Defeating Obamacare: The Last Stand in a Fight for a Free Society

As arguments at the Supreme Court flare about Obamacare, the media’s propaganda front is out in full-force over at Time. In an article declaring that Obamacare should be upheld by the Court 9-0, Yale law professor Adam Cohen dishonestly represents the case against the law:

[Obamacare’s individual] mandate is being challenged by 26 states, which argue that Congress does not have the power to force people to buy insurance. The Commerce Clause authorizes Congress to regulate interstate commerce “among the several states.” But critics argue that the mandate is a local matter – not interstate commerce at all. Minority Leader Mitch McConnell told Bloomberg News that if the Supreme Court upholds the health care law it would render the Commerce Clause “a relic of ancient times.”

There is a lot of legal authority saying that the critics are wrong – and that the health care law should be upheld. The Supreme Court has long said that Congress’s power under the Commerce Clause is extremely broad. In a landmark 1942 case, it upheld a New Deal law dictating how much wheat farmers could grow without paying a penalty. Growing wheat may feel like a local activity, but it affects the whole national economy. In 2005, the Supreme Court used the same logic to uphold a federal law against medical marijuana. Like wheat and marijuana, health insurance has a far-reaching economic impact– and Congress has the power to regulate it.

Cohen’s admittedly deft sleight-of-hand trick is to attempt to shift the focus of the debate from whether Congress has the power to punish inaction to whether health-care is a national issue — and thus supposedly an area in which Congress can legitimately involve itself as it pleases. Precedent is obviously very clear on the latter (health care is, of course, a national issue); the former is unprecedented. As much as I disagree with the Court’s rulings in the instances of both wheat and marijuana, both of which affirmed very broad Congressional power, neither case authorized Congress to punish individuals for inactivity. Needless to say, this debate is a little more complicated than whether the issue is “a local matter.”

The Commerce Clause was meant to normalize trade relations amongst individual states. Over the years, the rationalizations and abstract “theories” of well-schooled judges and professors have eroded that meaning in pursuit of pet progressive causes. After all, why let the Constitution get in the way of a good cause?

But one can acknowledge Congress’ acknowledged power to involve itself in health care without granting it the power to punish the mere act of existing: in this case, a person who literally sits around doing nothing would become a criminal, by virtue of his failure to comply with the mandate to purchase a product. No longer would one even have to do anything to violate Congress’ orders. Mitch McConnell’s point is far more serious than Cohen makes it out to be: what, precisely, are the limitations on Congress’ powers under the Commerce Clause, if this law is upheld? Are there any at all?

The fight over Obamacare is the fight over some of the last remnants of acknowledged Constitutional restraint on Congress’ power to regulate economics. Do we still have hope as a republic, or are we destined to descend into oligarchy? We look now to the Court to protect one of our remaining individual rights. We will learn soon whether checks and balances still exist, or whether each branch exists as little more than a rubber-stamp for the will of the others.

-Alex Knepper

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  • http://www.facebook.com/profile.php?id=1343002699 Karen Sinclair-Stubblefield

    The very fact that they have held three days of hearing arguements makes me hopeful that they will rule it Unconstitutional.

  • http://www.facebook.com/profile.php?id=1069964153 Keith Kruse

    It’s all a Shame.. a show.. the Supreme Court will find it Constitutional, not because it is but because the puppet masters (NWO) want it so. In the law is a requirement that everyone gets a RFID chip by the year 2017. Can we say “Mark of the Beast” and for you non-believers this still should scare the hell out of you because now the Gov’t has complete control over you, because without you can’t buy food, clothes etc.. WAKE UP AMERICA.

  • http://www.facebook.com/profile.php?id=1362049448 David Altschul

    http://www.supremecourt.gov has made transcripts available every day. The March 27 argument focuses on whether it’s constitutional to force people to buy insurance.

  • http://www.facebook.com/profile.php?id=100001213222808 Marguerite Van Ness

    Send Obama and his Obamacare back to his mud hut in Kenya.

  • http://www.facebook.com/profile.php?id=100000088985652 Mel Moffitt

    Only 26 States are fighting this? Is that half of the 57 States?

  • http://www.facebook.com/profile.php?id=100000589400051 Nelson Eaton

    AyEA,,BUT CAN’T TRUST kAGAN,,, +++SOME INFO FOR ALL WHO HAVE RELIED ON SNOPES BEING THE END ALL BE ALL OF RELIABILITY.+++

    SNOPES NO MORE – A MUST READ

    Many of the emails that I have sent or forwarded that had any anti-Obama in it were negated by Snopes. I thought that was odd. Check this out.

