When I first heard that Obamacare along with the individual mandate was found to be constitutional I was shocked. When I learned that one of our own, Justice John Roberts crossed over to the dark side in a 5-4 ruling I was appalled. The end of liberty was at hand. The great experiment had finally unraveled and the republic our founders gave us we could not keep. I couldn’t believe Justice Roberts ruled that the individual mandate was constitutional because he interpreted that the penalty imposed was actually a tax and within the constitutional authority of the congress to levy on the people. I needed to know how a conservative Justice who many consider to be an extremely brilliant man could veer so far off the conservative course. This is a man who is no friend of Obama. This is a man who has championed individual rights again and again in his rulings. It just wasn’t passing the smell test.
As I sat at my desk I was trying to sort this ruling out in my mind I had an epiphany. What is the greatest threat to our individual liberties? Is it Obamacare or is it President Obama winning a second term? In my opinion it’s Obama winning a second term. A second term of President Obama will turn the republic on its head and cause irreparable damage to America. Think about all the unconstitutional actions this man has done in the first term with the knowledge that he has to run for reelection. Think of the President’s total disregard for the rule of law in the last three years. He ignored the orders and was actually held in contempt by a federal judge when he failed to lift the moratorium on deep-sea drilling in February 2011. Let’s not forget his recess appointments during a pro forma session of congress this past January, his unwillingness to defend DOMA, his signing of NDAA authorizing the indefinite detainment of America citizens, his kill list, his amnesty for 800,000 illegal aliens, his unwillingness to enforce immigration laws, his EPA imposing cap and trade around the congress, his use of executive privilege to protect Eric Holder in the fast and furious scandal, and so on. He has shredded the constitution during his first term. What would he do with a second term? My guess is it will be much worse. Like he whispered in the ear of the Russian President…he will have more flexibility after the elections. What will he do with that flexibility? Well more than likely he will appoint two or three Supreme Court Justices during a second term and that is something that cannot happen. And the only way can make sure he doesn’t have an opportunity to appoint these Justices is to make sure he’s a one term President. Justice Roberts helped with that this past Thursday.
So how exactly did Roberts help the cause? Let me start off by saying the opinions I’m about to express are my opinions and I realize that many may disagree, but hear me out. As I was reading through Justice Roberts’s opinion of the court, very early I read the following. “Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.”
Justice Roberts tells us from the get go, we get the government we deserve and if we don’t like the consequences of it then elect people who will repeal the actions of it. That’s all on us folks. We have a responsibility as citizens to change out the people who infringe upon our liberties.
Below are five reason why I think this ruling empowered the states, shackled the government, will not only bring an end to Obamacare, but will ensure Obama is a one term President.
- President Obama promised not to raise taxes on the American people making under $250,000. Democratic leaders promised that the individual mandate was not a tax. Well because of Justice Roberts and the court’s decision that’s exactly what the individual mandate is…a tax. Congratulation President Obama, your lawyers made their case! It’s a tax. Not only is it a tax, it’s the largest tax in American history. And for those who are worried this opens up a whole new way for the government to control our behavior through a “penalty” well it’s nothing new. They’ve been doing it for years with “sin taxes” on tobacco and other undesirable products. The only difference now, the SCOTUS has clarified that anything congress attaches as a penalty to can be viewed as a tax and it’s much more difficult to push bills through congress as a tax increase than bills that hide behind the commerce clause. Additionally because the individual mandate has now been ruled a tax Republicans can use the budget reconciliation process to repeal the mandate with a simple majority.
- Judge Roberts’s argument against using the commerce clause not only brought more clarity to it, he greatly reduced the ability of congress to use this line of reasoning again to force us to engage in any activity they may view as commerce. His opinion reflected the following: “People, for reasons of their own, often fail to do things that would be good for them or good for society. Those failures—joined with the similar failures of others—can readily have a substantial effect on interstate commerce. Under the Government’s logic, that authorizes Congress to use its commerce power to compel citizens to act as the Government would have them act. That is not the country the Framers of our Constitution envisioned. James Madison explained that the Commerce Clause was “an addition which few oppose and from which no apprehensions are entertained.” The Federalist No. 45, at 293. While Congress’s authority under the Commerce Clause has of course expanded with the growth of the national economy, our cases have “always recognized that the power to regulate commerce, though broad indeed, has limits.” Maryland v. Wirtz, 392 U. S. 183, 196 (1968). The Government’s theory would erode those limits, permitting Congress to reach beyond the natural extent of its authority, “everywhere extending the sphere of its activity and drawing all power into its impetuous vortex.” The Federalist No. 48, at 309 (J. Madison). Congress already enjoys vast power to regulate much of what we do. Accepting the Government’s theory would give Congress the same license to regulate what we do not do, fundamentally changing the relation between the citizen and the Federal Government.” This line of reasoning in essence shackles congress and expands liberty.
- Justice Roberts, Justice Kagan, and Justice Breyer all agreed that it was unconstitutional for the government to deprive a state of all of its Medicaid funding for refusing to agree to the new expansion. Roberts wrote the following. “As for the Medicaid expansion, that portion of the Affordable Care Act violates the Constitution by threatening existing Medicaid funding. Congress has no authority to order the States to regulate according to its instructions. Congress may offer the States grants and require the States to comply with accompanying conditions, but the States must have a genuine choice whether to accept the offer. The States are given no such choice in this case: They must either accept a basic change in the nature of Medicaid, or risk losing all Medicaid funding. The remedy for that constitutional violation is to preclude the Federal Government from imposing such a sanction. That remedy does not require striking down other portions of the Affordable Care Act.” So as you can see the states now have a choice. This conclusion blazes the trail to limit the expansion of other federal programs imposed by the government on the states. This was clearly a win for the states and states’ rights.
- Obamacare still remains a very unpopular law. In fact those who oppose it still hover over the 50 percentile mark. Mitt Romney raised more than $4 million within 24 hours of the Supreme Court’s decision to uphold Obamacare and we have Justice Roberts to thank for this. While the Kool-Aid drinking liberals celebrate the Tea Party movement is charging up. Once again average Americans are waking up and they are rallying around the battle cry to repeal Obamacare. I personally received 10 emails from Tea Party Patriots; welcome back to the summers of 2009 and 2010. This is the last thing President Obama and Democrats wanted to see four months out from a major election. They wanted Obamacare to quietly fade into obscurity and be a nonfactor in 2012. John Roberts threw a wrench into that machine and now once again it’s hanging around their necks going into November. And you can’t tell me that Justice Roberts doesn’t read the polls.
- The last thing to mention is that the left is so caught up in the moment they didn’t even see this coming. They didn’t even see how masterfully Justice Roberts played them. And by the time they do Obama will be a one term President, Republicans will control the Senate and House, and 2016 will seem like a million years away. Bub bye Obamacare and President Obama.
Mr. President…you’ve been punk’d and you don’t even realize it yet. If Obamacare would have been found unconstitutional my guess is that the left would have been charged up and the right would be celebrating its demise and feeling they no longer had to vote for a candidate they’re already lukewarm towards…well not so much now. I feel that Justice Roberts was right on target and it’s the left and conservative talking heads who are missing the mark. Let me know what you think.
Liberty forever, freedom for all!