Now what will happen?
On Tuesday in Florida Judge Vinson struck down obamacare as unconstitutional for going beyond the reach of the commerce clause. There have no been two judges to say the law is unconstitutional and two judges who said it wasn’t. Is this the Democratic Republic being represented by different points of view or ideology or interpretation of the Constitution. We have seen cases in the past on the Supreme Court related to the commerce clause, wickard vs filburn and etc. We have seen our Federal Government continue to grow and reach into our daily lives deciding our choices for us. The founders while living in a different time held the belief of a strong central government but a limited one. You must ask yourself this question? What would Madison, Jefferson, Adams and others think of size, scope and reach of our current Federal Government.
I happen to agree with Judge Vinson ruling on one major point, that the government can’t regulate inactivity. I know many have used the auto insurance mandate for this argument, that however is state issued mandate. If this came from the federal level it would also violate the commerce clause in my opinion. Could they regulate that I buy car insurance if I don’t own a car? If someone runs their car into someone else’s they are causing damage to someone’s property. Whether or not I have health insurance causes no damage to nobody except myself. Individual freedom and responsibility are at the core of this whole argument about how much the government should be able to control our lives. I would like the choice, I don’t require government to make it for me, I don’t want them prying into my medical issues, I decide how much coverage to have.
The debate about the commerce clause will always rage on in this Country, for many people have different ideas of how it’s used. I tend to use original intent, to regulate commerce between foreign nations, between States and Indian tribes. It says nothing of private citizens and a private company or growing food on your property. The Federal Government has continued this assault on our personal choices and decisions for the supposedly common good. They should be staying out of people’s lives as much as possible when making new laws.