A compelling case for not redefining the Constitution

by

I certainly believe that the Constitution was deliberately structured to limit the power, reach, and intrusiveness of the Federal Government. Viewed from the lens of what it was supposed to protect, individual Liberty and Freedom, Obamacare is an abomination.  Instead of self-reliance and independence, it will cause citizens to bow down to unelected and unaccountable tens of thousands of bureaucrats and say "please sir, may I have some more"? Progressives believe that this will provide another piece of their desired utopia – the largest "Freedom from" item on their list of what Government should be doing to its citizens. Yet, Freedom as defined as range of choice (the traditional sense of freedom) will be diminished.

Mark Levin has joined into a brief to the court on the issue; this is part of it.  It simply and elegantly lays out the cause for Liberty (emphasis mine):

This case is about individual liberty, state sovereignty and federalism. Indeed, whether there remain any limits on the power and reach of the federal government is the fundamental question before this Court. Appellant’s defense of the individual mandate, if accepted, requires the Court to disregard more than 220 years of Commerce Clause application and Supreme Court precedence, fundamentally misapply the Necessary and Proper Clause and disregard the Constitution’s requirements for the laying and collection of taxes.

The heavy-handed demands of temporary politicians who seek to change fundamentally and permanently the relationship between the citizen and government in a manner that no past Congress or Executive have undertaken and which the Constitution clearly does not allow must not be given the Court’s imprimatur. The District Court correctly rejected the individual mandate and its penalty provision as unconstitutional. …

The Commerce Clause is written in uncomplicated, plain English. Article I, Section 8 of the Constitution provides that “The Congress shall have Power … To regulate Commerce with Foreign Nations, and among the several States, and with the Indian Tribes.” Congress can tax interstate commerce, regulate interstate commerce, and can even prohibit certain types of interstate commerce. There is nothing in the history of this Nation, let alone the history of the Constitution and the Commerce Clause, however, permitting the federal government to compel an individual to enter into a legally binding private contract against the individual’s will and interests simply because the individual is living and breathing. Such a radical departure from precedent, law, and logic has never been contemplated, let alone imposed upon, the American people.

If Obamacare passes, on the arguments of the Progressives, there will be no limit to what Government will be able to force us to do because there will be no limits than can be broached – this fight is that last battle.  

(H/T: The Corner)

Author

  • Skip

    Co-founder of GraniteGrok, my concern is around Individual Liberty and Freedom and how the Government is taking that away. As an evangelical Christian and Conservative with small "L" libertarian leanings, my fight is with Progressives forcing a collectivized, secular humanistic future upon us. As a TEA Party activist, citizen journalist, and pundit!, my goal is to use the New Media to advance the radical notions of America's Founders back into our culture.

    View all posts
Share to...