The Supreme Court Has Spoken
|by Darrell L. Castle
The Supreme Court has announced its ruling in regard to the Patient Protection and Affordable Care Act commonly known as Obamacare. My purpose in this article is to point out that those of us in the Constitution Party endeavor to return America to the rule of law as expressed in the US Constitution. That’s why we carry the name Constitution Party. We also seek to restore a concept fundamental to Western Civilization and that is the understanding between government and citizens that the law applies equally to all. The question for us then is where do we go from here in furtherance of our goals.
From a negative standpoint calling Obamacare the Patient Protection and Affordable Care Act is like calling a new intercontinental ballistic missile the Peacekeeper. The system this act purports to establish is certainly not affordable, at least not by those who will actually pay for it, and it doesn’t offer much patient protection either. The majority opinion takes some interesting twists and turns to arrive at who will pay. For example how do you justify a fine for being unwilling to buy health insurance—just redefine the fine into a tax and everything is OK.
In arriving at its justification for placing its stamp of approval on Obamacare the majority stated “It is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income but choose to go without health insurance.” “Such legislation is within Congress’s power to tax.” From that statement, one can conclude that it will be those among the 50 per cent who actually pay income taxes and who choose not to buy the insurance, that will be paying the fine, or tax. This twisted logic appears to be a legal fiction created by the Court to escape the failure of the Commerce Clause to expand enough to cover Obamacare.
This is not the end of the Constitution as some have said. Instead, it is an indication that the Constitution died a while back in the hearts and minds of many of the American people and their leaders. The Constitution ended when Congress and the American people refused to hold Presidents accountable for their violations of the rule of law. When a Pressident openly announces that the law does not apply to him, and that he is free to make war without consulting Congress, and that he is free to kill or imprison without trial anyone he wants, then the Constitution is dead. The Constitution as the rule of coherent law in America has been replaced by armed force and in the case of Obamacare by armed robbery. If a robber stops you on the street, puts a gun to your head and demands your money, you might give it to him to avoid being shot. When the robber demands your money, you would probably feel no better, no less threatened if he explained that he needed the money for people less fortunate than you or for some other good cause. No, armed robbery is a crime in America unless it is committed by the government and then it’s a tax.
The good news is that we are still alive and fighting. We are Like Washington’s rag tag army which was pushed all over the eastern seaboard and Canada for years by the British, winning only a couple of battles. Ultimately though, it was Cornwallis who surrendered to Washington at Yorktown and not the other way around. The fate of Washington’s army was in the hands of God as is our fate today. There is still plenty of time to snatch victory from the jaws of defeat because President Obama the US Congress, and the Supreme Court have delivered into our hands perhaps the greatest issue we have ever had to campaign on.
We in the Constitution Party demand and will work for the repeal of Obamacare. We call upon Americans of like mind who love liberty and want the Constitution restored to join us in this effort. Candidates for national office should be conducting webinars, town hall meetings, etc. to rally the people to our cause and to answer their questions. A question that deserves an answer is “If you oppose Obamacare, what kind of healthcare would you propose for America?”. Describe your health plan and tell the currently insured where it would leave them and where it would leave the poor and uninsured. Candidates must be able and willing to answer those questions if they are to be taken seriously as candidates. Mr. Romney, the Republican candidate, now says that he would see Obamacare repealed, but since he invented it while Governor of Massachusetts I am skeptical of whether or not we would ever see repeal under a Romney presidency.
There are however, other choices besides Romney and Obama. The Constitution Party’s candidates, Virgil Goode and Jim Clymer are clearly the best candidates. Virgil Goode is the one candidate who would, without a doubt, see to the repeal of Obamacare. Like the men in Washington’s ragtag army we fight on suffering defeat after defeat but confident that by God’s grace we will ultimately achieve victory and restore the rule of law as expressed in the Constitution.