Tomorrow, the Supreme Court will begin hearing debates on four issues with respect to the law:
First, the breathtaking and unprecedented matter of Congress’s suggestion that it can force private citizens to purchase goods from private companies lest they face a fine. This has been the main focus over the past several months since they agreed to hear the case. This is quite symbolic, I think, of the mammoth gorge that exists between the views of the government espoused by the Left and the Right in America today: While Conservatives see the government expansion since the New Deal as being a break on innovation, liberty, and our Founding principles, statists on the Left insist that an expansive and ever-powerful central government is necessary in order to enforce the ‘general welfare’ of the Nation. How we as a People determine the degree to which our government can dictate our individual choices will surely inform what we become as a Country as the future unfolds.
Second is the question as to whether Congress’s expansion of Medicaid is unduly coercive. (a good primer on that here from CATO.)
Third is the question of severability, basically whether knocking down, say, the individual mandate, would render the entire law invalid, or if it would just ‘sever’ those parts that are objectionable and invalidate just that. (A bit on that, here.)
Finally is the Anti-Injunction Act, that some are arguing means the whole case is moot until someone is actually affected by the law, which hasn’t fully gone into effect yet. (Tell that to the would-be employees of small businesses who are not hiring because of the uncertainty this monstrosity has created. But anyway…)
Like many who read this blog, I’m cautiously hopeful the Supreme Court will agree with me that ObamaCare is patently unconstitutional and should be annulled post haste. But like many (much smarter than I) observers, I’m not convinced this will happen.
Either way, however, our remedy should not be the Supreme Court.
ObamaCare has never enjoyed the consent of the governed. Not while it was being debated, not when it was being passed (remember ‘deeming’?), not since. There is not an issue in the past three years of which the (un-)popularity has been as consistent and reliable as ObamaCare’s. It’s almost embarrassing how blatant this is. Last week’s two-year anniversary passed with nary a word from the man whose name graces the neologism itself. Imagine: the greatest legislative accomplishment of his young presidential career, and he says nothing about it on its anniversary. (By contrast, here’s one of FDR’s famous radio addresses on the third anniversary of Social Security’s passing.)
There is no reason this horrible abrogation of our liberties should be allowed to stand. But if we’re a Nation of individuals who are responsible for ourselves and are deserving of the rights with which we’ve been vested by our Creator, don’t we have some responsibility ourselves in defending them?
2010 was a monumental year for a reassertion of what I’ve called “A New Independence Movement” in America. It’s been nearly two years since the tremendous thrubbing those (even in the Republican party) took who espoused the notion of a federal government with greater powers. We’ve heard more the the past two years about returning to our foundational ideals of individual rights and responsibilities, smaller and more constrained federal government, and freer and more open markets for ideas, goods, and solutions. It’s truly a remarkable time to be alive and politically active.
Yet there still exist many in our highest offices these days whose dedication is not to American ideals, but to their own warped views of what America should be, and never was: A nation ruled from Washington by a class of people much smarter and benevolent than the subjects over whom they wield power.
All four remaining Republican candidates for the nomination to take on President Obama have vowed to repeal Obamacare if elected. The House has already passed legislation to that effect. There is clearly momentum building in America today to rebuild a society in which not only our freedoms and liberties are respected and protected by those we elect, but an informed electorate ensures those who do not are summarily escorted back into the private sector to sink or swim on thier own merits rather than pull us down, through their places in Our government, into the giant swirling vortex of doom that is dependence.
Regardless of how the Supreme Court case that opens tomorrow is resolved, there will still be remnants of the anti-liberty, anti-responsibility, anti-freedom coalition that put it in place trying to run roughshod over our rights to freely associate and freely live. If SCOTUS cleanly (and rightly) dislodges and scrapes all of ObamaCare from the books, we’ll still have work ahead of us to make sure these people do not hold power over us any longer. If SCOTUS either demures or does only part of the work, we’ll have to pressure legislators and the next president to finish the job.
Either way, we have been called to duty and our charge is to expunge from the halls of power those who would rather use government to enslave us all to their indentured service and replace them with like-minded individuals who view their job as caretakers of our God-given liberties for just a few years tenure.
-Nick (ColoradoPatriot, from HQ)