Obamacare Is Going Down

[Geee]

American Spectator:

As we saw, the 11th Circuit U.S. Court of Appeals became the first federal appellate court to find the Obamacare individual mandate unconstitutional last Friday. I filed briefs in that case on behalf of the American Civil Rights Union urging that result. More important than the ruling is what the trend is showing. For all that matters in the end is what five Justices on the Supreme Court say.

One of the two judges voting to strike down the Obamacare mandate is Frank Hall, a Clinton appointee. She now joins her 11th Circuit colleague Judge Joel Dubina, appointed by Bush I, District Court Judge Henry Hudson, appointed by Bush II, and District Court Judge Roger Vinson, appointed by Reagan, in producing thorough, compelling opinions all agreeing that the Obamacare mandate violates the Constitution.

Commerce Clause Abuse

The Congress only has the powers specifically enumerated and granted to it in the Constitution. One of those is in Article I, Section 8, Clause 3, the Commerce Clause, which grants Congress the power "To regulate commerce… among the several states."

As James Madison explained in The Federalist Papers, that power was granted in the Constitution because under the prior Articles of Incorporation the various states started adopting protectionist measures against each other, disabling the national economy. Congress was actually granted the Commerce Clause power to put an end to this interstate protectionism and allow the emergence of a national economy, not primarily to grant Congress its own powers of interstate regulation (let alone the vast, unlimited powers claimed today). Madison wrote that the Commerce Clause "grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government, in which alone, however, the remedial power could be lodged." (The Founder's Constitution, Vol. 2, Art. I, Section 8, Clause 3 (Commerce).)

But, of course, the clause was turned around long ago to justify federal regulation, now claimed by President Obama and the Democrats to do so without limit. The question presented in the Obamacare cases is whether there is still any limit.

[Evad]

"As James Madison explained in The Federalist Papers, that power was granted in the Constitution because..."

 

The problem is the reasons why the Constitution was this and was that is meaningless to these judges. They legislate from the bench according to their personal agenda and they make up some theory about what the constitution says from thin air.

How else do you explain a 5-4 ruling on the 2nd amendment? It should have been 9-0 by any reasonable interpretation of the Federalist Papers intent or the Constitution intent.

 

ObamaCare will all be determined by how the swing judge feels when he wakes up that decisive day.

[Argyle58]

"As James Madison explained in The Federalist Papers, that power was granted in the Constitution because..."

 

The problem is the reasons why the Constitution was this and was that is meaningless to these judges. They legislate from the bench according to their personal agenda and they make up some theory about what the constitution says from thin air.

How else do you explain a 5-4 ruling on the 2nd amendment? It should have been 9-0 by any reasonable interpretation of the Federalist Papers intent or the Constitution intent.

 

ObamaCare will all be determined by how the swing judge feels when he wakes up that decisive day.

 

And, since the spineless House Republicans will not live up the the promise that they made to get elected to a majority have already reneged on their promise to defund OvomitCare, this "moderate" court is our last hope.......if it ever manages to get before them.