Betrayal: The ruling on Obamacare and the federal judiciary

The upholding of Obamacare by the Supreme Court in an unexpected 5-4 political decision is a travesty of American constitutionality. It is a sad day in the country when a knowledgeable chief justice of the U.S. Supreme Court betrays the country and places himself and his legacy -- not to mention the chants for “change” and “progress,” and his obvious desire for a favorable, epochal association with the first African-American president -- ahead of the moral and economic well-being of the nation. I say this because the burden of Obamacare will be laid directly on the shoulders of the already overtaxed and overstretched small businesses, entrepreneurs and the American middle class who sustain this nation.

The liberal justices voted as we expected, for man is a political animal. But the deciding vote by Chief Justice John Roberts, I posit, was cast to assert and define his personal legacy as stated above, and to ride the wave of the times of statism and collectivism, not to mention the alleged inescapable legal positivism of history.

It is always amazing to me how liberals quickly extend sanctity and infallibility status to the Supreme Court whenever the justices issue a ruling in their favor, even in 5-4 rulings, as if the other four justices were nonexistent entities. The reality is the court has been and remains a political animal, swayed by the politics of the moment (expediency), private considerations (personal legacies), and partisanship (ideology). It must carefully be watched and judged by Congress, the states, and the people -- as we are still a federated republic.

Thomas Jefferson and many of the founders warned us about the unchecked power of the courts. In 1821, in a letter to his friend Charles Hammond, Jefferson wrote: “The germ of dissolution of our federal government is in the constitution of the federal judiciary: an irresponsible body, working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction until all shall be usurped from the states, and the government of all be consolidated into one. To this I am opposed; because, when all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the centre of all it will render powerless the checks provided of one government on another and will become as venal and oppressive as the government from which we separated.”

Yes, Jefferson was annoyed by the power of the judiciary and the federal government at the expense of the states and individual liberty. I will not go as far as Jefferson in this condemnation, but it should make us ponder if our confidence in the Supreme Court should always be paramount.

And for those readers who will complain I am just a sore loser about this most recent court ruling, I ask where in the U.S. Constitution is Congress authorized to pass laws regarding education and health care, powers that the court affirms as constitutional? For the likes of me, like James Madison on welfare, I cannot put my finger on either one of those elusive enumerated powers.

Simply stated, the upholding of Obamacare by the Supreme Court, and its imminent consummation and consumption by the American people (most assuredly if President Obama is re-elected with a suppliant Congress) -- will continue to bring forth the death knell of what remains of our republic.

The erstwhile prosperous land of the free, home of the brave, beacon of individual freedom and hope, will continue its descent and downward spiral toward more socialism -- in the same mode and “fashion” as the morally and economically bankrupt social democracies of Europe. The fate of our nation hangs in the balance and will be determined this November.

Miguel A. Faria Jr., M.D., is the author of “Vandals at the Gates of Medicine.”

This editorial was published in The Macon Telegaph on July 6, 2012.
Copyright ©2012 Miguel A. Faria, Jr., M.D.

Read more here: http://www.macon.com/2012/07/06/2085595/betrayal-the-ruling-on-obamacare.html#storylink=cpy
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Comments on this post

ObamaCare

American health care needs reforming in the form of ObamaCare. It was one of President Obama's best initiative and it should stand with the approbation of the states. I'm a PR person for an urgent care Company, and I believe the whole world would be better off with ObamaCare and better care for all.

hands are tied

Let's give Pres. Obama a chance to handle the healthcare policy. I know that he's doing his best to balance between the healthcare institution, as well as the pharmaceuticals, and the patients or the citizenry. It just happens that he's not a magician and he can't do it at once.

I Can't Believe You Said That!

Obama's hands are tied. They weren't tied to darn hard to prevent him from passing the most destructive, underhanded bill ever passed by Congress. All the mid-night meetings and underhanded deals, buying off Congresmen and Senators with giving entire states a waiver, and all those waivers for his Union friends and you think we need to give him a break! Obama knows about as much about healthcare as you and I (not very darn much!) He has told more lies on this and every other issue since he's been President and even before that I can count. He said it was going to be cheaper, we now know that's a lie and he knew it when he said it. How can you add 12-20 million people to the rolls that don't currently have healthcare and grown men living supposedly with their parents until they are age 26 and it be cheaper? I could go on and on but it would only get worse, the sad thing is, the worst of Obamacare is yet to come! Taxes are going to eat us alive. If you have a job expect your taxes to go up. If you don't have a job, welcome to America, the land of Obama where everything is free! I think you may have picked the wrong place to try and tell us that "Obams's hand are tied!" And what makes you think he's going to do his best to make it work, he hasn't done his best at anything else since he's been President at and sat on his duff and let 4 brave Americans die that he could have protected, but chose not to! He has no explanation for that as usual except a bunch of lies! "His hands are tied" LMAO!

