Tag: Article V Convention

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What does it mean to take an oath? What did it mean when I raised my right hand ? What did it mean when I said the words: “…that I will support and defend…” “…that I will bear true faith and allegiance…” ? I’ve been struggling with this question for some time now: what is the […]

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Because I was in the right place at the right time a few weeks ago, I got to attend a taping of the “Uncommon Knowledge” Podcast Monday night. The invitation didn’t specify a dress code, but I asked ahead and found out a suit and tie was expected, which meant my normal evening attire wouldn’t cut it. After work […]

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I’m 4 chapters into (about a quarter of the way through) Dinesh’s new book, which has the longest subtitle I’ve read in a long time: Stealing America: What My Experience with Criminal Gangs Taught Me about Obama, Hillary, and the Democratic Party . This is the most sobering view of leftism I’ve found since W. […]

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On Judicial Incoherence

 

In Case of TyrannyThe primary difficulty is in knowing where to start. A consistent run of luck continues to have me in the driver’s seat of an 18-wheeler when news breaks that our philosopher-kings on the Supreme Court have hurled yet another thunder bolt toward the benighted masses for the purpose of jolting us from our fixed creeds and established truths, directing us to trade in the accumulated wisdom of human experience for the latest epiphany of a gaggle of lawyers.

I was somewhere between Memphis and Little Rock, navigating potholes that Evel Knievel would have used ramps to cross, when I learned that Chief Justice Roberts’ restless mind had pondered the words, “established by the State,” and discovered that they actually mean, “not established by the State.” “Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them,” explained Roberts. Uh huh. Well, yes, and Congress passed the National Prohibition Act of 1919 to ban the sale of alcoholic beverages, not to midwife organized crime, but it is not the legal prerogative of the Supreme Court to protect the legislature from the effects of its own laws.

Besides, if the Chief Justice wanted to deduce the intent of the Affordable Care Act in this regard, he had merely to consult the words of its architect, Jonathan Gruber, who said in 2012, “[I]f you’re a state and you don’t set up an Exchange, that means your citizens don’t get their tax credits. …I hope that’s a blatant enough political reality that states will get their act together…” But robed demigods are not interested in the intent or the plain meaning of the words, “established by the state.” Instead, Roberts’ focus was fixed on salvaging what Mark Steyn calls the “push-me-pull-you” monstrosity of Obamacare rather than his solemn duty to determine the constitutionality of the law as written. So he engaged in intellectual high jinks, literally rewriting the law (as he previously did when changing “penalty” to “tax”), and performed such mental gymnastics as required to affirm for the second time your fundamental right to be subservient to the federal government in matters effecting your health and, indeed, your life and death. Thus passeth another late June morning in post-constitutional America.