Showing posts with label Chief Justice Roberts. Show all posts
Showing posts with label Chief Justice Roberts. Show all posts
Friday, June 21, 2013
Was Justice Roberts Intimidated Into Voting for ‘ObamaCare’? Senator Mike Lee Presents the Evidence
From The Blaze
After Chief Supreme Court Justice John Roberts voted to uphold the Affordable Care Act, more commonly known as “ObamaCare,” many wondered if there could be a yet-unknown reason why the Republican-nominated justice made the unexpected decision.
On the Glenn Beck radio program Tuesday, Senator Mike Lee (R-UT) explained why he believes Roberts was intimidated into changing his vote late in the process, as laid out in his new book Why John Roberts Was Wrong About Healthcare.
Lee’s argument is not based on the NSA or its monitoring of the nation’s communication. Rather, Lee said, there are indications that Roberts originally intended to vote against the act, but that a public “campaign of intimidation” made him change his mind.
First, the senator claimed “the opinion was written in a way to suggest he switched his vote,” and that the dissenting opinion reads like it was originally written as the majority. He added that several news outlets reported that Roberts did change his vote, based on insider information.
CONTINUED: http://www.theblaze.com/stories/2013/06/18/was-justice-roberts-intimidated-into-voting-for-obamacare-senator-mike-lee-presents-the-evidence/
Friday, July 13, 2012
Ken Blackwell: Constitution’s Limits Threaten in an Obama Second Term
Note: This column was coauthored by Ken Klukowski, a Breitbart.com columnist
Public officials and pundits are still digesting the Supreme Court’s Obamacare decision in NFIB v. Sebelius. Not yet discussed are the extraordinary implications for the size and role of government in a second Obama term in light of President Obama’s new stump speech, as it is clear there is not a reliable majority on the Court to restrain government power by enforcing the limits imposed by the Constitution.
Most provisions in the Constitution fall into two categories. The first are authority provisions, explaining the structure and powers of government. The second are liberty provisions, declaring certain rights of the people.
The original Constitution had only the former, because the latter were regarded as superfluous. If something was not found in a specific authority clause, it was automatically illegal and beyond the purview of the federal government. Political backlash from the Anti-Federalists and others led to some states threatening to withhold ratification unless a Bill of Rights was promptly added. Likely our fourth president James Madison would have lost his first congressional race to our fifth president James Monroe had Mr. Madison not joined Mr. Monroe’s call to add the Bill of Rights to the nascent Supreme Law.
Perhaps the most revolutionary aspect of our Constitution is that it is a written document. It is written so that all can see what the powers of the national government are, and guaranteeing in the Tenth Amendment that all powers not specifically granted to the Constitution are reserved to the states or the people. This doctrine of enumerated powers is the cornerstone of our constitutional order and the federal system.
We wrote in our second book that if President Obama won a second term, Americans’ liberties would only be as secure as the courts were faithful to properly exercise their power of judicial review to invalidate actions that violate the Constitution. Whether invalidating unconstitutional legislation passed by Congress or unconstitutional executive actions, the courts must not flinch when cases are properly brought to them.
Mr. Madison explained that “ambition must be made to counteract ambition” for checks and balances to work. Each branch must boldly discharge its constitutional duty. Part of the tragedy of the Obamacare decision is realizing that the current membership of the Supreme Court will not exercise robust judicial review.
CONTINUED:
Public officials and pundits are still digesting the Supreme Court’s Obamacare decision in NFIB v. Sebelius. Not yet discussed are the extraordinary implications for the size and role of government in a second Obama term in light of President Obama’s new stump speech, as it is clear there is not a reliable majority on the Court to restrain government power by enforcing the limits imposed by the Constitution.
Most provisions in the Constitution fall into two categories. The first are authority provisions, explaining the structure and powers of government. The second are liberty provisions, declaring certain rights of the people.
The original Constitution had only the former, because the latter were regarded as superfluous. If something was not found in a specific authority clause, it was automatically illegal and beyond the purview of the federal government. Political backlash from the Anti-Federalists and others led to some states threatening to withhold ratification unless a Bill of Rights was promptly added. Likely our fourth president James Madison would have lost his first congressional race to our fifth president James Monroe had Mr. Madison not joined Mr. Monroe’s call to add the Bill of Rights to the nascent Supreme Law.
Perhaps the most revolutionary aspect of our Constitution is that it is a written document. It is written so that all can see what the powers of the national government are, and guaranteeing in the Tenth Amendment that all powers not specifically granted to the Constitution are reserved to the states or the people. This doctrine of enumerated powers is the cornerstone of our constitutional order and the federal system.
