Thursday’s shocking Obamacare decision caused me to reminisce about my time on the federal bench ten years ago. When I was a United States Magistrate Judge, I took the same oath of office that every federal judge and justice in the country swears to. I swore to “support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same. . .”
That oath is anchored to the phrase, “Constitution of the United States.” If the Constitution changes over time by an activist majority of the Supreme Court, then my oath was essentially an oath to the Supreme Court, not to the Constitution. Of course, that’s not what the Founders intended. The Supreme Court was never designed to be the pinnacle of federal power.
But that’s where we are today. Chief Justice John Roberts, appointed by President George W. Bush in 2005, wrote the 5-4 opinion saving Obamacare and causing President Obama to declare “victory” and pundits to say that his administration has been “vindicated.” Incredibly, Roberts determined that the government, under its taxing power, has the right to “impos[e] a tax on those who do not buy [a] product,” in this case, health insurance.*
From the bench Thursday, Justice Kennedy issued a scathing denuciation of Robert’s reconstruction of Obamacare: “The majority rewrites the statute Congress wrote … What Congress called a penalty, the court calls a tax.” He concluded that “The law is invalid in its entirety.”
The chief justice’s rescue of the individual mandate is a massive expansion of federal power, now permitting the federal government to regulate, by taxation, its citizens’ “failure to act” or passivity. I challenge you to go back to the first 150 years of U.S. jurisprudence and find any Supreme Court opinion that would suggest such a construction of Congress’s power to tax and spend under Article I, Section 8 of the Constitution.
In his powerful dissent, Justice Scalia agreed that this power grab was unconstitutional:
What is absolutely clear, affirmed by the text of the 1789 Constitution, by the Tenth Amendment ratified in 1791, and by innumerable cases of ours in the 220 years since, is that there are structural limits upon federal power—upon what it can prescribe with respect to private conduct, and upon what it can impose upon the sovereign States.
And then the zinger:
Whatever may be the conceptual limits upon the Commerce Clause and upon the power to tax and spend, they cannot be such as will enable the Federal Government to regulate all private conduct and to compel the States to function as administrators of federal programs.
In other words, when the federal government is allowed to tax non-activity, what powers are left to the states and the people under the Ninth and Tenth Amendments? Not much.
But even more basically, Roberts and the four more liberal members of the bench are all starting with the assumption that the federal government can tax and spend for things outside of its enumerated powers, misconstruing the “general welfare” clause of the Constitution. James Madison apparently disagreed, suggesting that the clause “amounted to no more than a reference to the other powers enumerated in the subsequent clauses of the same section.”
Not anchoring the general welfare clause to the enumerated powers enables virtually unlimited federal spending/taxation power and is completely contrary to the whole nature of the Constitution: a document designed to restrain the federal government, retaining all unspecified powers to the states and people.
The Roberts decision reflects that any faith in the Supreme Court to solve our nation’s problems is misplaced. We must engage like never before. Reject the LSM, rely on solid Internet news sources, support a Tea Party congressional candidate, engage in vote integrity efforts, and reflect upon the moral crisis we’re facing. A massive victory in November will put today’s defeat in the proper dustbin of history. But unless we rapidly correct the downward spiral, there won’t be much left for future generations.
***
Author’s note: To his credit, Chief Justice Roberts did reject the Commerce Clause as constitutional authority for Obamacare.
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Photo credit: terrellaftermath
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Actually all the SCOTUS justices are liars, Kennedy and Scalia not to even mention the others. I trust any of’em bout as far as the end of my nose…
Wanna know why? Read this repost from “America: Her Call and Her Destiny”. If if had not been Kennedy and Scalia dissenting, there would be someone else to trade their places. Like I say below, their opinions vary from day containing NO basis for strictly interpreting the US Constitution.
For those still following my posts it should start becoming apparent as to why the SCOTUS made the ruling that it did concerning HealthCare, as well as most all other decisions it’s made in the last 150 years.
You’ve seen me mention the fact that people interpret the US Constitution as a Living Document and you’ve read my assertion that the USA is no longer a Republic but rather a Federal Democratic Union.
Accepting those statements one should realize that SCOTUS interprets the US Constitution as a Living Document just as Abraham Lincoln set the first precedent in doing so in justifying his attack on South Carolina and the South in general. As time elapsed more and more it was taught in education that the US Constitution is a living document and eventually that it was NOT to be interpreted strictly.
