The Constitution, 'Constitutional Law,' and ObamaCare

[Geee]

American Thinker:

The hottest topic in America right now -- as I write this, the Supreme Court is about to begin hearing three days of oral arguments -- is the constitutionality of several aspects of the legislation called the Patient Protection and Affordable Care Act, better-known as "ObamaCare." Much of what has been written about this case is predicated upon the idea that it is "settled law" that Congress has "broad powers" to regulate interstate commerce. Supporters of ObamaCare jump from that premise to the conclusion that the Court must uphold the law, while opponents argue that although Congress has that "broad power," ObamaCare goes too far and exceeds the authority granted to Congress.

What must be challenged is the premise that the Constitution actually does grant Congress "broad power" over interstate commerce. The fact is that the language of the Constitution itself does not confer such power. Anyone who reads the document in search of a clear statement -- and the drafters were nothing if not clear, careful writers -- that Congress or the executive branch is supposed to have any power at all to dictate to individuals and businesses how they must act when engaged in "interstate commerce" searches in vain.

Instead, the supposedly broad powers to dictate to Americans how they must act, even to the point of demanding that they purchase particular products, is entirely an artifact of constitutional law. That is to say, in a number of its rulings about the meaning of the Constitution, the Supreme Court has said that the federal government has those "broad powers." It is easy to show that those rulings were erroneous, creating a wide divergence between the Constitution's plan for a republic with a separation of powers between the federal government and the states, with strict limits on the latter.

At the heart of the current dispute is "the Commerce Clause." Included in Article I, Section 8 under the powers specifically given to Congress, we find this language: "To regulate Commerce with Foreign nations, and among the several States..." Why was that inserted? James Madison later explained that "the Commerce Clause grew out of the abuse of power by the importing states in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the states, rather than as a power to be used for the positive purposes of the general government."

[clearvision]

I'm a little concerned if this gets overturned before the election it will be used by the left/dems as a huge rallying cry behind getting O another chance.

[raygun]

Jefferson_Barracks_storm_050609_lg by wxman1, on Flickr

[raygun]

How Paul Clement Won the Supreme Court’s Oral Arguments on Obamacare

By Jason Zengerle

 

Paul Clement has been receiving rave reviews for his performance during the second day of oral arguments over health-care reform before the Supreme Court. (“[T]he best argument I’ve ever heard,” SCOTUSblog Tom Goldstein raved on Twitter). But Clement’s finest moment may have come when he was completely silent.

 

A little more than two minutes into Solicitor General Donald Verilli’s turn at the bar, Justice Anthony Kennedy interrupted him: “Can you create commerce in order to regulate it?”

 

[Excerpted: read entire article at above link]

 

 

I watched the exchange on Charley Rose last night.

 

The guy may not be good on TV, but apparently can argue in front of SCOTUS.

 

The liberal state run media talking heads have got to be gob-smacked. I have a stack at leat 1/2' thick of envelopes from PBS asking for donations. They're all going to get sent back empty except the instert declaring that as long as Bill Moyer, Charlie Rose and most especially Tavis Smiley are products of PBS, they'll get nothing from my except activism to defund PBS in its entirely.

 

I thought Bill Moyer retired - good riddence - but he's back on the stinkin' PBS air again. He should be arrested and thrown in jail for assualt against reason. Bill Moyers is the epitome reason for my NEVER supporting PBS ever again.