Tuesday, July 3, 2012

Justice Roberts Inside The Beltway: Did He Forget What's Outside?




Tue, Jul 03 2012 00:00:00 EA13_ISSUESBy THOMAS SOWELLTHOMAS SOWELL12655 Beatrice Street
Los Angeles
CA
90066
USA
, Investor's Business DailyInvestor's Business DailyInvestors.com delivers unique stock investment research, education and stock tips for new or seasoned investors, combined with daily business and financial news.askibd@investors.com310-448-6600WilliamO'Neil12655 Beatrice StreetLos AngelesCA90066USA12655 Beatrice StreetLos AngelesCA90066USA - Posted 07/02/2012 06:31 PM ET

Betrayal is hard to take, whether in our personal lives or in the political life of the nation. Yet there are people in Washington — too often, Republicans — who start living in the Beltway atmosphere, and start forgetting those hundreds of millions of Americans beyond the Beltway who trusted them to do right by them, to use their wisdom instead of their cleverness.

As we and our fellow citizens observe this Independence Day commemorating the adoption of the Declarationof Independence on July 4, 1776, it is appropriate that each of us reflect upon the events of this past week and the decision reached by our Supreme Court this past Thursday.   After 236 years of liberty and freedom under the protection of our Declaration of Independence and the Constitution of our nation, Chief Justice Roberts has single handedly brought that history and tradition to a halt.
Why did he do it? Why did this respected conservative uphold what seems to be a dictatorial seizure of power — to order every citizen to buy health insurance or be punished and fined?
Congress can do this, wrote Roberts, because even if President Obama and his solicitor general insist the fine is not a tax, we can call it a tax:

“If a statute has two possible meanings, one of which violates the Constitution, courts should adopt the meaning that does not do so. … If the mandate is in effect just a tax hike on certain taxpayers who do not have health insurance, it may be within Congress’s constitutional power to tax.”
Roberts is saying that if Congress, in order to stimulate the economy, orders every middle-class American to buy a new car or face a $5,000 fine, such a mandate is within its power.

Until now, Congress could indeed offer tax credits as an incentive for buying a new car. But if a man would prefer to bank his money and not buy a new car, can Congress order him to buy one — and fine him [a penalty] if he refuses?

Roberts has just said that Congress has that power.

Be assured that that fact has not escaped president Obama!  If he is re-elected this fall, do not be surprised if he and the Democrats use that new power to impose their will and vision for a new society on this nation.

As the Chief Justice wrote in his opinion:
“We (the Court) 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.”
It is my sincere hope that “the people” of this great nation will think long and hard on this Independence Day about what has just transpired and the consequences of their past electoral actions or inactions.  Consider what must be done in the coming general election least we may have just witnessed the opening of the final chapter of “the great experiment”. 


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