Thursday, April 05, 2012

Conservatives And the Courts | Michael D. Tanner | Cato Institute: Commentary

Conservatives And the Courts | Michael D. Tanner | Cato Institute: Commentary: "The latest meme from the Obama administration, congressional Democrats, and much of the media is that if the Supreme Court were to strike down all or part of Obamacare, it would place the Court's legitimacy itself at risk. After all, since only 28 state attorneys general, at least two District Court Judges and five Circuit Court Judges (including a Clinton appointee), numerous law professors, the 52 organizations and hundreds of state legislators who filed briefs in support of the plaintiffs, and 72 percent of the American public believe that Obamacare's attempt to force every American to buy a specific commercial product is unconstitutional, it would obviously be an unprecedented act of judicial activism for the Court to agree.

Of course, there is nothing really unprecedented about the Court striking down legislation that it finds outside of constitutional bounds. Between 1803 and 2002, the Supreme Court struck down as many as 1,315 laws on constitutional grounds. Indeed, many of the judicial decisions that liberals hold most dear involved striking down legislation."

Where Was the Catholic Church When the Obamacare Mandate Was Being Debated? | Jim Powell | Cato Institute: Commentary

Where Was the Catholic Church When the Obamacare Mandate Was Being Debated? | Jim Powell | Cato Institute: Commentary: "infringements on economic liberty tend to undermine other liberties. Freedom of religion is impossible unless churches are private property — sanctuaries where people may gather peacefully without interference and without being forced to violate their core teachings."

"How is it that a group of Catholic nuns, representing 22 religious organizations, filed an amicus brief supporting the Obamacare mandate?

The short answer, of course, is that as long as Church officials thought they would be exempted from the mandate via a religious carve-out, they didn’t expect to gain by venturing into controversy."

"political power must be limited, because there’s no reliable way of keeping bad or incompetent people away from it"

"Lord Acton said: “I cannot accept your view that we are to judge pope and king unlike other men, with a favorable presumption that they did no wrong. If there is any presumption, it is the other way against holders of power, increasing as the power increases. Power tends to corrupt, and absolute power corrupts absolutely.”"