Is ObamaCare Headed for a Supreme Court Smackdown?

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Is ObamaCare Headed for a Supreme Court Smackdown?

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http://www.americanthinker.com/blog/201 ... _supr.html


Is ObamaCare Headed for a Supreme Court Smackdown?
Michael Filozof
Now that the House Democrats have rammed ObamaCare down the throats of the nation by a vote of 219-212, the situation is indeed bleak. But Conservatives and Tea Partiers despondent over the fact that liberal Democrats just passed a massive encroachment on our liberties over their massive protests should take hope. James Madison saw this coming, and his forethought will give opponents of ObamaCare one last shot at killing it.

In Federalist #10, Madison wrote "Enlightened statesmen will not always be at the helm." (Boy, did he ever get THAT right.)

Knowing that the nation's future leaders would include usurpers and potential tyrants, Madison sought a way to preserve individual liberty despite their efforts. He thus devised the system of the separation of powers. "[E]ssential to the preservation of liberty..." he wrote in Federalist #51, "it is evident that each department should have a will of its own" and "members of each department should be as little dependent as possible" on the other branches.

Passage of legislation by Congress and the signature of the President are not enough. The next step is judicial review by the Supreme Court, an independent and co-equal branch of government. (Already the states of Idaho and Virginia have vowed to sue the Federal government over ObamaCare, and the passage of the legislation will doubtless spawn hundreds of other lawsuits as well).

Madison was a brilliant enough thinker to understand that the separation of powers relied on more than each branch having the "necessary constitutional means" to resist the others. The separation of powers provided each branch with the "personal motives" to "resist the encroachments of others."

"Ambition," wrote Madison, "must be made to counteract ambition. The interests of the man must be connected with the constitutional rights of the [branch]."

Thankfully, the Court has an axe to grind with Obama.

Remember the State of the Union Address? In January, Obama took a cheap shot at the Supreme Court's courageous decision in the Citizens United case, upholding free speech and overturning key provisions of the "McCain-Feingold" law. Congressional Democrats whooped and jeered at the Court like obnoxious schoolboys. The Court was humiliated. Justice Alito shook his head in disgust and muttered that the President's remarks were "not true." In March, Chief Justice Roberts told an audience at the University of Alabama that the behavior of the President and the Congressional Democrats was "very troubling," and questioned why the Supreme Court should even bother to attend a "political pep rally." Roberts' remarks caused the White House Press Secretary Robert Gibbs to issue a snarky rebuttal, again condemning the Court's decision.

It is quite likely that the "individual mandate" in ObamaCare requiring all Americans to purchase health insurance against their will is unconstitutional. But after the State of the Union dust-up, the Court has more than just technical legal motives to take up the case. Madison lamented that reliance on personal motives and ambitions "should be necessary to control the abuses of government" but understood that this was a "reflection on human nature."

I'm hoping that Madison's understanding of human nature was correct, and that Justices Alito and Roberts are chomping at the bit for the chance to get back at Obama and his Congressional goons for the humiliation they inflicted on the Court. A decision striking down ObamaCare, authored by Justice Alito, would be the ultimate smackdown.
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Post by doubloon »

We can hope but SCOTUS is tainted with socialism as well so there are no guarantees.
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Post by ick »

YOU BETCHA!
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Post by L1A1Rocker »

SCOTUS, when motivated, can act with suprising speed. I bet this gets fast tracked. I wonder just how much of this God awful bill gets struck down.
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Post by gunham »

Man, I hope so. Obama needs a Smack Down like No other President that I have ever seen. :twisted:
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Post by f.2 »

217 "representatives" are soon to get buyers remorse when their reconciliation package gets stalled and dies in the senate this week.
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Post by Ronzo »

f.2 wrote:217 "representatives" are soon to get buyers remorse when their reconciliation package gets stalled and dies in the senate this week.
I couldn't agree more. That and the withering of political careers and losing future elelctions also comes to mind.
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Re: Is ObamaCare Headed for a Supreme Court Smackdown?

