ObamaCare and the Constitution: Something's Gotta Give
The first segment of my Uncommon Knowledge interview last week with Richard Epstein and John Yoo is now up.
Our topic? Virginia versus Sibelius, the case in which U.S. District Judge Henry Hudson ruled unconstitutional a central component of ObamaCare, the individual mandate--that is, the requirement the virtually all individuals must purchase one form or another of health insurance or face retribution, in the form of a fine, from the federal government.
The individual mandate, Judge Hudson asserted in his December 13 decision,
“exceeds the constitutional boundaries of congressional power….The unchecked expansion of congressional power to the limits suggested by the [individual mandate] would invite unbridled exercise of federal police powers.”
At first, I confess, I assumed that Judge Hudson, a Bush nominee sitting in Richmond, had merely chosen to champion a lost cause. He would be overturned on appeal, I supposed. Then the Supreme Court would uphold the appeal, perhaps even refusing to hear the case.
Then I interviewed Richard and John.
For anyone hoping the Constitution might still impose certain limits on our overweening federal government, a truly glorious five or six minutes of television.
- Comment (7)
- · Quote
- · UnfollowFollow (1)
Comments :
Jan '11
Re: ObamaCare and the Constitution: Something's Gotta Give
Can someone comment on the connection between the left's fondness for "positive rights"---those rights, which, unlike negative rights that require others to forbear actions that would harm one, require of others that they act for the sake of another (See e.g., "The Second Bill of Rights"; Obama's intention to "perfect" the Constitution)---and its apparent fondness for the "individual mandate" that would require citizens to commit an act of commerce? Surely in some cases, perhaps in many, the beneficiary of such behaviour will be, not the purchaser of insurance, but others---those who cannot afford to purchase insurance at all, and those whose pre-existing conditions would make the cost of genuine insurance prohibitively high. Is the issue here not merely a question of the (in)compatibility of the individual mandate with the Commerce Clause, but something even more fundamental: an attempt to get "positive rights" and duties into the law?
May '10
Re: ObamaCare and the Constitution: Something's Gotta Give
I'm dismayed to see Richard so blatantly endanger supporters of Obamacare with his "under the rifle" comment. And here I thought we were beginning a new era of civility. ;)
I look forward to the rest of the interview.
Dec '10
Re: ObamaCare and the Constitution: Something's Gotta Give
Peter,
I have not checked with my Rabbi as he is in Israel at the moment but at the risk of spiritual bad judgement I am praying for victory in the Supreme Court fight against Obamacare. Patton had a prayer written for good weather to break the Germans in the battle of the buldge. I find it no more blasphemous to pray for the defeat of this unbelievably bad legislation. Not to repeat myself, it will destroy the docter patient relationship, increase the cost of health care to almost every American, supress technical advancement, kill jobs, encourage massive fraud and finally last but not least create a hideous new amoral force driving this society to even greater heights of soulessness. Hitler, Stalin and Mao had national health care systems. A simple direct tax credit system to help small business compete would do massively more good (a legal job creator not killer) and have few adverse effects.
Jim
I am not as good a lawyer as Mr. Epstein or Mr. Yoo but if necessary I would be happy if we won by devine intervention. Just as long as we win.
Jim
Aug '10
Re: ObamaCare and the Constitution: Something's Gotta Give
James Gawron:
I have not checked with my Rabbi as he is in Israel at the moment but at the risk of spiritual bad judgement I am praying for victory in the Supreme Court fight against Obamacare.
I am so not a Rabbi, but I want to reassure you that I, at least, don't think you're using spiritually bad judgement by praying for ObamaCare's defeat. We genuinely believe ObamaCare will hurt people, after all, and aren't we supposed to pray for the relief of others' suffering?
If ObamaCare is undone (oh happy thought), it will no doubt frustrate and bruise the egos of ObamaCare's supporters -- and some of them might even temporarily experience despair -- but these sufferings are as nothing in comparison to the suffering ObamaCare is likely to cause. I think, then, our duty is clear: to pray to minimize suffering.
The only spiritual risk I see is what happens to our relationship with God if we fervently pray for ObamaCare's dismantling but ObamaCare remains in place. We might struggle with feeling bitterness towards God in that case, depending on our temperaments.
Jul '10
Re: ObamaCare and the Constitution: Something's Gotta Give
"... it may well be that it comes down to Justice Kennedy.... "
The survival of Our Nation could come down to "Justice Kennedy."
Think about that. Let it sink in.
Jun '10
Re: ObamaCare and the Constitution: Something's Gotta Give
I just listened to Part II and was surprised when Mr. Yoo declared that justices on the Supreme Court find it easier to make a decision when they have political cover. I suppose I've been naive all these years. I thought bringing a case before the high court was a dispassionate exercise involving a strict, clinical, and logical interpretation of the law as written. I am wiser now, but less sanguine about rule of law in general.
Re: ObamaCare and the Constitution: Something's Gotta Give
Great job all the way around. Enlightening. Thanks to Peter, Richard, and John.