"The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing; if these limits may, at any time, be passed by those intended to be restrained?"
"But there is another way to look at these precedents—that the Court either should stop saying that a meaningful limit on Congress’s commerce powers exists or prove that it is so."
Last March, I compared the arguments over the constitutionality of ObamaCare as put forward by a liberal and a conservative circuit court decision. The Supreme Court will take up the issue over the next three days.
I cannot stress enough how important this case is. I fully believe the bill should be struck down, not because it is too expensive (it is), not because the American People didn't want it (they didn't), nor because there was no transparency in the process (there wasn't); it should not be struck down because it undermines American civic virtue (it does), not because we were lied about how expensive it will be (we were), nor because it increases medical costs while reducing coverage and causing people to lose their current insurance.
This individual mandate must go because if it stands, the Constitution will cease to be the bastion of our individual liberties. If Congress can force us into commerce, it may regulate any aspect of our lives it so chooses. The entire idea of a limited federal government of enumerated powers will dissolve if absolutely anything Congress would like to do can be justified by the Commerce Clause; as the Founding Fathers didn't just pen "Congress has carte blanche", I think it is safe to say this was not their intention.
Those who like this bill will accuse me of wanting the bill struck down for purely policy reasons. To them I ask, where is the limit of the Commerce Clause? I will not accept the response that there is none. If that argument is upheld, all Congress will ever need to do again is invoke the words "Commerce Clause" and declare the issue settled.
Limits on what government may or may not do are extremely important. I get it that the supporters of this bill think it is all sorts of awesome, but that does not change the fact that they lack a constitutional argument outside of Congress has absolute power to do as it likes. If you annihilate the limits of government, you cannot then cite those same obliterated limits when another political party obtains power in Washington and starts using this new found mandate power in ways you don't like. Why? Because they'll simply quote your defense of ObamaCare.
This is Pandora's Box. Don't open it.