Post by f.2 »

Thanks for posting these Hush. Morning news? Drudge report and Hush st posts. Image
Hush wrote:Is ObamaCare Headed for a Supreme Court Smackdown?
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Post by continuity »

Would be interesting if SCOTUS rules the subject legislation unconstitutional, and are arrested intoto based on some interpretation of let's say......sedition, malfeasance, obstruction or some other cool sounding charge.

All done by a Presidential Executive Order pursuant to an act of Congress of some nature.
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Post by doubloon »

continuity wrote:Would be interesting if SCOTUS rules the subject legislation unconstitutional, and are arrested intoto based on some interpretation of let's say......sedition, malfeasance, obstruction or some other cool sounding charge.

All done by a Presidential Executive Order pursuant to an act of Congress of some nature.
Half of them may have guns, hopefully they will put up a fight ;)
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Post by johndoe3 »

Justice Scalia inferred, in the McDonald vs Chicago presentations, that he has a shotgun for ducks, shotgun for turkeys, a 270 Winchester and 30-06. He was making the point that a gunowner needs multiple weapons for specialized purposes. I believe Diomed or Aravelo also mentioned one time that Scalia also favors full-automatics too.
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Post by MicroGuy »

I think it will be. After the Keloko? rulings, I have lost all faith in the SCOTUS also. But, I really just don't see this bill being upheld.

The only thing I really wonder about it is if they have to scrap the whole thing, or can the court just scrap parts of it?

But constitutionally, it's BS. But, like I said, we all thought property "rights" were a right too, and people got tossed out on their ear so a corporation could come in and take over the land, mainly so the government could make more money in higher taxes. just totally scrapped property rights, so there's just no telling any longer.
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Post by Crosshair »

It's not going to stand no matter what. The only question is how it comes crashing down, because of a SCOTUS ruling or the US gov going bankrupt when foreigners stop buying our bonds.
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Post by Selectedmarksman »

I have a bad feeling that it will stand. Either SCOTUS will magically find it not in their purview, or they will be 'rehabilitated' to tow the party line.
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Post by MicroGuy »

Crosshair wrote:It's not going to stand no matter what. The only question is how it comes crashing down, because of a SCOTUS ruling or the US gov going bankrupt when foreigners stop buying our bonds.

Well, yeah..... there's always that option. But, I'm afraid we're heading there no matter what. This bill will only ensure that it happens sooner rather than later.
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Post by Selectedmarksman »

MicroGuy wrote:
Crosshair wrote:It's not going to stand no matter what. The only question is how it comes crashing down, because of a SCOTUS ruling or the US gov going bankrupt when foreigners stop buying our bonds.

Well, yeah..... there's always that option. But, I'm afraid we're heading there no matter what. This bill will only ensure that it happens sooner rather than later.
True... The Dems control Congress and the Whitehouse. Even SCOTUS judges are mortal beings, and when they pass on they will be replaced by whoever is in power.
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Post by ick »

The Supreme court will not overturn it.
Nobody is ever going to repeal or replace it.


Our only hope is slight modification. All this talk of "hope and change" to this bill is wonderful, but I think the WAR is lost.

Our only hope is to FIRE these nimrods so that SOMEONE pays for this Obamination of a bill.

Not surprisingly when I FIRE an employee here at my office... old mistakes are not corrected.... but the other employees STEP IT UP and stop with the DUMB CRAP because they are scared and know they can be fired just as easily.

I HATE that kind of management style, but sometimes it is NECESSARY and UNAVOIDABLE.
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Post by Diomed »

ick wrote:Our only hope is to FIRE these nimrods so that SOMEONE pays for this Obamination of a bill.
Yes, fire them. Into a well-paid retirement, with a cushy lobbying or think-tank job that affords them plenty of time to hang out at their vacation villa in the Caribbean or Mediterranean. Yep, gotta punish them good.
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Post by Wiley »

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