Constitution

In a 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit held that the individual mandate of ObamaCare is constitutional.

Writing for the majority, Senior Judge Laurence Silberman (left), a Reagan appointee, affirmed that by enacting the Patient Protection and Affordable Care Act, specifically the provision mandating that everyone purchase qualifying health insurance, Congress did not exceed the authority ceded to it by the states in the Constitution.

As with the constitutional struggle that was stirred up by the passage of ObamaCare, the President’s latest pet proposal is brightening the battle lines between friends of federal power and those who advocate the protection of the sovereignty of states.

Last Friday a superior court in New Jersey held that a “marriage equality” suit may proceed. The ruling had the effect of partially denying a motion to dismiss filed by New Jersey Attorney General  Paula Dow.

In what is becoming a crucial battle in the war being waged by an ever-expanding federal authority against the sovereignty of the states, Alabama has been instructed to heed the voice of the power on the Potomac. On Friday, the U.S. Department of Justice sent a letter to the Attorney General of Alabama, Luther Strange, instructing him that despite the position taken in his earlier correspondence to the department, the DOJ has authority to conduct investigations into possible violations of the civil rights of immigrants.

In the post-9/11 world, we are told, security takes precedence over everything else. The Bill of Rights must give way so that the government can search our persons and belongings practically at will. Common sense must yield to ridiculous rules about how many ounces of shampoo we can take on an airplane. Now, according to a ProPublica report on airport X-ray scanners, even our health must take a back seat to the government’s security fetish.

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