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Politics Constitutional or Not, Obamacare Has To Go

 

Is not doing something the same as doing it, and should government be allowed to force you not to do the thing you‘re already not doing by making you do it so you don’t not do it anymore?

That is just one of the perplexing legal questions the Supreme Court will likely find a way to say “yes” to in July after it wrestles with the constitutionality of Obamacare.Constitutional or Not, Obamacare Has To Go

Once the court upholds the individual mandate — a provision that allows politicians to coerce citizens to purchase products in private markets (or, in this case, state-backed monopolies) — we will have precedent that puts few limits on the reach of Washington and crony capitalism. And beyond policy, Obamacare demonstrated why we should be cynical about government.

I suppose it starts with process. Obamacare was shoved through the sludge of parliamentary trickery, lies, horse trading, cooked-up numbers and false promises. Even after waiting to see what was in the bill, as Nancy Pelosi suggested, there was a historic electoral backlash. (Some people just don‘t know what’s good for them.)

As for the court’s decision, it probably won’t imbue many people with any more confidence in process. Supreme Court Justice Elena Kagan — only recently charged with defending the administration’s positions in federal courts as solicitor general, working there while the health care law was being written and picking the legal team to defend it — will be rendering her entirely untainted decision on the matter.

Nor, as we learned this week, is it reassuring to find out that while the House was debating passage of Obamacare, Kagan and well-known legal scholar Laurence Tribe, then in the Justice Department, did a little dialoguing regarding the health care vote, and according to documents obtained by Media Research Center, Kagan wrote: “I hear they have the votes, Larry!! Simply amazing.”

Nothing says impartiality like double exclamation points!!

Supreme Court judges are under no legal obligation to recuse themselves from any case, mind you, though the U.S. Code has some rubbish about a judge’s disqualifying himself “in any proceeding in which his impartiality might reasonably be questioned,” especially when the person in question has previously served as counsel or witness in the same case or has expressed an opinion about the outcome.

Why all the distrust and cynicism, you ask? We can trust judicious elected officials not to abuse legal precedent and pass legislation that micromanages the lives of citizens. They would never force Americans, for instance, to purchase broccoli (though when this was hypothetically suggested to then-nominee Kagan, she saw no legal hurdle) or decree exactly what sort of light bulbs a citizen can purchase.

The Supreme Court may find that the commerce clause has omnipotent powers because in the age of hyper-trade and globalism, everything touches everyone and everything is interconnected. Health care is a necessity. Like food. Energy. Housing. All of it up for grabs. The court may find that if an individual acts irresponsibly — or just acts in a way the majority deems unhelpful — he can be impelled by the state to partake in the plans of the many.
Judges can come to any decision they’d like, but Obamacare is an affront to the spirit of the Constitution. People just need to be reminded.

Now, numerous news organizations have falsely reported that the Supreme Court agreed this week “to decide the fate” of Barack Obama’s health care policy. Fortunately, the fate of Obamacare can still be decided by voters and — more likely, in time — by its overwhelming fiscal and moral failure. The court does not historically like to strike down federal legislation. Those who oppose Obamacare might hope for the best in July, but rather than stake their argument solely on the constitutionality question, they should be prepared to fight on grounds of bad policy and corrupt process. They have a strong case to make.
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David Harsanyi is a columnist at The Blaze. Follow him on Twitter @davidharsanyi.

Comments (9)

  • war7412
    Posted on November 17, 2011 at 7:32pm

    The Supreme Court is a JOKE, Obama is a JOKE, Pelosi is a JOKE…WASHINGTON is a JOKE……..Throw them all OUT………2012 is coming., And by the way OBAMA is in BALI….Vaction AGAIN ??????????????????????

    Report Post »  
  • lovemynation
    Posted on November 17, 2011 at 3:14pm

    We knew this was coming. Obama and his minions haven’t been silent on their true feelings about this nation or its citizens. They won’t be happy until the free America has been destroyed and their govt dictated, bankrupt, impoverished, Utopia is built upon the ruins of our great nation. Im sure that they all gather at the weekly WH parties to discuss just how well their destruction is going. Between the marxist public school system, the leftist Supreme Court, the DOJ, who can’t sue enough of us to be happy, the DOE handing out tax revenue like its free, and all the anti-american left Dems in Congress and throughout state and local govt powers, the citizens don’t stand a chance. Until the people get off their butts, pay attention and vote these jokers out, America will continue to be dismantled piece by piece. How many ways can they use to show us that they neither care to hear or even want to hear our opinions,concerns or the hardships we bear? They have shown that they only care about removing our money from us, to give to whomever they please and signing our names to their debts. Yeah, after almost 40 yrs of the left holding one or both houses of Congress for most of those years, Im ready for a change I can believe in and the Dems and anti-american lefties aren’t it.

