Tuesday, July 17, 2012

Obamacare decision, the S.Ct. and Federalism

Good article on federalism and the Obamacare decision from the conservative Weekly Standard.  Thanks to 44 for the link.


  1. The following was my initial e-mail comment regarding the link.

    "Does SCOTUS uphold the constitution's framework of federalism? IMHO ... no. Few supreme justices might, but most have proven a politically driven ideological slant. Ruling “Obamacare” constitutional under congress’ taxing powers is another example of their ignoring states’ sovereign rights as predicted by NY Supreme Justice Yates in 1788. James Madison addressed this domestic concern by way of the 9th and 10th Amendments. The latter of which I view as the supreme law of land that gives structural support and credibility to the remaining constitution.".

  2. Just wanted to add a quote, in regards to what's considered appropriate taxation, by NY Supreme Justice Yates, writing under the pseudonym "Brutus".

    "Neither the general government, nor the state governments, ought to be vested with all the powers proper to be exercised for promoting the ends of government. The powers are divided between them - certain ends are to be attained by the one, and other certain ends by the other; and these, taken together, include all the ends of good government. This being the case, the conclusion follows, that each should be furnished with the means, to attain the ends, to which they are designed."

    The anti-federalist papers edited by R. Ketcham, Signet classic, 1986, p. 286

    To say the federal government has perversely overreached their delegated constitutional role is a gross understatement. Our country does have its own supreme crown jewel, it's called the U.S. Bill of Rights.