    Snopes, Soros and the Supreme Courts Kagan

    We-l-l-l-l now, I guess the time has come to check out Snopes!

    Ya’ don’t suppose it might not be a good time to take a second look at some of the stuff that got kicked in the ditch by Snopes, do ya’?

    We’ve known that it was owned by a lefty couple, but hadn’t known it to be financed by Soros!

    Snopes is heavily financed by George Soros; a big time supporter of Obama!

    In our Search for the truth department, we find what I have suspected on many occasions.

    I went to Snopes to check something about the dockets of the new Supreme Court Justice, Elena Kagan who Obama appointed and Snopes said the email was false and there were no such dockets so I Googled the Supreme Court, typed in Obama-Kagan, and guess what?

    Yep you got it; Snopes Lied!

    Everyone of those dockets are there.

    So Here is what I wrote to Snopes:

    Referencing the article about Elena Kagan and Barack Obama dockets:

    The information you have posted stating that there were no such cases as claimed and the examples you gave are blatantly false.

    I went directly to the Supreme Courts website, typed in Obama Kagan and immediately came up with all of the dockets that the article made reference to.

    I have long suspected that you really slant things but this was really shocking.

    Thank You, I hope you will be much more truthful in the future, but I doubt it.

    That being said, Ill bet you didn’t know this:

    Kagan was representing Obama in all the petitions to prove his citizenship.

    Now she may help rule on them.

    Folks, this is really ugly. Chicago Politics; and the beat goes on and on and on. Once again the US Senate sold us out!

    Now we know why Obama nominated Elana Kagan for the Supreme Court.

    Pull up the Supreme Courts website, go to the docket and search for Obama.

    She was the Solicitor General for all the suits against him filed with the Supreme Court to show proof of natural born citizenship.

    He owed her big time.

    All of the requests were denied of course. They were never heard.

    It just keeps getting deeper and deeper, doesn’t it?

    The American people mean nothing any longer.

    It’s all about payback time for those who compromised themselves to elect someone who really has no true right to even be there.

    Here are some websites of the Supreme Court Docket:

    You can look up some of these hearings and guess what?

    Elana Kagan is the attorney representing Obama!

    Check out these examples:

    http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/09-8857.htm

    http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/09-6790.htm

    http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/09-724.htm

    If you are not interested in justice or in truth, simply delete.

    However, if you hold sacred the freedoms granted to you by the U.S. Constitution; by all means, PASS it ON!

    There truly is tyranny afoot.

    ….

  • http://www.facebook.com/profile.php?id=530585764 Cameron Taylor

    Here is the Oral arguments that took place before the Supreme Court yesterday over the individual mandate concerning ObamaCare. The Gov’t. Lawyer did not present his case very well.http://www.supremecourt.gov/oral_arguments/argument_audio_detail.aspx?argument=11-398-Tuesday

  • http://www.facebook.com/profile.php?id=1488169217 Justin Mazzoni

    On what page of the bill is the RFID chip requirement? Don’t spread something like that around unless you can cite it in the law. Now tell me what page.

  • http://www.facebook.com/profile.php?id=1534357187 Robert Stevenson

    Say NO to Nazi’s! No Obamanation care!

  • http://www.facebook.com/profile.php?id=607934287 Kristin Peterson Scoggins

    Subtitle c-11, sec. 2521. On page 1004 it is to be started no more than 36 months after enacted.

  • http://www.facebook.com/profile.php?id=713741709 Lene Danielsen

    ron paul: nancy pelosi pulled iran bill on orders of israel h ttp://www.youtube.com/watch?v=iWLBhgTQ46o

  • http://www.facebook.com/profile.php?id=713741709 Lene Danielsen

    This was the problem..Nobody is given time to read bills..h ttp://www.youtube.com/watch?v=h-IdLUI9kDk

  • http://www.facebook.com/profile.php?id=1488169217 Justin Mazzoni

    Totally false. Talk about fear-mongering. Must be a Ron Paul supporter.

  • http://www.facebook.com/profile.php?id=1530423885 Gil Dave

    so why is Pelosi always seems to be shaking?

  • http://www.facebook.com/profile.php?id=1251524509 Alfred Quick

    well he works for the worlds biggestdam fool what did you expect brillance

  • http://www.facebook.com/profile.php?id=1830462502 James McGinty

    Pelosi cannot be impeached, she would need to be recalled like those Republicans in Wisconsin!!

  • http://www.facebook.com/profile.php?id=159680407409335 Patriot Action Network