Former Justice Roberts told Pusey that "the real change that came about was
in the lawmaking itself." Congress and the President received a
"jolt" by the Supreme Court, teaching those two branches of government
"how to frame constitutional laws" -- namely, to base economic
legislation on Congress' powers under the Commerce Clause power rather than
its power to tax.Isn't it ironic that current Justice Roberts
has announced a limitation on the Commerce Clause. True, he recently led a
majority of the current Court to conclude that the individual mandate of the
Affordable Care Act can be construed as a tax and therefore pass constitutional
muster on that ground. But in the process he was in that same recent case part
of a different majority that acknowledged the limits of the Commerce Clause,
against which the individual mandate falls.If and when the ACA is
repealed, it will not be funded by a tax (federally imposed individual mandate),
unless the people want it (not likely) and cannot be funded by an
unconstitutional expansion of the Commerce Clause, which Clause Justice Roberts
and his joining justices have preserved.
The Affordable Care Act will not be repealed. It seems unlikely based on the
current electoral math that Mitt Romney will win the White House, but more than
that it seems thanks to events like Rep. Akin's gaffe, and Sen.
Snowe's retirement that Republicans are unlikely to get a majority in the
Senate, let alone the 60 votes that would be required to stop a filibuster of
such a repeal. Universal health care coverage is here to stay. And you should
be happy about that. I know Jesus would be.
It's amazing! After all of the years of study and piles of
academic degrees, the majority of Supreme Court justices still cannot fathom the
concept of two simple words: "Limited Government".Yep,
human nature never changes. Maybe it is the lucrative experience
that they have had in "fleecing the flock"?
@ Schwa"I know Jesus would be."Yes, as I have read the
scriptures I see where Jesus commanded the 12 Apostles to make sure that they
set up lots of government commissions and hired extra tax collectors and
forcibly took from the rich what they had earned and gave it to the poor or
those who did not have any. That is what the scriptures teach about true
charity. Forget the widow's mite - go get the rich - we will force them to
be charitable and save them all. Give me a break! If you want to
help those without health insurance, then get your hand out of our pockets and
put it in your own and we will all wait to see what your contribution is.Hiring 16,000 new IRS agents to enforce Obamacare surely does not
indicate that it is about health care.
Fascinating find. Roosevelt's attempt to pack the court is one of the most
interesting segments of American history.