Tag Archives: U.S. Supreme Court

Know your place…

Not your seal Mr. President...

When the President of the United States moves outside traditional campaign parameters and targets another branch of government as part of a broader strategy of intimidation, basically trampling the “separation of powers”  fail safe which guards the peoples voice, well then I’d say all bets are off. Moreover, does Mr. Obama believe for one minute that “We the People” cannot see through the “judicial activism” assertion he made the other day when asked about the fate of “Obama-care”? This from the man who brought two of the most Liberal/Progressive jurists (Sotomayor & Kagan) he could find before the Senate for consideration and eventual confirmation by way of one of the most partisan Congress’s in American history. This President would do well to remember that he too is but an instrument of a representative government and not a king. As a so-called “Constitutional law professor” he should understand this better than most, should he not?

On the matter of the “Affordable” Care Act itself, I for one was encouraged to hear the Justices asking the questions they did of both sides. More often than not, the matter of Constitutionality is lost on the lower courts and may only be properly vetted by the Supreme Court.

Having said that, the POTUS and company “front loaded” the bill significantly, and did accomplish their goal of getting folks “on the dole” first so as to make it more difficult to roll back the law. This is a classic Liberal trick and has proven extremely effective over generations, hence our enormous and unsustainable debt. Programs already in place will be on the minds of the justices as they consider the sustainability of Obama-care with no individual mandate. Nonetheless, my feeling is that it will be overturned on the basis of its far reaching and unprecedented intrusion into the choices “We the People” make in our day to day lives. As with so much of what this ideological President has brought to the table, there is the fundamental question of big government and how much of it folks will tolerate. When it’s all said and done in November, I’m pretty sure we will have a much clearer picture of where our country is and where it is going.

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Call it what it is…

I read an editorial in the Providence Journal the other day which focused on why, under Article I, Section 8 of the United States Constitution, the “Affordable” Care Act would eventually be upheld as Constitutional when it is heard this coming summer in the U.S. Supreme Court. After I finished and accepted that the author, who was from Los Angeles and spoke of regulatory constraints in terms marijuana legalized for medicinal purposes, was obviously attempting stretch the Commerce Clause far beyond any discernible measure, I refocused on the battle over the debt raging within the so-called “Super committee” and how the two debates are ultimately related.

Anyone who can perform the most basic mathematical equations must conclude in large part that our current fiscal ditch was dug primarily with an entitlement shovel. Spending beyond our means and outside of our Constitutional responsibilities has resulted in the fiscal breakdown of government from the cities and towns to the federal black hole. Consequently, I want to leave the question of Constitutionality off the table for a moment and sprinkle a little common sense on this dilemma. In view of how almost every government entitlement program has wound up (in debt and insolvent), why in the name of God would anyone ever think of adding more to that already bloated and foundering ship by way of yet another tax and spend initiative? In beating to death the question of whether we can, many on Capitol Hill have not even bothered to ask if we should.

I would submit to all of you the fundamental problem in Washington today, is born not of a lack of intelligence, reason or capability, but rather reflects simple irresponsibility in the face of overwhelming truth. It is this foolhardy and blatant disregard for our children’s America that will be our undoing, not some silly deal to cut a lousy 1.5 trillion dollars over ten years from a debt number that will swallow that much long before 2021.

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