The U.S. Supreme court announced today it upholds President Obama’s Affordable Health Care Act (a.k.a. ObamaCare) by a 5-4 vote. As such, the court is saying the Federal government is within its Constitutional right to force individuals by means of taxation to buy health care insurance.
The Supreme Court is wrong. The Congress of 2010 was not acting within its limited and enumerated power in creating and passing the Affordable Health Care Act bill. The bill, signed into law by President Obama, is not Constitutional.
Do we deem the law constitutional on the grounds the Supreme Court upholds it to be so? Technically, yes. But why, if clearly the law is unconstitutional? That’s a good question, but that’s the wrong question to be asking. The question rather, is the court doing its job? And if so, how could this happen?
Hamilton, Federalist Papers #78. “No legislative act, therefore, contrary to the Constitution, can be valid.” Congress cannot be constitutional judges of their own laws. “The interpretation of the laws is the proper and peculiar province of the courts.” When there is an irreconcilable difference between the court and congress, the Constitution stands superior to new laws, and the will of the people stands superior to that of their congressional representatives.
The job of the judiciary branch is two-fold. One, to interpret the law. Two, to provide a check on the encroachment of Congress and Executive branches against individual liberties. In this, the Supreme Court has done its job according to the U.S. Constitution, albeit badly. They are charged with ruling on matters of law, and they have done so.
How could ObamaCare be deemed Constitutional? We need only look in the mirror to answer that question. We are to blame—we the people. We voted for radical leftist President Barack Obama who nominated radical leftist judges Sonia Sotomayor and Elena Kagan. We voted for liberal and progressive Senators who confirmed the nominees. We voted for progressive George W. Bush who nominated progressive justice John Roberts. We voted for liberal progressive Bill Clinton who nominated liberal progressive justices Ruth Bader Ginsburg and Stephen Breyer. These are the 5 justices who interpreted the Affordable Health Care Act Constitutional.
The Affordable Health Care Act is a liberal progressive socialist program contrary in every respect to the principles of limited government and U.S. Constitution. Is it any wonder these justices voted as they did? Nay, they voted as we asked them. We as a people practically begged our presidents, congressmen, and justices to ignore the Constitution and give us state-run health care. This is where we’re headed, the United States without a U.S. Constitution.
I also contend the 5 justices voting to uphold ObamaCare do not believe in the U.S. Constitution. I think they simply voted in favor of the law because they personally think state-run health care is a good idea—Constitution be damned.
People are scared. Health care is expensive. Problems exist. People feel insecure about their health and medical well-being.
Our founders were steeped in human nature, faith, history, and governance. They knew well our human brokeness. And by extension they knew also the nature of government is to grow and grow and grow ever more in power, scope, and influence. Sadly, many of us voluntarily give up our Constitutionally protected individual liberties. Per Benjamin Franklin, “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”