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Saturday, June 30, 2012

Obamacare Is Not Constitutional

Senator Rand Paul
The American people can correct the Supreme Court’s mistake.

Political observers have described the 2010 Tea Party wave as an extraordinary assemblage of liberty-minded Americans who rallied around the Constitution in order to reclaim their country. One of the galvanizing forces was the passage of Obamacare — the national government’s takeover of our health care. Millions of Americans were enraged by this and other aspects of the Obama administration’s destructive political agenda, and they were sick and tired of their representatives’ failure to do anything to stop it. The 2010 wave election was a direct consequence of Obama’s unconstitutional ideals and czar-like power. And now, with the announcement of the Supreme Court’s decision to uphold Obamacare, it is my belief that the American people will be motivated to reorder our political priorities as they did in 2010.

On Thursday, the Supreme Court upheld Obamacare’s individual mandate in a 5–4 decision authored by Chief Justice John Roberts. The Supreme Court wrongly concluded that Obamacare can stand. But just because a majority of the Supreme Court declares something to be “constitutional” does not make it so. Millions of Americans simply won’t accept it and will act to help overhaul it.

Make no mistake: Obamacare is not constitutional. As a consequence of the Court’s ruling, Americans, whether they want it or not, will be compelled to purchase a product — health insurance — or pay a penalty.

The majority held that this penalty, for constitutional purposes, is also a tax. The dissenting justices concluded that the majority, by its actions today, rewrote what Congress actually intended when it enacted the law: “For all these reasons, to say that the Individual Mandate merely imposes a tax is not to interpret the statute but to rewrite it. Judicial tax-writing is particularly troubling.” The dissent then immediately cites the Stamp Act of 1765.

The Stamp Act was a direct tax imposed on the colonies by King George III. This act inevitably led to the American Revolution. Just as the Stamp Act did in 1765, Obamacare should act as a wake-up call. Chief Justice Roberts provides us with a similar call to action in his opinion, which states:

Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.

Obamacare exists because Obama is in the White House. This decision is a direct consequence of the American people’s political decisions. And much like Obama himself, Obamacare was deceptively sold to the American people.

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