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.

Heritage Foundation legal scholar Todd Gaziano explains:

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?

Comments (30)

Laura - June 29, 2012

It is charitable that some are trying to find the silver lining to yesterday’s Supreme Court decision on Obamacare, but the fact still remains that Americans are having their liberties taken, little by little, and the lawmakers and judges are failing to see that we are heading further and further from this great nation’s founding principles!

David C. Williams - June 29, 2012

I don’t see any “victory” for conservatives in the ruling that the Commerce Clause can’t be used to force purchase of a product such as health insurance, because it also opened the door to using the taxing power to do exactly the same thing. If Congress wants us to do “X”, whatever “X” may be, all they have to do is say they’ll tax us into the poor house if we don’t do “X”. Some victory!

Laura Genjian - June 29, 2012

I think we have been handed a victory, but one that still requires a fight. We have been protected from the Commerce Clause and the Necessary and Proper Clause.
This is huge. The states have secured a far better position also. We need now only 51 votes in the Senate. This ruling may appear twisted but may have also been a well thought out map and message for us to follow to secure our futures from the Socialist wave that has been sweeping over America.

Robin Swaim - June 29, 2012

No, I don’t consider this a small victory for anyone. The fact remains that Justice Roberts has become an activist judge and our constitution has been changed.
It makes me sick and so, so sad
Thank- you
Robin Swaim

J Johansen - June 29, 2012

Endorse Tom Price’s Healthcar Bill, HR 3400!
He is a Doctor from Georgia, a member of the House, and his bill makes sense. Heritage should do everything to help make HR 3400 the law of our land.

Charles Burger - June 29, 2012

I agree with Robin. Mr Roberts has put us on the fast road to socialism, and maybe further. At least 4 of the justices love our country.

Charles Burger

Richard Gaskill - June 29, 2012

The only victory I can see,is that now others can see,that our courts, and the white house, is gaining ever more rulings in trying to insert a socialist communist goverment into our FREE AMERICAN society, where the goverment controls everthing.NOW it`s up to us,the people to stop this socialism tactics in our goverment from getting any further.Call your representatives,congressmen and senators that still believe in America, to stop this intrusion on us all.WE must also stop this socialist agenda at the poles in November.Lets restore America before we lose her.

Larry - June 29, 2012

Michelle Obama said for the first time that she was proud to be an American. I can truly say that we as a people should feel ashamed. That it should come down to one vote to decide if we will renounce our country’s commitment to freedom is in and of itself a travesty, but for the Supreme court to decide that slavery is constitutional is a defining moment for America’s values and a window to the changing mores of our society.
Government is not reason; it is not eloquence; it is force. Like fire, it is a dangerous servant and a fearful master.
George Washington knew the truth as did the rest of the founding fathers. Discussions of convoluded schemes to fight this national tragedy are last gasp attempts by a dying victim. We the people, the opening words to our consitution have become just words. Can we save ourselves? Can we become Americans again?

Steven Rankens - June 29, 2012

I think it’s a small victory in the fact that even though the Supreme Court ruled it was constitutional, but declared that it is now a “Tax”, unwittingly gave a huge victory for conservatives to say that “Obama lied again”, and this should
enrage the voter base. Because this 400 billion dollar tax is going to hit EVERYONE, wake up America, stop this in November. Replace Obama, Repeal Obamacare, and stop taxmageddon. All of you unemployed democratic voters, how is that “Hope and Change” working out for you? Hang tough Conservatives, don’t close the door and turn out the light. We get our chance for a referendum in November – VOTE OBAMA AND THIS ADMINISTRATION OUT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Jane Ingram - June 29, 2012

Here I am just one little taxpayer along with many others who probably feel the same as I do, that all the power is in D.C. with the unresponsive, uncaring and out of touch Congress. I have not seen before the level of disrespect for the Constitution. The news media compounds all of this by keeping the truth from the public. Because of this decision, the upheavel will continue for who knows how much longer. If Roberts had voted like everyone had every reason to believe he would, there would have been a sense of relief which would have been a true healing balm for our county. I am very sad for my county. Jane

Eugene L - June 29, 2012

No victory at all. You know what they say about a snake you can’t tell if it’s dead until you cut it’s head off.

Scott Morrison - June 29, 2012

The “Budget Reconciliation Process” [is] used to repeal taxes and only takes a Senate majority of 51 votes. Hey, this is now a TAX so lets try it!

john uhrhammer - June 29, 2012

Betrayed! It is just another attack on our resources to drive us into such debt that socialism looks like our ray of hope. Integrity is absent!

