I woke up this morning hotly anticipating the SCOTUS decision on the constitutionality of Obamacare, fully expecting it to be ruled unconstitutional. To my dismay, it was upheld (and Roberts, rather than Kennedy, was the deciding vote). I was happy to see that SCOTUS rejected the government’s claim that Obamacare was a valid expression of Congress’ ability to regulate interstate commerce (although Ginsberg, unsurprisingly, thinks it is), but I was blown away that they considered it a tax. Seriously? Talk about legal and semantical obfuscation! As Wesley J. Smith wrote, “It appears that the Supremes have rewritten the law in order to uphold it.” With this approach to law and constitutionality, anything can be made legal…the constitution be damned.
Apparently now the federal government can require us to buy whatever they want so long as they call it a “tax” (something Obama and the Dems specifically said it was not). Calling something a tax doesn’t make it one. Perhaps we’ll all be required to buy, I mean pay a tax for tofu next year.
When Congress can pass such a law, and SCOTUS can uphold it as being constitutional, I fear that we are no longer being ruled by a Constitution but by the whims of those who hold office. Federalism is dying. Power is shifting away from the states and to the federal government. Who needs state governments when the federal government can regulate all of American life? I fear we are no longer the United States of America. We are simplyAmerica.