So in the fury of the Government Shutdown, the left has become apoplectic about the “Affordable Care Act”. You’ll more likely recognize it as “Obamacare”. They consider it to be Constitutionally tested by the Supreme Court, therefore it’s the “law of the land”.
This logic is fundamentally unsound, let’s debunk it.
1) The Constitution does not grant “kingly” powers to the Supreme Court. Their job is to rule on the law brought before them, and to clear up controversies between states.
2) Nowhere in article III of the Constitution or in the Federalist papers, Thomas Jefferson’s letters, etc do you see that the Supreme Court was supposed to be the “final say”. Jefferson in fact believed their power should be limited even further, than the Constitution did already.
3) We know for a fact the left doesn’t actually believe their own words. Let’s go through their history of fighting against the Constitution itself :
3.A) The Progressive Income tax was tried several times before the amendment was brought up and each time it was found unconstitutional. Did that stop the Progressives from trying to trash the Constitution and implement their marxist utopian tax? NOPE. They kept fighting and eventually (and illegally) amended the Constitution to add the Progressive Income tax.
3.B) The recent rulings declaring corporations have free speech and that every citizen has a right to defend themselves with a firearm. Has the left stopped fighting against Corporate speech? Have they stopped fighting for gun control? HELL NO. They never give up on those things, even though, in their own words, “The Supreme Court is the law of the land.”
4) The Supreme Court only ruled on one part of the law, the individual mandate. But as this site states;
Feel free to examine the entire text of Article III to assure yourself that no power of Judicial Review is granted by the Constitution.
“Well,” you might say, “someone has to review laws for constitutionality. Why not the Supreme Court?” Some possible answers:
- First and foremost, it is not a power granted to the Supreme Court by the Constitution. When the Supreme Court exercises Judicial Review, it is acting unconstitutionally.
- It is a huge conflict of interest. The Federal Government is judging the constitutionality of its own laws. It is a classic case of “the fox guarding the hen house.”
- The Constitution’s “checks and balances” were designed to prevent any one branch of government (legislative, executive or judicial) from becoming too powerful and running roughshod over the other branches. There is no such system of checks and balances to protect the states and the people when multiple branches of government, acting in concert, erode and destroy the rights and powers of the states and the people.
- Even if the Supreme Court could be counted on to keep the Executive and Legislative branches from violating the Constitution, who is watching the Supreme Court and will prevent the Judicial branch from acting unconstitutionally? Unless you believe that the Supreme Court is infallible (and, demonstrably, it is not), then allowing the Supreme Court to be the sole arbiter of Constitutionality issues is obviously flawed.
- Justices are appointed, not elected and may only be removed for bad behavior (which has happened in the distant past but these days, appointment to the Supreme Court is like a lifetime appointment). If the court upholds unconstitutional laws, there is no recourse available. We the People cannot simply vote them out to correct the situation. Thomas Jefferson wrote, in 1823:”At the establishment of our constitution, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life, if secured against all liability to account.“
Therefore, it doesn’t matter if the individual mandate was ruled constitutional by the Government. They are exercising an authority that doesn’t belong to them. It certainly was never meant to be the *final* verdict on constitutionality. As http://constitutionality.us/SupremeCourt.html – so poignantly points out;
“It is the Constitution, not the Supreme Court, which is the Supreme Law of the Land. Even the Supreme Court should be accountable for overstepping Constitutional limits on federal power.”
Obamacare is bad and unconstitutional law, just like the Alcohol Prohibition, which was upheld by the Supreme Court, and Slavery, which was also upheld in the Supreme Court. The Supreme Court is not the final say in our Country, we are not a country ruled by Justices. The Constitution is the final say, and it’s up to EACH body and Representative to uphold and fight for that document. The Government Shutdown MUST continue until we defund/delay the implementation of this HORRIBLE law, that none of the proponents bothered to read before voting YES.
The goal of Obamacare, is not to increase Health Care access.
It’s goal is to decrease the amount of money we’re spending on Health Care. That’s all the left talks about. How much more we spend on Healthcare than countries with “wonderful” universal Healthcare.
I hate to burst their bubble, but life is not all sunshine and lollipops with Universal Healthcare. ObamaCare AKA the Affordable Care Act, is a step towards Universal Healthcare and will destroy the wonderful Health Care this nation enjoys.
That is why Republicans need to keep the Government Shutdown! We CANNOT stop fighting hard enough against this bill, it is bondage.