June 29, 2012
While the Supreme Court did uphold Obamacare yesterday, there was one element of the ruling that should hearten those who favor limited government and a common-sense understanding of the Constitution.
Despite the Court’s error in reading the individual mandate penalty as a tax, five justices opined that the mandate, standing alone, cannot be justified under the Commerce Clause or the Necessary and Proper Clause. This is not remarkable to anyone who knows the original meaning of the Commerce and Necessary and Proper powers, but it is a serious blow to 90 percent of the legal academics and about 90 percent of Congress, since these have been the clauses used to justify so much of the modern administrative state.
He concludes: “In the long run, today’s constitutional rulings will be seen as an important victory in promoting fidelity to the Constitution and the ideal of limited government.”
What do you think? Can this be considered a small victory for conservatives?