We wrote in our second book that if President Obama won a second term, Americans’ liberties would only be as secure as the courts were faithful to properly exercise their power of judicial review to invalidate actions that violate the Constitution. Whether invalidating unconstitutional legislation passed by Congress or unconstitutional executive actions, the courts must not flinch when cases are properly brought to them.
Mr. Madison explained that “ambition must be made to counteract ambition” for checks and balances to work. Each branch must boldly discharge its constitutional duty. Part of the tragedy of the Obamacare decision is realizing that the current membership of the Supreme Court will not exercise robust judicial review.
CONTINUED:
Tuesday, July 3, 2012
Letter to the Editor: Take Another Look by CCTA Member Lou Call
July 2, 2012
The Sun Journal, Letter to the Editor
Take another look….
Like most people I was initially disappointed over the ruling of Chief Justice Roberts regarding Obamacare; I felt betrayed. After a cooling down period I delved into the Courts decision and began to realize that the Chief Justice is nothing short of genius. Let’s look at the decision itself.
The Chief Justice emphatically stated that Obamacare is unconstitutional under the Commerce Clause saying you cannot make people buy stuff. He then stated that it is unconstitutional under the “necessary and proper” clause which only applies to “enumerated powers” in the US Constitution.
This is huge because this means that the Court ruled 9-0 that Obamacare was unconstitutional under the Commerce clause which was Obama’s whole defense of the bill.
Obama has stated many times that the provisions in Obamacare requiring Americans to purchase health care insurance is not a tax. Obama assiduously avoided using the term “tax” and now he has to admit this law is a tax and it is on everyone even the poor. Virtually everyone agrees that the Federal government has the power to do this as it does with the mortgage deduction for federal income taxes.
All is not lost. The November election will be about the economy and Obamacare. The Supreme Court decision will help Romney and those Republicans seeking election in the Senate. More importantly is the fact that this makes this a budgetary issue that can be voted on in the Senate by a mere majority instead of 60 votes needed to stop a filibuster. This means that if the Republicans can gain a majority in the Senate, it can vote to repeal Obamacare in total.
There is no question that the Congress will vote to repeal with the shadow of the outcome of the 2010 elections still looming over them. When one considers that more than 60% of the voters going to the polls are in favor of repeal we have within our grasp the opportunity to rid Washington of our socialist president and his minions that surround him; his ‘czars’.
The future of this great Country rests in all our hands. I implore you to write, email and FAX our elected representatives demanding they repeal Obamacare. The vote of Chief Justice Roberts has put the ball back in our court. It is up to all of us to move that ball forward. Remember, ‘evil triumphs when good men (and women) do nothing’!
Louis Call
New Bern, NC
The Sun Journal, Letter to the Editor
Take another look….
Like most people I was initially disappointed over the ruling of Chief Justice Roberts regarding Obamacare; I felt betrayed. After a cooling down period I delved into the Courts decision and began to realize that the Chief Justice is nothing short of genius. Let’s look at the decision itself.
The Chief Justice emphatically stated that Obamacare is unconstitutional under the Commerce Clause saying you cannot make people buy stuff. He then stated that it is unconstitutional under the “necessary and proper” clause which only applies to “enumerated powers” in the US Constitution.
This is huge because this means that the Court ruled 9-0 that Obamacare was unconstitutional under the Commerce clause which was Obama’s whole defense of the bill.
Obama has stated many times that the provisions in Obamacare requiring Americans to purchase health care insurance is not a tax. Obama assiduously avoided using the term “tax” and now he has to admit this law is a tax and it is on everyone even the poor. Virtually everyone agrees that the Federal government has the power to do this as it does with the mortgage deduction for federal income taxes.
All is not lost. The November election will be about the economy and Obamacare. The Supreme Court decision will help Romney and those Republicans seeking election in the Senate. More importantly is the fact that this makes this a budgetary issue that can be voted on in the Senate by a mere majority instead of 60 votes needed to stop a filibuster. This means that if the Republicans can gain a majority in the Senate, it can vote to repeal Obamacare in total.
There is no question that the Congress will vote to repeal with the shadow of the outcome of the 2010 elections still looming over them. When one considers that more than 60% of the voters going to the polls are in favor of repeal we have within our grasp the opportunity to rid Washington of our socialist president and his minions that surround him; his ‘czars’.
The future of this great Country rests in all our hands. I implore you to write, email and FAX our elected representatives demanding they repeal Obamacare. The vote of Chief Justice Roberts has put the ball back in our court. It is up to all of us to move that ball forward. Remember, ‘evil triumphs when good men (and women) do nothing’!
Louis Call
New Bern, NC
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