When someone claims that something is Constitutional, what does that mean? President Obama recently said that he will fight for a woman’s Constitutional right for an abortion, and so he would veto any law passed by Congress that limits when and if a woman can have an abortion. Did you know that as a state senator in Illinois, Barack Obama argued for the right of an abortion doctor to kill a baby born resulting from a “botched” abortion? His argument focused on finishing the procedure, and since the baby didn’t get killed the first time, the doctor should be able to finish what he started.
But, what about the right of the baby to life, liberty, and the pursuit of happiness?
The Dred Scott v. Sandford decision by the U.S. Supreme Court was called one of the worst SCOTUS decisions ever rendered. Well, I think that the National Federation of Independent Business Et Al. V. Sebelius SCOTUS decision, which said that even though the Affordable Care Act unconstitutionally went against the Commerce clause, Congress could tax U.S. citizens for failure to purchase health care insurance, is on par with Dred Scott. Telling businesses that they must provide health care insurance, telling U.S. citizens that they must purchase health care insurance, is patently unconstitutional. A government cannot, per our Constitution, and should not infringe on our liberty to purchase a product or service.
And now we get to listen to Loretta Lynch say that she feels that illegal aliens have the right to work in the United States. She is the female version of Eric Holder, the worst U.S. Attorney General ever. Making up “rights” for non-citizens is absurd and destroys the sovereignty of our country, our laws, our civil society, and more. Why stop at Attorney General, just tell Justice Ginsburg that she is no longer needed and let Ms. Lynch sit on the SCOTUS. That is sarcasm, my dear Progressive friends.
I recently read an article by an IU Law School professor that he wrote for Constitution Day, the day, Sept. 17, that we celebrate for the states ratifying our U.S. Constitution. He wrote the typical Progressive lawyer drivel that our Constitution is malleable and should be reinterpreted as society “progresses.” How often is that? Daily, apparently. Well, Mr. IU Law School professor, you are wrong. The Constitution is the supreme law of the land, as it is written. And any federal law that is “in pursuance thereof” of the Constitution is also supreme. Not any federal law, but laws made in pursuance of the Constitution. Since the Constitution is a document that limits the federal government and protects our basic freedoms, then many, many federal laws are unconstitutional. Like the ACA.
Who gets to decide what is Constitutional? Well the SCOTUS claimed it has sole power to do so and for over 200 years most of us have acquiesced. However, if you look at the Constitution, along with its sister document the Declaration of Independence, the branches of the federal government are equal. No branch has more power or authority than the other two. So, if the states and the citizens residing in those states vote to declare something is constitutional, or is not, then the law stands on its own merits and cannot be challenged by federal courts. Only if the U.S. Constitution itself is challenged can the states’ laws be ignored, at the federal level. Very few rights transcend state authority, voting and racial discrimination being two.
Who am I to say that something is Constitutional or not? Only Constitutional “Scholars” like our President should be allowed to declare constitutionality? The citizenry voted for the Constitution and are on equal footing with any so-called scholar. We take scholars advice and opinions seriously. But the Founders themselves went back to each state and submitted the Constitution, and eventually the Bill of Rights, for ratification. The people in each state voted to accept the Constitution and Bill of Rights, creating the contract that binds the states together. We are a nation of states. Don’t let the Washington, D.C. bubble convince you otherwise.
– G Dub Dub