Appeals Court Slams Obamacare as Unconstitutional

Monday, 15 Aug 2011 11:28 AM

By Dick Armey

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From the FreedomWorks website.

Declaring the health insurance mandate unconstitutional, the 11th District of the Court of Appeals has made a superb statement for personal freedom.

Intending to protect personal freedom from the enormous power of government, the Founders restricted the powers of Congress to enumerated powers, i.e., tax, pay debt, coin money, etc.

For approximately 100 years Congress has claimed and broadened their power through the Commerce clause of the Constitution — "to regulate Commerce . . . among the several States."

The Appellate Court wrote that the insurance mandates of Obamacare are "breathtaking in its expansive scope.”

"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."

As Chief Justice Marshall said in 1803: “The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the Constitution is written."

For certain, the Supreme Court will make the final decision. Fortunately the Supreme Court will have the benefit of the Court of Appeals' rigorous review of the tension between the enumerated powers and the Commerce clause.

However, this is a decision too important for just the nine justices of the Supreme Court to decide. If the court rules in favor of the government, Congress, with the approval of the president, will have the absolute power to control and regulate all aspects of our lives.

Again the Appellate Court stated: "Congress may regulate [Americans] at every point of their life."

It doesn't make sense to delegate the final authority on an issue of this magnitude to nine unelected people. Worse, most Supreme Court observers know the political predilections of every justice and can forecast which justice will be the deciding vote. So, it could boil down to one person who will make a momentous decision affecting every American and will no doubt have major repercussions on generations of Americans.

Why? A major dereliction of modern American politicians is their ignorance and indifference for the philosophy, restrictions and intent of the Constitution. Conversely, Members of Congress are obsessed with power. Presently, politicians arrogate that they can regulate and control every American unless they are prohibited by the pronouncement of the Supreme Court. This is reprehensible and extremely dangerous.

A constitutional government requires all government officials to honor the intended constitutional principles. The law makers, rule-making bureaucrats, enforcing regulators and the judiciary must respect and advocate for the foundational philosophies and restraints of our Constitution. All must always respect the purpose and principles of the Constitution.

This is totally missing in America. The following are two poignant examples:

Sen. Pelosi was infamously indignant toward a reporter questioning the constitutionality of Obamacare. Pelosi: “Are you serious? Are you serious?” Later a Pelosi staffer emphasized, “That’s not a serious question.”

The 2010 lame duck session: After an election and before new members are sworn to uphold the Constitution, the intent of the 20th Amendment restricts Congress to issues of national emergencies. Both parties attempted to push legislation during the last lame duck session.

How to force politicians to abide by the Constitution? First, We the People must know and honor the philosophy and intent of the Constitution.

Next, as always, We the People must demand our politicians abide by those philosophies and restrictions. Finally, we must continually restrict the politicians’ propensity to expand their power.

Thus, in America today, we must vigorously support cut, cap and balance.

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