Having been a trial lawyer for over 30 years, and
having taught Constitutional Law, many of my friends have asked my opinion of
Justice Roberts' decision on ObamaCare. They have asked me to review a
blog written by attorney Richard Bolen, of Lexington, Kentucky, which
suggests a positive spin to the decision and purports to give us hope the
Republic will be saved. (You can "Google" it folks, I'm not going to
print the whole thing here). To all of my friends, and to Mr. Bolen, I
say "RUBBISH". There is no silver lining to this decision.
As a retired lawyer and one who certainly knows more about the
Constitution than Barack Obama, I can tell you this decision has severely
damaged the reputation of the Court, but more importantly has fundamentally
changed the nature of the relationship between "We the People" and
government. Justice Roberts had to re-write the statute, and define a tax
where none was to be found. He expanded the taxing authority of Congress
beyond any definition of a tax authority found in the Constitution. His
decision was not based on the Commerce Clause. And indeed,
because the taxing authority formed the basis for this decision, the Commerce
Clause didn't even have to be considered. Anything Justice Roberts said
about the Commerce Clause, was as we lawyers call it, mere "dicta".
I submit that anytime in the future, all of the big-government State-ists
can pass a new law, again not call it a tax, and argue it is constitutional
under the Commerce Clause, so they won't be accused of raising taxes. We
are now screwed both ways. Our very freedom is now in jeopardy for
Justice Roberts has given the green light to government to tax
"in-activity". What is to stop the government from imposing a
tax on you if you don't by a Chevy Volt? Or if you're overweight? The
possibilities are endless. The only way to save us from truly becoming
another socialist society with all it's implications is to defeat Obama in
November and immediately repeal ObamaCare. America is bleeding out financially
and unless we apply a tourniquet, the future is bleak for the patient.
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