Obamacare and the Supreme Court
Unless you’ve been living under a rock this week, you are probably already aware that the Supreme Court has finally taken up the Obamacare case. At this point everyone pretty much knows which camp they belong to regarding whether they are for or against it. Certainly the final outcome will have a profound impact on our lives in the future. In fact, I would dare to say that this could well be a defining moment for our nation. Not necessarily because of the final decision, although that is certainly important, but more importantly will be the basis for how that decision is arrived at.
Whether you or I agree or disagree with Obamacare, what’s ultimately important is its constitutionality, or more precisely how it is determined. Once a decision has been made there will be two opinions issued, one for the affirmative, and one for the negative. What is important is what basis each ultimately cites for its findings. The Supreme Court is the arbiter of the Constitution. As such, it should ultimately have very little margin for indecision as it adjudicates the intent of the law. It is grossly inappropriate for any Justice to cite such things as personal preference, their agreement with the law, fairness, social engineering, or foreign laws when making their decision. The only thing that counts to an honest court is the original intent and application of the Constitution, period.
If one side fails to specifically cite the Constitution appropriately in their findings that means they are working as activist judges in an ideological fashion. This would be a blatant attempt to usurp the checks and balances that maintains our separation of powers. These are truly scary times for all of us regardless of our position. Most people view the Supreme Court as the last bastion of protection for our constitutional rights. Once a nation loses that protection history has proven many times over that the next step is anarchy since all faith becomes lost in the existing legal system. Many have tried to use the mantra that the end justifies the means, but in a just legal system there can be no legitimate end if it isn’t arrived at through the proper means.