You are here: HomeU.S. NewsConstitution

Constitution

On June 18, Governor John Lynch of New Hampshire signed into law HB 146, a bill granting to juries in that state the right “to judge the application of the law in relationship to the facts in controversy.”

Despite Thursday’s controversial Supreme Court ruling on ObamaCare, states retain the right and authority to nullify the healthcare law, and the state of Missouri, among many others, is undertaking efforts to do just that. According to Missouri legislators, regardless of the High Court's ruling, Missouri voters will maintain the opportunity to vote for or against the so-called Affordable Healthcare Act in November. And Missouri is not the only state seeking to circumvent ObamaCare.

We’re all familiar with the classic Shell Game. We follow the ball. We know the huckster's tricks and we know he is moving it around to trip us up, but we believe our eyes are faster than the huckster’s hands.

Since the day in November of last year when the Supreme Court announced that it would hear the ObamaCare case, Americans have watched the ball of the individual mandate. We reckoned that we knew where the huckster was going to put it and some of us thought there was even a chance that it would fall off the table completely.

Then yesterday, after we all had placed our bets, confident that it would show up under the Commerce Clause shell, the huckster ended the game by revealing the location of the individual mandate ball: It was under the Taxation Clause shell. We all guessed wrong and we all lost.

“What the Court did not do on its last day in session I will do on my first day if elected President of the United States. And that is I will act to repeal Obamacare.... Obamacare was bad policy yesterday. It's bad policy today. Obamacare was bad law yesterday. It’s bad law today.”

That was Republican presidential candidate (and presumptive nominee) Mitt Romney’s response to today’s Supreme Court ruling upholding ObamaCare. Yet under the Constitution, the president does not have the power to repeal acts of Congress.

“Simply put, Congress may tax and spend.” With those historic words, the Supreme Court forced upon the United States a bleak dawn of a brave new world in which the federal government cannot be checked in its march toward totalitarianism.

In a 5-4 decision the Supreme Court upheld the joint venture of the President and Congress to force every American, regardless of ability or desire, to purchase a qualifying health care insurance plan by 2014 or face a tax penalty for failure to comply.

Today’s ruling demonstrates a bizarre interpretation of the Constitution wherein the majority of the justices held that while the Constitution does not grant Congress the power to compel the purchase of a commodity, it does have the power to tax anyone who doesn’t make such a purchase.

Sign up for The New American daily highlights