Saturday, 31 March 2012 21:09
Article I Section 8, which enumerates the federal government’s powers, has been ignored by Congress and the Supreme Court for nearly two centuries. Congress has passed laws that presidents from both major parties have signed that egregiously expanded federal power.
Cleverly, big government advocates have hung their hat on the Commerce Clause instead, which gives the federal government the power to “regulate” interstate commerce. By invoking the Commerce Clause, statists have created America’s unsustainable welfare state–Medicare, Medicaid, Social Security, etc.
An accurate historical reading of the Commerce Clause turns this interpretation on its head. As Judge Napolitano has pointed out, the Founders wanted to make commerce “regular” in the fledgling republic by removing trade restrictions and other burdens so commerce could flow seamlessly between the states. In other words, the Commerce Clause was not intended to give the federal government open-ended power to interfere with business activity.
Moreover, a free society requires freedom. The ability of the people to invent, produce, trade, consume, save and enjoy the fruits of their labor is supposed to be the essence of America. In other words, a limited government, free enterprise republic needs the government to secure the borders and protect liberty, not order people how to live their lives.
If all the Supreme Court justices who heard the challenge to Obamacare this past week were faithful to their oaths to uphold the constitution, they would have excoriated the Solicitor General who was defending Obamacare, and castigated the President and the Congress for creating a law that was an affront to the Constitution—and an assault on the American people’s liberties. In addition, the Supremes should have taken one giant step for liberty by stating that they will strike down all laws that have been enacted that are inconsistent with Article I Section 8 of the Constitution. Maybe they will do so in their ruling about Obamacare that is due in June. However, I would not hold my breath that all nine justices will “see the light,” namely, that Obamacare is the latest statist piece of unconstitutional legislation that must be struck down.
If the Supreme Court strikes down Obamacare, root and branch, the march to liberty could accelerate.
That would mean that Ron Paul has won, even if he is not elected president this year. The Ron Paul Revolution, the movement to restore the Constitution, is gaining strength day by day.
We have a long way to go to recreate a free society, but like all great journeys, we must agitate for what is right and honorable, a limited government republic, and not give up the fight worth fighting.
Murray Sabrin is a professor of finance at Ramapo College and blogs at www.MurrarySabrin.com.
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