Because the above is true it has made it possible today for the courts, congress and the president, to all interpret the US Constitution any which way they desire in order to satisfy their goals and intents. The SCOTUS as well as all other courts has become a laughing stock with their asinine ways and abilities at how far they can twist and reinterpret the US Constitution.
So the courts have changed from their original intent of making sure the Constitution is interpreted strictly, that NO language is added to anything that would allow further reinterpretation, instead arguing and deciding how the reinterpretations can be twisted and further construed to enhance already existing laws. Sadly the other two branches of government are no better…. Now you know why the HealthCare Law passed congress, was accepted by the POTUS and why the SCOTUS upheld it. With a living document almost any interpretation is possible on a given day.
As for my sig, “Deo Vindicabamur”
Originally near the end of the war, the CSA was seeing the handwriting on the wall, that defeat was eminent. In a last act of dignity and desperation they had the motto placed on their flags, “Deo Vindice” which means
God Will Vindicate us.. (For they knew an innocent people had been conquered and destroyed. God was now to be their only redeemer.
They placed the their last bit of faith in Him.)
I am here now to tell you that God is going to honor that pledge and oath. That they were right and that an innocent people was conquered, looted, plundered, raped and destroyed. And I am gonna prove it to you by what I write, while God will do the rest.
The motto, “Deo Vindicabamur” means, God IS Vindicating us!
Or something very close to it according to interpretation.
Many of you will laugh at this and some will think I’m crazy for stating such..
So be it, as I’m not here to please everyone.
All humanist and liberal historians will not publicly debate a conventional historian, especially and specifically a Southern one. They fully know in doing so their ideology of interpreting the US Constitution as well as history in general will NOT stand up in debates and under scrutiny. This is why you see the racially motivated name calling and slanders against true conservatives, as well as the censorship against them. The topics and subjects MUST be changed in order to divert attention from their losing their arguments! So instead of me publicly debating these humanist and liberal professors which shun me, I am regulated to coming to forums and simply trying to educate the ones who wishes to hear the other side… at least giving some time to the matters at hand.
Michael- Deo Vindicabamur
Hi Michael! I love hearing you educate those who would hear! Keep it up and keep the Faith, Brother.
Deo Vindicabamur! I love it and if you don’t mind, I’d like to pass it on to others when I communicate with them.
Here’s a little tidbit for you: up until August of last year, I called myself an atheist. You would never know it now by the way I choose to live and speak, obeying my Father in my affairs and sharing His Plan of Salvation with those who care to know.
Teri Varga
McSherrystown, PA
Hi Tish,
Well thank you for the kind words.
Everything I write I do in hopes that it will be passed on.
That in itself is a compliment… So, please do, pass on anything I write.
It’s heart warming to see someone new find Christ.
That being true, all you have done is admit what was inside you since before the beginning, but now realize it. It’s the beginning of understanding a whole new world. But beware of those that tell you theirs is the only to Heaven, and that you must believe what they do, for that is NOT true. While there is but one way to Heaven, only God can point you in that direction and accordingly only your heart can tell you if something is right.
I say this because most Christian Churches have lost their way in preaching and teaching the true Grace from God. It has become a business to them, just as it had become in Jesus’ day. Many people look negatively at Christianity today because so many of the denominations are so self-righteous… And the humanists have a field day in mocking this self-righteousness of these churches. When you find a church that preaches Grace and does not try and force “their” beliefs upon by claiming it is Scriptural or from God, then you’ve probably found a decent church.
Oddly and sadly it was the Puritans that started the country on this slippery slope of self-righteous religion and it has also helped destroy a country…
Michael– Deo Vindicabamur
Obamacare IS unconstitutional. Everything about it is — the way it was passed, or forced thru Congress and the unjust decision by the U.S. Supreme Court. I have no respect or faith in the U.S. Supreme Court. They are a bunch of black-robed ninkapoops who have no regard for Justice or the God-given U.S. Constitution. America has been living under judicial tyranny ever since the U.S. Supreme Court legalized child-killing, wrongly called abortion, in 1973 under a lie. Now, these black-robed liars/tyrants gave our federal government tyrannical power to rule us/enslave us. See website: http://www.haasstrep68.com
It was also signed by an unconstitutional President. The SCOTUS just wrote law they are to interpret law.
