It is not just that the intensely unpopular Obamacare was unconstitutional as fraudulently portrayed by the president and congressional Democrats who strong-armed and pot-sweetened its way to passage. It is that Obamacare is unconstitutional as rewritten by Roberts. It is a violation of the Origination Clause — not only as I have expansively construed it, but even under Matt’s narrow interpretation of the Clause. It is worth pausing here briefly to rehearse an argument often made in these pages before the Supreme Court ruling two summers ago. The justices’ resolution, whatever it was to be, would in no way be an endorsement of Obamacare; it would merely reflect the fact that our Constitution, designed for a free people, permits all manner of foolishness. “Constitutional” does not necessarily mean “good.” What Obamacare always needed was a political reversal in Congress. Thus, it was unwise for Republicans to become passive while hoping the justices would do their heavy lifting for them — both because it was unlikely that this Supreme Court would invalidate Obamacare and because a ruling upholding it would inevitably be used by the most demagogic administration in history as a judicial stamp of approval for socialized medicine.
Posted on: Sun, 06 Oct 2013 18:42:26 +0000
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