As Barton Hinkle makes clear, each of the legal tacks being advanced to (potentially) legally justify a favorable ruling for ObamaCare advocates would confer such broad powers on the government that we as a country will have effectively (in my estimation) used our own courts to deconstruct the Constitution, rendering it a de facto legal document that grants the government unfettered power over the people who supposedly comprise it.
Formalism.
Don’t say I didn’t warn you.
Yup. Contra the comment on another post that upholding ObamaCare would leave the Constitution hanging by a thread, it would in fact cut the thread.
There’s a couple of amendments in the Bill of Rights that they’re going to have an awfully hard time getting around. Just sayin’.
This Supreme Court might be the last best hope. And that is depressing.
Squid, they’ll just re-interpret the whole thing out of existence. “We rule that the Constitution means the President can issue an executive order requiring everyone to buy health insurance, listen to gangsta rap, and eat arugula three times a day. So it is written.”
So let it be written, so let it be done.
Oh, they’ll never house soldiers in your home. And your right to petition for redress of grievances has never seen a more stalwart set of defenders than the American Trial Lawyers Association.
Yay! It wasn’t just a one-off. This morning NPR continues its “filthy mormons are the new filthy jews” campaign! Europe used to totally own this sort of space so it’s nice to see government-subsidized radio step up here at home. If you missed the campaign kick-off you need to go here. Let’s get with the program everybody!
more here
Small quibble: that should be “it comprises.” The people make up the government, not the other way around. Since this whole struggle comes down to whether we serve government or it serves us, I’m going to be picky.
Easy mnemonic: “Water closet toilet paper.” The Whole Comprises The Parts.
That said, I truly hope that there is a point at which even the judiciary will balk at giving the government unlimited power. An it would do that, give it not just more power but unlimited scope. Even the “living document” people should realize that this would finally kill the Constitution.
Kill the Constitution? That’s a feature, not a bug.
The manic mendoucheous meya is on another bender? Swell.
Yeah guys, meya is right on this one. Indentured Servitude is going to be awesome! We even get to see a doctor now and then. For free!
I think meya’s on to something.
as long as we’re compelled to buy products from other states it’s all good.
progress!
The mandate will be found constitutional if SCOTUS finds any precedential value whatsoever in that abomination of jurisprudence known as Wickard v. Filburn
– A lot will depend on the makeup of Congress in Jan, and whether or not, even if the GOP gains control, they have the spine to freeze implementation, and either repeal or gut/rewrite the bill.
– If those things do not happen I think this administration is crazy enough to try to maintain its position.
– However, the next question becomes, when does the most troubling parts of the bill go into effect. If its out closer to 2014, then a lot of alternatives may become possible.
So long as we have voices and weapons, the government shall not enjoy “unfettered” power over us. The Constitution is not the source of our rights. Even if it should fail in its role as the government’s governor, our rights remain.
If enough people remember their rights, and make known their willingness to defend them, this little train ride we’ve been on can end with a minimum of fuss and bother. As the point has been made so many times in discussions of foreign policy: the trick is making the other side understand that you will not lose. The bullies in Washington have no stomach for real conflict. Faced with a situation in which they can’t rely on lies and statutes to bail them out, they’ll fold.
If the patriots don’t stand up, and the bullies think they have the upper hand? God have mercy on us all.
Beginning with being compelled to not buy insurance from them. Just needa know the rules.
There’s a soft revolution coming in a few weeks. Kindly don’t push it, SCOTUS.
Squid: That’s easy for you to say. We all know you’re on the payroll of BIG PITCHFORK.
Violent revolution, hell, that’s just good for business!
this election season use only squid™ pitchforks and tar/feathers.
– SQUID™ pitchforks
The choice of angry crowds worldwide. Poke with confidence.
“We are partners with God in matters of
life and deathcommerce.”Don’t forget the new Squid™ Outdoor Torch 10 Pak!
Just $10.00 each and the 10th one is free!