Exactly right. If we had anyone in our Congress with just a half of set of cajoles they would have jumped on this as soon as Roberts read it.
Joe, you’re absolutely correct. Further, the massive Obamacare bill was largely drafted and coordinated by the SEIU and its leader Andrew Stern, a frequent White House visitor. Stern is a communist. The SEIU and ACORN were started and directed for thirty years by the communist Wade Rathke. The communist dictator Fidel Castro was delighted and praised Obama on the bill’s passage. Get the picture? This isn’t about health care. Communist sociopaths have never cared about anyone’s health. Obamacare is simply another pretext for population control, i.e., incremental dictatorship by misfits, incompetents, and gangsters. And we’ve allowed it. Not on my watch.
My website: http://elect.ErnestHuberForCongress.com/
My video: http://www.youtube.com/watch?v=NnYLuNlgfFs
What about the “death panels”, excess taxes when you sell your house and numerous other unconstitutional additives to this bill. Unless obamacare is repealed, the average Ameican wil be fed to the wolves.
he scum in the supreme court just turned the entire package lose on the American people.I you want to know what you are in store for [READ!!] the Affordable Care Act. I doubt if there are but maybe a few that are going to like what’s in there. The SCSOTUS ahs just completely screwed the middle class of this country.
That idiot Roberts knows exactly what he’s done. You can tell that by the stupid look that was on his face. Another narcissistic maniac just like the idiot in the oval affoice.
There are several ways of looking at this mess…..one is that Obama and company says it is not a tax after the judges ruled it was…..so in that case it is an unconstitional law and is void if this is what Obama runs on….two..maybe the judge did us a favor by ruling for the bill….when Obama came out and gave his speech, his face was dragging the floor..he knew that now he had nothing valid to run on because 70% of the people did not want this type of healhcare…three…if he had lost, he could run on changing the bill to lie and make everone think he was doing a good deed for them and get their vote….and then there is Holder who is a ball and chain around his neck….Nov will tell the story…hang in there.
Okieflash – excellent points!
Joe Miller – thanks so much for your enlightening comments. I am passing them along to my family and friends and will reflect on them again and again.
God bless you,
Teri Varga
McSherrystown, PA
Democrats cannot run any program the right way. They are the most corrupt liars I have ever seen. The Democrats are the ones that abuse their power. Look at who government workers (public employees) are…they are union workers. In my personal experience if they are running a program they will abuse their power to make you go along with them, to coerce you, to threaten or intimidate you. They do this with the Food Stamp program, nice ………a bunch of democrats will cut off your food if you do not support them, or to punish you, aren’t they always saying republicans do this??????? Now these are the people that are going to be in charge of your health……………..these Nazi’s. ——- YES THEY ARE NAZI”S —–When my 72 year-old father was sick in the hospital…. he had suffered a heart attack, he was also diabetic, it was a county hospital… my brother and I went to see him. He had not eaten all day -he had some tests in the morning-he was diabetic, he had asked for something to eat….the (union) nurse ignored him did not bring him anything. When we got to the hospital he told on the nurse to us, when we confronted her and made it clear my father needed to eat…..she got mad at my father because he had told. Wow a heart attack victim in the hospital was hungery, and the (union) nurse that was responsible for him got mad at him!!!! All she would bring him to eat was two pieces of toast- to get even with him for complaining. Isn’t it nice how this democrat and (union) nurse can be so selfish and worried only about herself… (when she is the one doing something wrong) that she chooses to punish a 72 year-old man who is laying in a hospital bed from a heart attack. By the way my dad ended up dying in there he never left the hospital. It is puzzling to me how he ended up dead!!!! These are the people that are going to be in charge of administering this program, everyone across the country should be afraid. Hitler started out with making laws that had to do with peoples health!!!!
LATINOS FOR HONEST GOVERNMENT
Help us to spread the truth, pass this on and help us to take our country back.
http://www.westernjournalism.com/
The Obama care decision is in fact a political ideology that ones again trashed our Constitution.