David Hallquist - June 29, 2012

This is by no means a Conservative victory. Arguing against the tax funding of Obama Care (the “Affordable Care Act”) will be difficult as it will likely be a hidden tax of fees, added costs and value added increases in health care costs. While the cost of health-care will likely skyrocket from such taxes, it will be difficult to trace the costs though the regulatory labyrinth to Obama-care.

Jerry Graver - June 29, 2012

I consider this a minuscule victory simply because I have no other choice. I refuse to give up. As Jim DeMint pointed out, we can no longer depend on any of the three branches of government to have our backs when considering the constitutionality of anything. That’s hard to swallow. We need to elect tee-party conservatives and throw the rest out. The fourth branch (We the People) will have the final voice. It’s my new hope and change.

Jim Cullen - June 29, 2012

Isn’t Justice Roberts’ statement that Obamacare is not authorized by the Commerce Clause obiter dicta, and thus not a binding precedent, since it was not a necessary part of his decision to uphold Obamacare based on Congress’s taxing power? Also note that his four liberal concurring Justices vehemently maintained that the Commerce Clause is a valid Constitutional basis for Obamacare.

John Williams - June 30, 2012

No. This is a blank check for future legislatures. You might as well just say The Constitution is now dead. Clever words don’t change the enormity of this decision. The Chief Justice has said anything you want to compel you may by simply calling the penalty a tax without even defining how or why the tax is permissible. Have we aver had such a tax as this one? The jurisprudence is amateurish.

Shirley Smith - June 30, 2012

It is not a victory for the constitution, and thus not a victory for conservatives.

Allen S. Greer - June 30, 2012

Seems to be the first step in getting Congress back to following our Constitution. And it is about time. Maybe it will insure a Nov. landslide for the Republicans as we elect Romney and take over the Senate.

Mike Snyder - June 30, 2012

This ruling is not in any sense a victory for people who believe that the preservation of individual liberty can be achieved only by limiting the power of governments to coerce their citizens. The court may have said that the Commerce Clause cannot be read to allow the regulation of the lack of commerce, but that is not a limitation if it concurrently stated that Congress may tax anything that it pleases for any purpose that it deems worthy, including the refusal to do something.

What we need to do after repealing all of Obamacare and those parts of the Stimulus package that established death panels is to amend the Constitution to require the Court to establish the original meaning of every clause in the Constitution and of every statute passed by Congress and to rely on only the original meaning to formulate conclusions of law. That amendment needs to specify limits of the “general welfare” clause and of the commerce clause, recognize that the “necessary and proper” clause does not confer any power in addition to the specified powers, and to limit the taxing power to the purpose of raising revenue, not of coercing behavior.

This decision removed all limits from the Congress’ power. If allowed to stand, it will eliminate freedom in the United States. To preserve freedom, it must be repealed, and the US Government forced back within its original Constitutional boundaries.

Joe Daigneault - June 30, 2012

I think that the position of the Heritage Foundation on the issue of Health Care and the PPAC Act is ridiculous. It shows a complete disregard for the health needs of millions of their fellow Americans. At least 30 million don’t have health insruance and that’s ok with you guys! Many others are fearful of losing their jobs because their health insurance goes with it. We’re the only Western Nation that does not provide Health care for its citizens. It’s a quality of life issue, the Swedes, Swiss, Canadians have it we don’t. Time we caught up with these countries and the PPAC act starts to do that.

Argiro - June 30, 2012

I do not consider this a victory.
First of all, the comments regarding the non-expansion of the commerce clause could be viewed a dicta, and as such cannot stand as “considered opinion,” which would mean it cannot be used as precedent beyond this ruling.
Secondly, I remember Obama admonishing the members of the Court during his State of the Union address. Did Roberts recall this when he came down on the liberal side of the Court? Was this public chatisement by the President strike a chord of caution in Roberts – to not go “beyond” what is politically current without further criticism. After all, the week beyond some liberal pundits were calling for his resignation, were they not?

Renny Gazy - July 1, 2012

I see no victory for we the people at all on anything. This guy is doing a fabolus job of ruining our glorious country and we can’t do anything about it. He is applying the “Alinsky Theory” to the tee! He has disabled the congress, they are dead in the water. Even if we get back the House, he doesn’t care.He has his own government with the czars, the court system and now the suprime court who now has started to make/change laws to keep things moving. He is causing total cahos and no one can stop him or anyone on his czar staff!!!
I am on my knees praying to the one who “is in control!!”

paddy o - July 1, 2012

IN NO WAY IS THIS A VICTORY FOR CONSERVATIVES.
ROBERTS HAS SET THE PRECEDENT FOR CAP AND TRADE TO BE CONSTITUTIONAL ALONG WITH MANY OTHER LIBERAL GOALS. ” Under my plan Energy costs will necessarily skyrocket. If people want to mine coal they
can, but they will go bankrupt because of the TAXES we
will put on it” Barack Hussein Obama.

