The Supreme Court is not supposed to win beauty contests. It is supposed to determine, when cases are brought to it and it sees a constitutional issue in them, if the law fits into the principles of the Constitution or not.
That's it.
If politics is present, and let us not be so naive as to suppose that the Court lives in a bubble sanitized from what's going on in the world, then it is the constitutional politics of making that great document safe in the face of newer and even more "unheard of by the Drafters" ideas.
But, the US Constitution is extremely flexible, in the good sense of that word. It encapsulates in few words what makes a government work for its people. And, it is not for nothing that the US Constitution is copied and used all over the world when people are seeking a format for governing themselves.
But, the members of the Court are human and subject to all the errors that entails. So, sometimes they stray from their constitutional path and try to "fix" something. That usually means the Commerce Clause gets a new overhaul. Surprisingly, the Court recognized in the Obama care case that the Commerce Clause just couldn't be stretched far enough to make Obamacare's "penalty" pass constitutional muster.
But, there is a taxing power in the Constitution and it rests with Congress. And, if the penalty could be called a tax, voila! Obamacare works.
Remember when Justice Ginsberg commented during oral argument that a lot of people need health care? That's a "fixing something" question.
I'll do more this weekend, but as for Chief Justice Roberts, he will have to live and die with the Obamacare decision. Rather like Queen Mary of England said in the 16th century after losing Calais to the French, that she would die with Calais carved on her heart. Cold comfort. But, one does not get to the Chief Justiceship without wanting to make a mark in history. Roberts has done that, for good or bad.
As for deciding that the decision was a priori null, I doubt that would win. But, what about impeaching Roberts? I doubt it because that would need to entail gross morality issues.
But, there is still a lot of room to undo what Roberts did. That's why the November election is so important. If Americans give another mandate to Obama and the Democrats, then as we all say from time to time, the rest is history - unconstitutional history.
A sad way to make oneself go down in history.
ReplyDeleteBut didn't the 4 dissenters see that it didn't need to be stretched for it isn't good law, and by all accounts a strong majority has said they don't want it. I know the court rules on issues as they fall within the constitution. But isn't this stretching actually making law from the bench?
ReplyDeleteTks for you explanation and it's quickness,
"The people are the government, administering it by their agents: They are the government, the sovereign power".
ReplyDeleteAndrew Jackson
Over the past day or so all I've heard on TV and from friends in the business is healthcare, mandate, tax. I don't think I'm wrong about this but isn't this Obamacare a trial balloon for more government control over our lives. Less individual choice and more don't worry the gov't will take care of you. Don't do that, do this instead it's better for everyone, etc., etc. What is really about is that one thing that American is all about - PERSONAL FREEDOM. The right to do what we want, if we are not infringing on others freedoms, and suffer any consequences or reap any rewards.
I know you said you don't like to mix politics and religion, maybe politics and morality, so I refrain at this point of saying anything about "rights".
I strongly believe that this discussion on Obamacare and it's constitutionality , and the Supreme Courts involvement is every bit as important as the War of Independence, Civil War, Great Depression, JFK assassination, Watergate,and 9/11. All these occurrences help shape this great nation to a greater or lesser degree. Presently what we're involved in today ranks with them.
"Freedom is more than just another word for nothing left to lose".
If the “knowledgeable” people are correct about Chief Justice John Roberts, then I’m about 65% wrong. That’s going to be shock to the system. In all seriousness may rival Hillary Clinton and Michelle Obama for the title of The Smartest Person Alive. Only time in his case will tell. A very good friend of mine (a political lawyer) told me yesterday that with this ruling that the spending spree of the Great Society is now in check. He says that spending budgeted monies is one thing, whereas increasing taxes to spend monies is a horse of a very different color.
ReplyDeleteIt seems the surprise move that the Chief Justice made on this past Thursday was planned like a critical military invasion. The only difference was Robert’s went off without a leak to the press or a single hitch. “Pure brilliance” as my friend described it. Before I get off topic to far I’ll hold specific detail for if or when Casey Pops goes into this subject with her legal expertise.