Yesterday, President Obama signed the healthcare bill. It was historic. So was Pearl Harbor.
I was asked yesterday if I could catalog all the ills associated with this bill. I really can’t do justice to all the provisions contained within. Instead I would ask those who are interested in all the details to find a site devoted to highlighting them. I’m one person, and my time is limited.
What I can do, though, is talk about the response from those of us who oppose what has happened. Are we to accept this and act as if everything is fine? No way. The key is to find the proper response.
I told someone the other day that the proverbial silver lining in all this is that for the first time in my lifetime, people are understanding the wisdom of the Constitution and the limits it put on governmental authority. To use a cliche that probably needs to be buried someday—this is a teachable moment.
Task #1, in my opinion, is to increase our efforts to educate the American people in constitutionalism. They may finally be open to learning. That is my specific calling, I know.
Those who are in government can add to this. What would it take to repeal this legislation? It would be very difficult, but who says we shouldn’t tackle difficult tasks? The greatest victories are those that appeared impossible at first.
Here’s how hard it will be: not only do opponents need to get the majority in Congress in the next election, but they need a sufficient majority, particularly in the Senate, to be filibuster-proof. Can it happen? Is it impossible to reach that magic 60? Improbable, but not impossible.
Then, even if that is attained, any bill that passes would have to get past Obama’s desk. He holds the veto power, and you can be sure he will use it to stop any attempt to roll back what he has done. Only a 2/3 majority can override the veto.
That’s the political equivalent of conquering Mt. Everest.
The other strategy is already being pursued. Here in Florida, as well as in other states, the attorney general is taking this bill to court. The grounds for challenging it are strong. There is no doubt it is unconstitutional. No authority exists in the Constitution for the federal government to flex its muscles in this way.
So what’s the problem?
The federal bench is filled with judges who have been schooled in case law, which depends on precedent rather than on original intent of the Constitution. And the longer Obama remains in office, the more of them there will be. The challenges need to come before judges who respect the rule of law and who will acknowledge the limited powers of the federal government. We need some providential help with that.
You can be sure whatever decisions are made in the lower courts will eventually end up in the Supreme Court. The sooner the better, before Obama has a chance to replace one of the conservative justices on the Court. Right now the Court is almost evenly divided between those who will judge righteously and those who will disregard the document they have sworn to uphold. Any decision will probably be 5-4, but the direction of that verdict is uncertain.
Things have changed significantly in the past 30 years.
I’m reminded of the Separatists in Holland debating whether they should go to the New World. They made a list of all the things that could go wrong and compared it with what could go right. In the end, the majority decided to undertake the voyage. I’m paraphrasing, but their historian, William Bradford, said they concluded that they should do it and expect the blessing of God on their endeavors. Even if they died trying, he commented, at least they were doing what was right in the sight of God.
We now call them the Pilgrims, and we admire their courage.
I’m glad they made that decision. Will we make a similar decision? Will a future generation look back on us and thank us for going forward? Will they call us courageous and be encouraged by us to handle whatever challenges they will face?
The next few years—not weeks or months—will reveal the depth of our commitment.