What Are the Limits on the Commerce Clause?
The Supreme Court Weighs ObamaCare — David B. Rivkin, Lee A. Casey, Wall Street Journal
The authors are the two lawyers who represented the 26 states in their challenge to ObamaCare before trial and appellate Courts. As the Supreme Court wraps up its extraordinary 3 days of arguments on ObamaCare, what is at stake is more clear than ever: in the author’s words: “the Constitution’s structural guarantees of individual liberty, which limit governmental power and ensure political accountability by dividing that power between federal and state authorities. Upholding ObamaCare would destroy this dual-sovereignty system, the most distinctive feature of American constitutionalism.”
They conclude their article by pointing out if ObamaCare is found Constitutional, then the Federal government has the power to rule us a subjects. Under ObamaCare, we must do the bidding of the governing elite as a condition of being a lawful resident, thus inverting the relationship between the government and the people.
“Americans cannot escape the individual mandate by any means because it regulates them as people, simply because they are alive and here. That requires police power authority. Permitting Congress to exercise that authority—however important its ultimate goal—is not constitutionally proper and would forever warp the federal-state division of authority.” Read entire article
Categories: Tags: Constitution, David Rivkin, Lee Casey, Liberty, ObamaCare, Supreme Court
The Audacity of Power: President Obama Vs. The Constitution
“The birth-control coverage mandate (issued by the Obama Administration) violates the First Amendment’s bar against the “free exercise” of religion. But it also violates the Religious Freedom Restoration Act. That statute, passed unanimously by the House of Representatives and by a 97-3 vote in the Senate, was signed into law by President Bill Clinton in 1993. It was enacted in response to a 1990 Supreme Court opinion, Employment Division v. Smith.”
Categories: Tags: Bill of Rights, Constitution, David Rivkin, Edward Whelan, First Amendment, Liberty, ObamaCare