ ”
Disgraceful. And frightening. If Obamacare and its individual mandate become law, the right of Americans to engage in civil disobedience will become absolute. For no act could be considered too severe and none ruled illegal as the right of the nation’s highest court to interpret the law or dispense justice would be forfeit.
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http://www.petition2congress.c…
Go to this website and sign the petition to vet Obama and check into his eligibility to be president. The lame stream media never vetted him in 08 and neither did congress.
Copy and paste this website and send to your mailing list. Increase the pressure!
Is anybody investigating why clicking on the website link yields a “Server not found”?
DOJ and the White House have probably blocked it. I can’t get to it either.
Use the Bing search engine. go directly to petition 2.com. Its up I did so about 20 minutes ago. Its first in a long list. Just can’t pick it up from here.
Well I’ll tell you, if they ok this stupid law I will NOT OBEY FK them. I refuse. Anyone in Washington seeing this I refuse absolutely. Throw me in jail you pricks. I’ll get free health care in there. Freakin commy bastards.Obama care cannot be Constitutional because the forger in chief is a liar and a forger and he is NOT A LEGITIMATE PRESIDENT.!! Any law he signs or passes is not valid. I do not recognize this punk as my president.
be Cool my Constitutional Loving Brothers & Sister of Freedom. Let us all come together & pray that The Lord will deliver us frrom this unrighteous law of the Obama Administration, the Believe with out Doubt, and if we all do this, I believe that God will do this work for us. God Know’s what is going on, and all we must do is stand believing, there is nothing you & I can do anyway, we have don all that we can, so the word of God say’s Stand, and that is what I am going to do, stand Believing, then let God do the rest. God Bless Yaw’ll.
I don’t think they can use the Commerce gimmick as they have excluded certain groups like government and SEUI workers. If they are not applying the law to everyone then how can they say it is an intrastate law? That would be like saying the commerce law does not applying to all trucking companies.