The Promised Land of Restored Constitutionalism

As almost anyone who pays any attention to politics probably knows by now, the lawsuit against Obamacare by twenty-six states received a favorable ruling yesterday. Federal District Court Judge Roger Vinson concluded that the law was a violation of the Constitution since it mandated that people buy health insurance.

Judge Vinson


Vinson went further than the Virginia judge who ruled against the law a number of weeks ago. Instead of declaring that only one part of the law was unconstitutional, he noted that you cannot sever that one part from the whole: since that one part was so foundational to the statute, the entire law is unconstitutional. That makes eminent sense.

Already the law’s backers are challenging the ruling. The Obama administration calls the decision “judicial activism.” How ironic. Obama stretches constitutional provisions beyond recognition, while Judge Vinson calls us back to original intent, and Vinson is the activist? There’s an academic term for that: baloney.

While this is an important milestone in the drive to overturn Obamacare, it isn’t the last word. It will be appealed through the system until it arrives on the steps of the Supreme Court, and there’s still no telling how the Court will rule.

Meanwhile, Sen. Jim DeMint has prepared an Obamacare repeal bill for the Senate, following on the House’s vote for repeal earlier. At last report, DeMint had all forty-seven Republican senators on board. That’s almost unheard of, considering who some of those senators are. All it will take is for four Democrats to come over to the Republicans’ side and this could be sent to the president’s desk. Yes, it will be vetoed if that occurs, but the sense of the entire Congress will be clear and Obama will be the lone obstruction. In a nation where more than 50% of the electorate (particularly among those who are most likely to vote) wants it repealed, he will suffer politically for his stubborn resistance to constitutional limitations.

Most of what Obama has proposed is unconstitutional; beyond that, none of it has ever worked for anyone else, so why believe it will work here?

There’s a lot that needs to be reversed after the past two years. The Promised Land of restored constitutionalism is not yet in view, but one gets a feeling we’re at least marching in the right direction.

An Endangered Tax Deal?

That tax deal I wrote about yesterday may be in trouble. The biggest potential obstacle resides in the outcry on the Left. They feel betrayed by “their” president. They can’t stomach the idea that no one making more than $250,000 will be penalized by higher taxes. In their Marxian worldview, this appears to be unfair. There is no guarantee that enough Democrats in Congress will support this deal.

On the Right, there are concerns as well. Sen. Jim DeMint is indicating he may filibuster against it because it extends unemployment benefits without any way to ensure they are paid for, meaning that this will drive us deeper in debt. Another point of heartburn is the revival of the inheritance/death tax. In this case, it would only affect those whose estates are worth more than $5 million, yet there is a principle at stake here: this is a penalty that falls on those who will inherit the estate, and it’s really a form of double taxation. Inheritance taxes in the past were so high at times that the inheritors had to sell the estates even to pay the taxes. Are we heading down that icy road again?

Those are legitimate concerns. In one sense, I wouldn’t mind the deal failing right now. The new Congress, populated with a higher percentage of constitutionally minded representatives, will undoubtedly come up with a better bill. Maybe that would be for the best.

At the same time, the commission that Obama set up to address the deficit has unveiled what it would like to do. It’s a grab bag of less spending and higher taxes. The first sounds good, but the second will work against economic growth. And the “solution” for items such as Social Security is no solution at all—just more of the same band aid approach that doesn’t fundamentally change anything. What about Obamacare? Untouched.

Well, this is such a complicated issue, you know—how is it possible to come to an easy solution for our deficit woes?

We have a tendency to make things harder than they really are, and it doesn’t take a doctorate to figure out the best way out of our sad situation. What we lack is the determination to do what’s right.

O'Donnell & the Tea Party: Getting Republicans' Attention

A new heroine has emerged from the Tea Party movement, and her emergence has establishment Republicans in shock.

Christine O’Donnell was not supposed to win the Delaware Republican primary for the open Senate seat. It was foreordained that “moderate” Mike Castle was the heir apparent. Castle’s “moderate” positions included voting against the pro-life cause and for the bailouts and stimulus packages. Yet O’Donnell stunned everyone with a classic come-from-behind victory that most politicians never experience.

Her path to victory in the general election will be steep, but she’s used to that. It’s obvious that her primary win was in part fueled by endorsements from Sarah Palin and Sen. Jim DeMint. Just as significant as the win itself was the enthusiasm of voters in the Republican primary. The numbers who voted were far beyond anything in Delaware history. Could that be a harbinger of success in November?

There are some Republicans who are going to have to come to grips with the activists who populate the Tea Party. You would think they would welcome them. Will they catch on to the bonanza they’ve been handed or retrench and turn back to their old ways?

I’m hoping they will finally realize what a gift they have received. Of course, for those who try to sail through politics without firm convictions, the presence of the Tea Partiers is a personal threat.

Republicans in Name Only [RINOs] are in trouble. A massive turnaround in the membership of Congress is possible—to an extent never seen before. There are indications; polls are one indicator. Another might be how Democrats are framing their reelection bids:

This potentially could be one of the most fascinating Novembers ever.