Comment By,
M. Richard Maxson
Liberal commentators were shocked this past week when in three days
of oral argument in the lawsuits challenging Obamacare, five Supreme
Court justices — a majority — asked questions strongly suggesting they
think the legislation is unconstitutional. They think the document is too old and doesn't apply well in the 21st century. So the
Constitution — and the limits it places on Congress' powers — is once
again part of our politics. And will continue to be, whichever way the
Court rules.
The assumption by the Democrat party is that the federal government's power to regulate the economy has no limits. Fortunately for Americans the arguments, developed by Georgetown Law professor Randy Barnett
and others, that it is beyond the powers conferred by the Constitution
for Congress to mandate the purchase of a commercial product — health
insurance in Obamacare — were certainly taken seriously by a majority of
Supreme Court justices last week and the government's lawyers were unable to answer the questions of both liberal and conservative justices, if Congress can do this, what can't it do? (Refer to the US Constitution)
Members of Congress may reasonably regard themselves as bound to vote
against measures they conscientiously believe unconstitutional. Barry
Goldwater did this when he voted against the Civil Rights Act of 1964,
even though he had integrated his own business many years before, on
constitutional grounds.
Goldwater's constitutional argument,
predictably, wasn't accepted by the Supreme Court. And his vote gave
the Republican Party an unfair reputation for being anti-civil rights.
But I think he was entitled to think his oath required him to vote that
way.
Clearly, the two parties are divided on the
constitutionality of the Obamacare mandate. Polls have shown large
majorities of voters think the provision is unconstitutional.
Voters
can and should reasonably ask candidates for Congress their views on this and
other constitutional issues and call on them to vote against measures
they consider beyond Congress' constitutional powers.
