ObamaCare and the Constitution in a Nutshell

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Hattip to Neo-Neocon.  I have been reading judicial decisions for over three decades and few of them are better reasoned and written than that of Judge Roger Vinson striking down ObamaCare.  Go here to read his ruling.  My favorite portion of the decision is below. ( To get the full impact of it, I suggest you have the John Adams intro video below playing while you read it.)

“It would be a radical departure from existing case law to hold that Congress can regulate inactivity under the Commerce Clause. If it has the power to compel an otherwise passive individual into a commercial transaction with a third party merely by asserting — as was done in the Act — that compelling the actual transaction is itself “commercial and economic in nature, and substantially affects interstate commerce” [see Act § 1501(a)(1)], it is not hyperbolizing to suggest that Congress could do almost anything it wanted. It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place. If Congress can penalize a passive individual for failing to engage in commerce, the enumeration of powers in the Constitution would have been in vain for it would be “difficult to perceive any limitation on federal power” [Lopez, supra, 514 U.S. at 564], and we would have a Constitution in name only. Surely this is not what the Founding Fathers could have intended.”

 

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One Response to ObamaCare and the Constitution in a Nutshell

  • I’m coming around to the liberal objection to this particular line of argument. Congress can levy a 99% tax and use it to provide everyone unhealthy amounts of tea. I do believe ObamaCare is unconstitutional but not for the reason Judge Vinson gives.

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