    Report Post »  
  • changedone
    Posted on November 17, 2011 at 7:56am

    Even if the Supreme Court (which might as well include Diana Ross, get it? Supreme Court?) says that the Health care law is consitutional, the states may choose to fight the Individual Mandate portion of it on the basis that it breaks US anti-trust laws against creating monopolies.

    Report Post »  
  • SerikFox
    Posted on November 16, 2011 at 3:07pm

    The supreme court disgusts me. Such a supreme abuse of power. They are there only to check the legality of things according to the constitution. They have failed miserably.

    Report Post »  
  • paulz83toy
    Posted on November 16, 2011 at 1:18pm

    I said along time ago that fat prostitute elena kagme would be seriouws problems.obummer put her or it there for a couple of very specific reasons,cause we all no she did not have the jurisprudence experience to even be considered to wash the justices feet.

    Report Post »  
  • I_am_a_53percenter
    Posted on November 16, 2011 at 12:50pm

    Obama will not care what the SCOTUS says in their opinion. He has made it clear that he will go around Congress when he deems it necessary. So what is the big deal about going around the Court? After all, the Court has no enforcement power. Congress has the power to do something about it and it is full of spineless slugs that will do nothing.
    A clean sweep of the Senate (60 republicans minimum) and Presidency in 2012 is the only way to get rid of Obamacare.

    Report Post » I_am_a_53percenter  
  • dman78
    Posted on November 16, 2011 at 9:54am

    We are required in many states to have motor insurance in order for us to drive; if you don’t have insurance you have two options, don’t drive or get fined. This mandate is not required unless you own a veichle or you plan on driving your veichle. It would be unpleasent if you decide not to drive, but that is your option, and you wouldn‘t be fined for not having insurance even if you don’t drive. In this, there is no Constitutional issues; however, requiring everyone to have health insurance or you will get fined is very unconstitutional…the governement has no right to tell someone they have to have medical insurance. We already are taxed to have medicare and medicaid, and social security is also used to provide long term medical leave, those also have some constitutional conserns, but this mandate is beyond the scope of our elected officals.

    Report Post » dman78  
    • OniKaze
      Posted on November 16, 2011 at 10:51am

      I can’t remember which Democrat said it, but about a year or two ago, a reporter asked him, “If the government can force people to do this, is there anything the government can’t do to us?” to which he gave a simple reply… “No!, the government can do pretty much whatever it wants…”

      Remember, many of these people believe they are above the law (since they write them for US not for themselves) and if you read many of the laws passed in D.C. you will notice that the law does not apply to members of the US Government.

      Just a warning to you sir.. The Government will continue to rape is citizens until that citizenry decides to stand up and not take it anymore. Its been a while since our countries last revolution that overthrew an over-reaching government… Maybe its about time for another.. Think seriously, and pick your side.. Because soon, you WILL HAVE TO PICK A SIDE. And there will be consequences to that decision.

      Good Luck to us ALL!

      No Sympathy, No Remorse, No Regret!!

      Report Post » OniKaze  
    • fdgifford
      Posted on November 16, 2011 at 12:51pm

      Have you seen Professor Tribe’s interview on Charlie Rose this week? The most revealing parts are:
      1. His surprise on how much time the court is giving to arguments. (5 hours over 2 days)
      2. His review of the 4 areas they are reviewing.
      3. His opinion that any determination that the law is unconstitutional would be the biggest decision since the “new deal” decisions in the 30s.

      That tells you just how far the over-reach really was. He does not have the packed court FDR had so they are not sure what will happen. The real questions is how they spin the decision either way as a political victory.
      As a health benefit plan expert, it appears they have destroyed the “group” health insurance market either way. The solution will be further reforms, open state markets for increased compensation and innovative leaders embracing the new alternative healthcare strategies available even today.

      Report Post » fdgifford  

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