I agree with you

BenCats, I couldn't agree with your post more. The other poster is either really naive or totally uninformed. Just yesterday a study was released that stated health insurance premiums will probably increase by 32% because of ObamaCare rules and regulations!

I come frequently to this website and read the articles and the posts. I wasn't sure about this guy's post, so I'm glad you clarified it for me. I hope you will keep coming back.

You Do A Great Job Yourself Ms Isabella!

I used to get by here a little more often but have had a lotta things happening in my life lately and just dropped in last evening to see what has been going on. I have seen your posts several times before and you surely know what you're talking about! Obamacare is and has been a travesty of the Judicial system and how in the world they could rule it a tax when no where in the bill is the word tax even mentioned, I haven't a clue. The sad news is it's going to get worse befoe it gets better. With all the doctors retiring due to the multitudes of paperwork involved and they were already getting beat out of a lot of their money due to the mandates in Medicare, under Obamacare it will be even worse. It would not suprise me to see down the road a bit that it will take several months to get an appointment for diagnosis and then 6-12 months for treatment. I've recently read that same thing is going on now in the UK, people are dying from cancer because they are having to wait to long for treatment. It is without a doubt s socialist healthcare system and fits right in with all the other plans/programs being pushed by the Obama Administration! BTW, I can spot an Obama fan a mile away and as soon as I saw his post last night I hit the roof and just had to have my say! I spend an inordinate amount of time on www.macon.com (viewpoints page) and if you find time drop by to see us in action. It gets rather heated on there quite frequently. I enjoy it immensely and have met some great people thanks to that forum. This is one of the better, reputable sites you will find, it's well organized and as you can see it goes back a few years and is excellent history on many subjects. You can't find that just anywhere! Good to see you on here again and look foward to your next post! BC1

With a wave of their wands!

Grant it, Obama is no magician but his Democrat counterparts in the House and Senate, specifically Nancy Pelosi and Harry Reid, certainly acted like magicians. With a wave of their wands, they rammed ObamaCare legislation through the House and Senate using every trick in the book!

You should read the article ObamaCare — Another step toward corporate socialized medicine in the U.S. for further edification to see exactly how the Democrats weave their magic!

A fact as Sherrilyn Kenyon says

A fact as Sherrilyn Kenyon says “Everyone suffers at least one bad betrayal in their lifetime. It’s what unites us. The trick is not to let it destroy your trust in others when that happens. Don’t let them take that from you.” Well I don’t want to talk too much about this unless I finish my course and get my blood borne pathogen certification for me to give to my parents to make them proud of me.

Exploitation of man

Those who commit injustice toward their fellow man are committing exploitation of man by man. And those who do so deserve capital punishment. Toward that goal the working people of the world should unite and break their chains. That's all I have to say for now. Casino Pulp

A Change of Pace-Eric Clapton

So much for getting in bed early LOL. The above song and the one here (http://www.youtube.com/watch?v=VRsJlAJvOSM)are by Eric Clapton and the only two songs I can truly say I like he put out. The first one of course is Wonderful Tonight (http://www.youtube.com/watch?v=vUSzL2leaFM) and the second one, Tears in Heaven. I didn't know until this evening but he wrote the latter when his son passed away and he dedicated it to him. I really do like both of these songs even tho as you know I'm more Country than anything else. It's amazing, when I get in a funk somedays and feeling sorry for myself, I go listen to the Tears in Heaven and somehow it lifts me up. I have both under my favorites.

Took me awhile to read all the previous articles to try and catch up with what's been happening, but here we go:

I wholeheartedly agree with your assessments of Robert's betrayal, but in his defense (that's all it could be) I think he tried to out smart the Dems and put the decision back on the people since Romney has clearly stated he will repeal it if he's elected. Maybe that might be giving him to much credit but at least we can hope!

