Tuesday, April 10, 2012

Out of Partisan Ambition, Supreme Court Must Strike Down ObamaCare

The United States Government has three branches, each of which competes with the others in order to prevent one group, one mass, one set of elites from taking control at the expense of the others.

One reason for creating the necessary factionalism, according to Madison, was to frustrate the nefarious elements of one faction taking over any one part of the government at the expense of the others, and thus harming the entire country with an agenda that would cripple liberties and bankrupt the state at the expense of one powerful minority or majority part.

In creating different elements of leadership and deliberation, the Framers wagered that the ambitions of  each group would clash against the others, thus frustrating any long-term projects and projected tyrannies.

With the element of institutional pride and prejudice considered, the Supreme Court now possesses another compelling interest not just to assess the constitutionality of ObamaCare, but to toss the legislation out entirely.

If the Supreme Court stretches the elastic clause to bursting, if the commerce clause loses its limiting power, then what role will remain for the Supreme Court in evaluating the intrusions of the federal government into interstate commerce? If one state differs with the federal government on the scope of its powers, and therefore seeks redress for grievances, the Supreme Court's opinion on the matter will  ultimately be moot, since the Supreme Court will have accorded unlimited regulating and police powers to Congress.

The Constitution as a limiting document, dictating exclusively what Congress may, while delegating all remaining powers and rights to the states and the people, will lose any value as a limiting instrument. Any offensive infiltration of the federal government in the commerce of the several states will supersede and succeeding court challenge. If Congress can legislate anything, then the principle of judicial review will maintain no sway whatsoever, and the nine justices of the Supreme Court will have no further office beyond arbitrating veteran's payments and adjudicating high crimes, misdemeanors, and treason against the United States.

If for no other reason than institutional vanity and the supremacy of dictating the proper role and defining limits of the federal government, the Supreme Court must strike down ObamaCare.

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