Malcolm Chandler - July 2, 2012

I think Chief justice Roberts had it right By calling the Individual Mandate a tax, he threw the issue back to the American people to take action in each State to refuse to accept it. The real question is “Will the American Electorate be smart enough to insist that their State Govt’s take that action.
Unfortunately, their are probably more people on the “take ,” of Govt. funds than on the PAYING end. We ought to be instituting Voter ID which, in addition to a picture to keep dead people from voting, we ought to require a Certified Receipt from the IRS. The people spending tax money, ought to be elected by those paying the taxes.

michael s siddal - July 2, 2012

Commerce Clause discussion was only dicta and will have no real value for future abuse of that clause—Roberts wrote it to make him feel and look better…..

Carol - July 3, 2012

No, I don’t see where any citizen in this country can benefit or claim a “victory” from the decision of the Supreme Court concerning the mandate on Obamacare.
We will all be paying heavy taxes (already in the law but don’t beome effective until 2014) even without the taxes from the mandate.

As far as I’m concerned, John Roberts rendered the Supreme Court obsolete and all of the justices should resign, close the building and go home. There is NOTHING in the Constitution of the United States that allows the Supreme Court to REWRITE a law to make it constitutional. They DID NOT do their jobs and are totally unnecessary. Roberts took it upon himself to be part of the legislative branch – and THAT IS NOT THE JOB OF THE SUPREME COURT. As to why he did this, I feel it was because he was pressured by the Obama administration and the mainstream media and by doing what he did, he hoped to secure his place in history. His place in history will be viewed as a traitor.

I’m also very disappointed and angry by the fact that the Romney campaign came out yesterday and stated that Gov Romney agreed with Obama – that the penalty was not a tax.

I don’t have much faith in the so-called leaders of this nation. They have already proved that they aren’t interested in the good of the nation – only the good of themselves.

Lee Geronime - July 4, 2012

Sorry, I do not see any “victory” in Robert’s decision, and those who do are whistling as they walk by the cemetery. At best, it was a pyrrhic victory. We may have won a small battle re: commerce clause but we lost the war. And, the commerce clause language is only dicta, which may be persuasive but does not control future courts. Future Obama appointed justices will ignore it.

The argument that the ruling that Obama care is a tax, and that it can be repealed with only 51 senate votes under the budget reconciliation process ignores two controlling facts: (1) The GOP doesn’t have 51 votes in the Senate and, (2) Obama will veto any bill repealing his health care law sent to him. Therefore, until a republican president is elected, with GOP veto override control of both houses, (and that’s unlikely), the Robert’s decision is a total victory for Obama.

Linda - July 7, 2012

Americans need to realize that any victory no matter how small is still a victory. Why every American cannot see the dangerous direction these so called liberals are taking us I will never understand. Read the blogs for Socialism, Marxism and Communism and tell me that the rhetoric from these Liberals is not almost word for word a duplication of these bogs. You’re being told what they think people all around the world want to hear but in reality these statements are just lies to take control of America and its people (YOU) and then tell you “Just kidding Suckers!” Hard work and self-respect is what made America and its GOD worshipping citizens, not a free ride. There is no such thing, it does not exist. Someone has to work and pay. After they gain control you and America we will be told what job to do and get paid little or nothing. No hope for your own company or to become prosperous. Wake up before you find yourselves like the Jews did in Germany after Hitler was elected with approximately 98% of the popular vote. Fight for our America now before it is too late!!!!!!!!!

UnaffiliatedIndie - November 27, 2012

To quote Rick Ungar at Forbes Magazine,

“In July of 1798, Congress passed – and President John Adams signed – “An Act for the Relief of Sick and Disabled Seamen.” The law authorized the creation of a government-operated marine hospital service and mandated that all privately employed seamen be required to purchase health care insurance. This program was later extended to lake and riverboat sailors, as well. [...]

Keep in mind that the 5th Congress did not really need to struggle over the intentions of the drafters of the Constitutions in creating this Act as many of its members were the drafters of the Constitution.”

(The relevant article is available online at:
http://www.forbes.com/sites/rickungar/2011/01/17/congress-passes-socialized-medicine-and-mandates-health-insurance-in-1798/ ) and commented upon at http://voices.washingtonpost.com/plum-line/2011/01/founding_fathers_favored_gover.html

So much for claims that an individual mandate requiring the purchase of health insurance is unconstitutional.

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