Individual Mandate Unconstitutional

For years I have stressed to you the importance of having originalist Supreme Court justices, who will read the law as written, not as they would have it written. Yesterday, via my Facebook page, I told you that a Virginia judge has declared the Obamacare-individual-mandate unconstitutional. This will surely setup a Supreme Court battle between those justices who rightly read the constitution as a limiting factor on the federal government, and those who read it as an optional guideline to be referenced when necessary for parliamentary process.

Thomas Jefferson and James Madison surely didn’t plan for the government to be grabbing up huge chunks of the American economy using the Commerce Clause of the constitution. The Commerce Clause states, as part of Article I, Section 8 of the Constitution that one of Congress’s powers is to “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Any sane person who read that would not make the jump to Obamacare. The bill is simply constitutional abuse and ought to be struck down entirely by the Supreme Court. If that doesn’t happen, it is incumbent upon the new House of Representatives to defund, and destruct the bill before 2014 when it is fully implemented.

The GOP is already looking weak on the healthcare repeal. As John Gizzi reports in Human Events, the highest items on their list of changes to Obamacare are the addition of the Stupak-Pitts language to end federally funded abortion, and the repeal of the 1099 filing requirement by businesses for purchases over $600. These attempts at changing the bill are noble, but are small potatoes compared to the mandates states are going to have to fulfill when Obamacare is fully implemented. The apparent strategy of the incoming House Republican majority will be to vote on a full repeal to get a record of votes for and against this unconstitutional monstrosity, then they’ll work from there.

If you want to read Judge Henry Hudson’s decision, click here. The facts are plain to all, that Obamacare’s individual mandates is simply unconstitutional, though given the opportunity to vote on its fate, I doubt Justice Sotomayor or Kagan will feel the same way. President Obama has done his best to install judges that will simply clear the way for his radical socialist agenda in the court. Every president has tried to influence the court in one way or another. FDR, Obama’s apparent role model, threatened to expand the size of the court so he could install more friendly judges.

What Americans are witnessing in the battle over Obamacare, and the current debate on marginal tax rates, is that Democrats are content to use class warfare to fight political battles. Bernie Sanders, the admitted socialist senator from Vermont, stood on a soap-box in the Senate for eight hours last Friday to regurgitate socialist propaganda, saying that “The billionaires of America are on the warpath.” What warpath? America’s billionaires are some of the most generous folk out there. The Bill and Melinda Gates foundation has gotten many of them, including Warren Buffet and now young billionaire Mark Zuckerberg to pledge substantial amounts of their wealth to charity. Does that sound like a group of heartless robber barons to you? Sanders is simply beating the “us vs. them” drum that Democrats rely on to move lower-income voters to the polls.

My client base is mostly small business owners. They are the Americans looking down the barrel of Clinton-era tax rates if the Bush-tax rates aren’t extended. These aren’t robber barons or even robbers at all. They are hard working people who employ a vast number of Americans. But the best strategy for them today is to keep employment low, and reduce all possible expenses, because the Obama administration has made the future so uncertain for employers, that they can’t allow any risk in spending at all.

None of this would be happening if America hadn’t strayed so far away from the federal republic form of government intended by the founders. Don’t wait for government to reform itself. Use the tools that are available to you to fight for your freedom. Organizations like FreedomWorks and the Cato Institute provide you with firepower and educational tools to fight and win.