Saturday, August 13, 2011

UNCONSTITUTIONAL

What's that word? Oh, right.
"Bitch-slapped"


-Chief Justice John Marshall Bitch-slaps an Unruly Fishwife

'The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the Constitution is written."

—Chief Justice John Marshall, writing in Marbury v. Madison (1803).

The 11th Circuit Court of Appeals cites those prophetic words in its decision yesterday finding President Obama's individual health-care mandate unconstitutional, and they do seem more relevant than ever. The 2-1 opinion is another landmark in restoring the government of limited and enumerated powers that the Framers envisioned.
That is "breathtaking in its expansive scope," the court wrote. "The government's position amounts to an argument that the mere fact of an individual's existence substantially affects interstate commerce, and therefore Congress may regulate them at every point of their life. This theory affords no limiting principles in which to confine Congress's enumerated power."

In other words, if the government can impose this kind of "economic mandate"—if it can force individuals to enter contracts with private companies "from birth to death"—there are no longer limits on what it cannot do. "These types of purchasing decisions are legion," Judges Hall and Dubina write. [Full]

Rush predicted yesterday that Obama would continue to fund implemantion,  so that when it reaches the SCOTUS he can argure, "Look, we've already spent $2 trillion on it .... ."


5 comments:

Trialdog said...

Rog, as a "Constitutional Law Professor", Obama could not have known anything about the Marbury v. Madison case. Way too obscure.
(For those who have not attended a law school, this is a joke for people who have)

DougM said...

*yessssssss!*
The Tea Party needs to develop a Constitutional amendment clarifying the Interstate Commerce Clause.
I don't see how any spending control (limitation on Big Gov't™) can succeed without that. We cannot depend on courts or executive/legislative restraint.

toadold said...

I'll be sleeping with the vision of that one dancing through my head tonight, Ooh Yassss.

Anonymous said...

Trialdog, it's also a joke for people who attended a backwater state college majoring in music.
Now, maybe it's because I'm a music teacher and not a Constitutional scholar, but I think the Interstate Commerce Clause (something like 4 words, IRCC) is pretty clear. What we really need is somebody like Alex Kozinski for Attorney General, and we'll be fine.
MichigammeDave

Anonymous said...

On her blog Ann Althouse suggests
that if the SCOTUS upholds Obumacare then congress could outlaw abortion.

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