Wednesday, April 04, 2012

ObamaCare: The Supreme Court as a Constitutional Death Panel | Doug Bandow | Cato Institute: Commentary

ObamaCare: The Supreme Court as a Constitutional Death Panel | Doug Bandow | Cato Institute: Commentary: "For instance, New York Times columnist Paul Krugman complained that "the justices most hostile to the law don't understand, or choose not to understand, how insurance works." However, he doesn't appear to understand, or choose to understand, constitutional law. The issue is whether the Constitution grants the power asserted, not whether the legislation is good insurance policy."

"The Constitution consciously puts certain powers beyond the reach of even elected officials. If the Supreme Court effectively suspends or amends the Constitution by majority vote for whatever reason, there is no defensible rule of law."

"states otherwise have essentially unlimited power to tax and regulate. Which is why then-Massachusetts Gov. Mitt Romney could push into law a state requirement to buy health insurance."

"Then-House Speaker Nancy Pelosi (D-CA) responded "are you kidding" when asked about Congress' authority. Then-Majority Whip James Clyburn (D-SC) admitted that "There's nothing in the Constitution that says that the federal government has anything to do with most of the stuff we do." In their view Washington enjoys unlimited power. The Constitution is but a quaint ornament for display."

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