The Federalist Papers #78
"The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body." - - - - Alexander Hamilton
For good or ill, Obamacare is now a POLITICAL decision that must be resolved by Congress
- Now the spotlight is on a Big Government Republican Party that has never abolished or cut spending on one single meaningful government program.
Another day in American politics. Conservatives are screaming at the "stupid" Supreme Court for not coming to the right decision on Obamacare.
Never mind that for years so-called "Conservatives" have screamed at the Court for judicial activism in imposing their will on Congress. Now Conservatives complain that the Court needs judicial activism to impose their will on Congress.
So what else is new? Welcome to the insane world of American politics where the politicians and common people believe in nothing but the politics of the moment.
Chief Justice John Roberts:
'Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A need not be read to do more than impose a tax. This is sufficient to sustain it. '
I disagree with the Court on Obamacare, but I come from a Constitutional Federalist point of view that represents at best perhaps 10% of the American people.
The so-called "Conservatives" bitching at the Court today have had no problem at all in voting to massively expand and fund the centralized power of a Big Government state. Those Republicans opposing Obamacare have voted to grow and fund everything from Medicare expansion to Federal intrusion into local school classrooms to FDA rules on what drugs a dying cancer patient will be allowed to take.
Simply the Constitution and Bill of Rights has no meaning to politicians to either party.