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'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).
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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.
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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]
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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 .... ."
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