I have been perusing the electoral map (CNN) yesterday and it doesn't look good for the home team. If what they say is reliable (and I couldn't see any state I disagreed with) Obama will have 247 and Romney would have 206 going into election day. We know there are several states that are leaning one way or the other but hypothetically, if there are 12 states making up the 85 votes that are up for grabs, and Romney wins 10 of those and Obama wins say, Colo and Pa, he will still beat Romney. I don't like that scenario but that's essentially the way it breaks out. As I see it going in right now, the only way Romney can win is for Obama to blow something big, obviously the gay marriage issue might change some projections but maybe not.I thought the O'care might do something as well but so far it isn't showing in the polls. Six to seven weeks ago Romney was leading by 2% points and today most polls show Romney behind by 2-4%. I don't understand that at all, but it is what it is! The only poll Romney is even or ahead by maybe a point is Rasmussen. The only thing is I haven't seen anything to give anyone a bigger advantage in that period, so that's why I can't figure out the change at all.

I certainly would think the O'care bill would help us since most blacks get pretty much free H/C anway via the emergency room, so the only significant change I can relate to is the decison Obama made on the Latino amnesty thing for the kids who've been here for awhile. I just don't understand it but that amnesty thing could be the deal.

All this talk about Romney selecting a female for VP is also confusing me. What female is there in the GOP ranks that could bring in votes (which is exactly what the VP selection should do). The only one I can think of is Bachmann and believe it or not, I could live with that selection as far as a female is concerned. She is the only one that I think could possibly bring in some female votes and since she is very religious, perhaps some church goers as well.

I certainly enjoyed reading all the comments (just to catch up) and think this is an outstanding site for us folks of like political views. Will talk more about that later!

Guess we're down now to praying for Romney and hope Obama stumbles along the way. That's probably about the only thing that will save us!

God Bless America!
BD

Political savviness on target!

Ben, I fully agree with your savvy political assessment. I don't understand it either.

Even the liberal media seemed to be getting scared. They might just get what they were wishing for! See the article:

The tax man cometh to police you on health care By STEPHEN OHLEMACHER Associated Press 7//7/12

And Three quotations come to mind:

"Treason doth never prosper...why, if it prosper, none dare call it treason." Sir John Harrington (1561–1612).

"A hand from Washington will be stretched out and placed on every man; business; the eye of the federal inspector will be in every man's counting house...the law will of necessity have inquisitional features; it will provide penalties; it will create complicated machinery. Under it, men will be hauled into courts distant from their homes. Heavy fines imposed by distant and unfamiliar tribunals will constantly menace the taxpayer."--- Virginia House Speaker Richard E. Byrd, 1910. Forecasting the consequences for future generations if a national income tax was ever enacted. It was indeed implemented in 1913 (XVI Amendment), along with the Federal Reserve, and the XVII Amendment (i.e., the popular election of the US Senate that deprived the states of representation in the federal government).

"A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largess from the public treasury. From that moment on, the majority always votes for the candidate promising the most benefits from the public treasury, with the result that a democracy collapses over loose fiscal policy...always followed by a dictatorship."---Sir Alex Fraser Tytler, University of Edinburgh (1714-1778)

Despite the positive spin by the pundits

As I have written elsewhere, this is an excellent editorial, Dr. Faria. You expressed my sentiments exactly. Four other Supreme Court justices didn't have any trouble voting ObamaCare unconstitutional as well as multiple Attorney Generals from various states. So, why did Roberts cave into the pressure?  I'd say because he is moderate Republican at best, who may well turn out to be another disappointing David Souter.

Maconsense, another poster at maon.com, wrote: "But the Court does not express any opinion on the wisdom of the Affordable Care Act. Under the Constitution, that judgment is reserved to the people."  True, but the court has an obligation to decide if what Congress passes is constitutional. Health care regulation is not authorized in the constitution as a congressional power.

Finally, as Dr. Faria has pointed out in another article, the way the law was passed by the people's representatives leaves a lot to be desired:

See "ObamaCare — Another step toward corporate socialized medicine in the U.S." published on June 29, 2012 in Surgical Neurology International and posted on this website.



Fransini Giraldo is a Colombian girl who dances her own style of Salsa. In this video, she dances to the rhythm of Sonora Carruseles de Colombia, presumably in the Colombia countryside. Published July 16, 2013.