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Media's Commentary On Obamacare Case Does Not Matter

by: douglas v. gibbs | published: 04 02, 2012

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The oral arguments in the Supreme Court of the United States are finally finished regarding the Health Care Law. It has been clear that the conservative justices will probably vote against Obamacare, and the liberal judges will rule in favor of it. And in the end, it will probably all come down to Kennedy's vote.

Do you think the Founding Fathers had in mind that a law as huge as Obamacare for over 300 million people should rest on the shoulders of one person?

Let me take the question a little further. . .

Do you think the Founding Fathers had in mind that the Supreme Court, which is a part of the federal government, should be deciding the authorities of the federal government (meaning that the federal government is determining its authorities for itself)?

All of the arguments, all of the commentary, in the end, does not matter.

26 States brought this case. 26 States are at odds with the authoritarian Health Care Law brought upon us by the liberal democrats. They decided to use the courts to launch their aversion to it. But was that the right tactic for the States to use?

Article VI, Clause 2 indicates that only federal laws made in pursuance of the Constitution (in addition to treaties ratified) are the law of the land. This means that laws that are not constitutional are illegal laws, and therefore the States do not have to implement those laws.

Yes, yes, I know, we are told that is what the whole Supreme Court thing is all about. . . deciding if the law is constitutional. But as I said, should a court that is a part of the federal government be deciding if the federal government has an authority?

Where did the courts even get that power of judicial review in the first place?

Sadly, the courts gave themselves that power through the Marbury v. Madison case of 1803. . . in other words, they seized that power.

The power to be the final arbiters of the Constitution belongs to the States, not the courts.

After all, remember, it was the States that gave the federal government its powers in the first place. The federal government is there to serve the States, not the other way around.

If these 26 States that brought this Obamacare case to the federal courts were smart, regardless of the High Court's ruling, they would simply nullify the illegal law by simply refusing to implement it in their States.

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