Tuesday, January 4, 2011

Obamacare and the Courts: an Opportunity

Obamacare is, of course, on its way to being guest of honor of the Supreme Court of the United States.  While some see this as just one more case, I believe it has the possibility of being a moment of renewal,in our country's history; there is the possibility of a regeneration of, and re-dedication to the Constitutional restrictions on Federal Power, particularly when in opposition to States Rights.

Prior to Roosevelt ascending to the throne, the Supreme Court of the United States repeatedly struck down as unconstitutional all attempts by the President and/or Congress to extend Federal control over States Rights. Much was made, albeit briefly, of Roosevelt's defeated attempt to pack the court by increasing the number of Justices. But generally ignored is the fact that over the course of his presidency, he nominated all 9 justices serving at the time of his death in office.

The result of his long tenure was that he nominated Justices that were in favor of his Federal extension of power and over-riding States Rights. That is how, after a number of defeats, the New Deal Legislation that started down the path of over-reaching Federal Power over all Americans, including the diminution of States Rights, succeeded.

That change was in defiance of "stare decisis" and much approved by a Democrat Congress (and President).

Why would there be any problem if, as they consider the Constitutionality of Obamacare, the Supreme Court of the United States were to recognize the departure of the Roosevelt Supreme Court from stare decisis and correct that departure by correcting the course of Constitutional Law back to that originally set by the Founding Fathers?

Indeed, such may be exactly what saves our country from continuing down the path of rejoining the europe that was abandoned in 1776 by Americans, only this time rejoining the democratic socialism that is the European Union of today.

No comments: