Comment

Health Care Mandate Upheld by Supreme Court

226
lawhawk6/28/2012 11:59:36 am PDT

For your consideration:

CHQ Exclusives:A 21st Century Dred Scott Decision
By Richard A. Viguerie
The Supreme Court’s decision is a stark reminder that one presidential appointment to the Supreme Court is all that stood between our freedom and the tyranny that will grow ever greater now that the individual mandate has been upheld. Read and Comment

Right, comparing one of the worst cases ever decided by the court that determined that segregation was perfectly acceptable and treated blacks as second class citizens to a decision that expands access to health care insurance coverage.

This is what happens when you have folks who have such a poor understanding of history or constitutional law bloviate about the consequences of the decision.

In his case, Viguerie ignores that the Court roundly criticized a vast expansion of Congressional power to control the marketplace - setting new limits on the Commerce Clause/Necessary and Proper clause. Inaction cannot be used as a justification to control/tax.

Rather, the Court found that the plain language of the Act imposes a tax, and such a tax is within Congressional power to tax.

On the former, that’s actually a rather sweeping rebuke of Congressional power going forward and is a conservative reading of the Commerce Clause.