Fellow Americans, the Obama administration is an arrogant and out-of-touch government of self-appointed elites that makes decisions, issues mandates, and enacts laws without the consent of the people or accepting or requesting the input of the people of this United States. Obama the self proclaim unchecked Dictator, with a compliant legislature, and an overreaching judiciary have combined their power to demise our Constitution and thwart the will of the people and overturn their votes and their values, striking down long-standing laws and institutions and scorning the deepest beliefs of the American people. Taxation. Obama-care, Rising joblessness, crushing debt, and a polarizing political environment are fraying the bonds among our people and blurring our sense of national purpose.
Fellow Americans, nothing matter but our U.S. Constitution, we must defend it before this corrupt system of government destroy our freedom and liberty. On July 4ht on celebration of our independence we must pledge to dedicate ourselves to the task of reconnecting our highest aspirations to the permanent truths of our founding by keeping faith with the values our nation was founded on, the principles we stand for, and the priorities of our people. This is our Pledge to America. We pledge to honor the Constitution as constructed by its framers and honor the original intent of those precepts that have been consistently ignored – particularly the Tenth Amendment, which grants that all 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. We pledge to stop the corrupt lawyers of this United States from trashing our constitution with their ill legislations that demise the rights of the people, we honor families, traditional marriage, life, and the private and faith-based organizations that form the core of our American values.
The need for urgent action to repair our economy through a fair trade policy, to enforce our immigration laws, to protect our people by securing our borders and stop our government from military intervention on the pretense of national security and best interest of this United States, and reclaim our government for the people cannot be overstated. Like free peoples of the past, our citizens refuse to accommodate a government that believes it can replace the will of the people with its own. The American people are speaking out, demanding that we realign our country’s compass with its founding principles and apply those principles to solve our common problems for the common good.
Fellow Americans, America is more than a country, it is freedom and nothing matter but our Constitution. In order to preserve our freedom, We pledge to make our government more transparent in its actions, careful in its stewardship, and honest in its dealings. We pledge to advance policies that promote greater liberty, wider opportunity, a robust defense, and national economic prosperity.
We pledge to uphold the purpose and promise of a better America, knowing that to whom much is given, much is expected and that the blessings of our liberty and the hopes of Americans is not place in jeopardy by greed nor corruption. We make this pledge bearing true faith and allegiance to our country the The Unite States of America, and we invite fellow citizens, permanent residents of our country of all nationalities and our American patriots to join us in forming a new governing agenda for America.
We must strengthen the federal government by redirecting its time, energy and resources toward those objects for which it bears express constitutional responsibility. Our Government is a government of limited and enumerated powers. The power not delegated to the federal government by the written Constitution is reserved to the states or to the people respectively.
We must stop the trashing of our Constitution at all cost.
The Fredom Movement – posted by Juan Reynoso
http://www.usconstitution.net/consttop_reli.html
RICO act. Well, it looks to me like the congress, the white house, and justice department and every single department of the federal government of the United States is and has been a criminal organization and every member of congress, everybody that works in the white house and the justice, every single worker for the federal government at every level should be arrested and charged under the RICO act as an ongoing criminal organization. Just like the drug dealers and anybody else that has been charged under that act. They have been lieing, stealing and cheating the Natural Born Citizens of the United States of America. I can’t see any difference between them and the Mafia, if there ever was such a thing, or Motorcycle “Gangs”, or Gun Smugglers, Drug Smugglers or any RICO defined organization. When convicted ‘All’ their assets and I mean everything they own should be confiscated and put in the general fund to help the needy Natural Born Citizens of the United States of America. Everything they have was derived from their criminal activity while working in the federal government. That includes all of their kids’ stuff and of course the wives and mistresses property.
@jazzridez
My grand dad worked for the National Parks Service for almost 50 years, retiring as a regional director in the 60′s. He said the only difference between the government and the crooks was one had a license to steal whereas the other did not. That it was depressing at times to see what they did. –Remember, this was before the 1970′s!–
Michael– Deo Vindicabamur
Where, OH WHERE, are the military top brass? Our they more concerned about possible loosing their retirement than they are about loosing this nation and our freedoms? We know there are no true Patriots in the senate nor in the congress, have we none in the military too that are conerned about the destruction of this government.
@watchman48
Know that the longer this goes on, the faster and more the military’s top brass will be composed of humanists and Marxists just like everywhere else. As the old timers retire the new blood comes in and that new blood composing the top brass is just as evil as their mater politicians. So the military is not such a good place to look for proper Constitutional support.
They’re being assimilated….
Michael– Deo Vindicabamur