It’s good to see other people have the same idea that I had after reading the dissent in the U.S. Supreme Court’s 5-4 decision on June 28, 2012 in National Federation of Independent Business v. Sebelius to uphold Obamacare. I took a hint from the statement in the dissent about the American people’s ignorance of the U.S. Constitution:
Structural protections—notably, the restraints imposed by federalism and separation of powers—are less romantic and have less obvious a connection to personal freedom than the provisions of the Bill of Rights or the Civil War Amendments. Hence they tend to be undervalued or even forgotten by our citizens.
That afternoon, I posted A Readable, Categorized List of Principles from the ObamaCare Supreme Court Dissent Against “Whatever-It-Takes-to-Solve-a-National Problem Power” of the Federal Government with a list of excerpts “most understandable and relevant to the ordinary American citizen.”
Today in http://www.breitbart.com/Big-Government, a conservative law professor named Ken Klukowski (who filed an amicus brief to the U.S. Supreme Court in the Obamacare case) writes the following in his article The Great Dissent Part I: Four Justices in Obamacare Make Case for Constitutional Conservatism:
The dissent in NFIB v. Sebelius, written jointly by Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas, and Samuel Alito, is one of the finest judicial opinions I’ve ever read, if not the single finest. That this opinion was only one vote shy of being a majority opinion that would bind the government and the nation going forward is a tragedy of Shakespearean magnitude. We came within a single vote of winning it all.
Klukowski posted another article on Big Government on June 28 titled “One of the Worst Supreme Court Decisions in American History.” He intends to publish a series of articles explaining “some of the most consequential aspects of that decision, mostly quoting relevant parts of the decision that will have lasting consequences for the country.”
I hope this series of articles circulates widely. If Americans are going to rediscover the original and proper purpose of the United States Constitution, the key excerpts from this case need to be spread far and wide.
The issue isn’t whether or not health care reform is needed or if Obamacare would be an effective solution to problems with the health care system. The issue is that the federal government is now being allowed to expand its powers beyond those granted by the U.S. Constitution, under the rationale that the federal government needs to do whatever it takes to solve national problems.