Posted 2:14 am Friday, July 06, 2012
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Editorial Missed Supreme Court Significance, July 6
Your editorial of July 29, “Obamacare Is Now Law Of The Land,” misses the significance of what transpired when the Supreme Court upheld this statute. The Court’s ruling didn’t simply throw the fate of the statute back into the political arena, it traded a certain outcome for an uncertain one, and weakened the Constitution.
Regarding the first point, four of the court’s justices were prepared to strike down the entire law. Had Chief Justice Roberts elected to side with this group, Congress would have had to go back to the drawing board and craft a new bill — hopefully one reflecting bi-partisan input. This, in my view, would have been the best possible outcome. However, because Roberts chose to align himself with the court’s four progressives, the only remaining option for getting rid of Obamacare is to defeat President Obama and elect super majorities in both the House and Senate. How likely is this to happen? As time passes, Obamacare’s tentacles will extend farther and farther into the bureaucracy.
Regarding the second point, what Roberts did weakens the Constitution in the following manner. While he set some limits on what the federal government can do under the commerce clause, he broadened its taxing authority. The Constitution empowers Congress to impose three types of taxes: direct taxes, excise taxes, and an income tax. The “tax” in Obamacare doesn’t fall into any of these categories. Roberts violated his oath to uphold the Constitution, and now we must all suffer the consequences.
Cliff Hickman
Henderson
Regarding the first point, four of the court’s justices were prepared to strike down the entire law. Had Chief Justice Roberts elected to side with this group, Congress would have had to go back to the drawing board and craft a new bill — hopefully one reflecting bi-partisan input. This, in my view, would have been the best possible outcome. However, because Roberts chose to align himself with the court’s four progressives, the only remaining option for getting rid of Obamacare is to defeat President Obama and elect super majorities in both the House and Senate. How likely is this to happen? As time passes, Obamacare’s tentacles will extend farther and farther into the bureaucracy.
Regarding the second point, what Roberts did weakens the Constitution in the following manner. While he set some limits on what the federal government can do under the commerce clause, he broadened its taxing authority. The Constitution empowers Congress to impose three types of taxes: direct taxes, excise taxes, and an income tax. The “tax” in Obamacare doesn’t fall into any of these categories. Roberts violated his oath to uphold the Constitution, and now we must all suffer the consequences.
Cliff Hickman
Henderson
