Tag Archives: constitutional law

A Modest Proposal

“A Modest Proposal.”

Now that the Roberts Court has affirmed that the government has the power to mandate purchases of private goods and services as long as it’s structured as a tax, I propose that we put this new-found authority in the service of an explicit Constitutional right. For far too long, too many Americans have suffered from an inequal distribution of firearms, despite the Second Amendment’s express exhortation to “keep and bear arms,” in large part because income inequality in this nation has kept the poor and working classes from having the proper protection for themselves and their loved ones. We need to end this disparity now by applying the ObamaCare model immediately.

“a train wreck for the Obama administration.”

“A train wreck for the Obama administration.”

Trying to determine what the Supreme Court will rule on any issue by analyzing the questions they ask beforehand has generally been a poor predictor of their final decision. Sadly, we really won’t know what the Supreme Court will do until they do it.

Moreover, from my perspective it would be far better for Congress to repeal the law rather than have the court rule it unconstitutional. In the former it will be done by legislative action, backed by the voters. In the latter it would be the decision of nine unelected individuals, essentially expressing their personal opinions. In a true democracy the former is definitely preferred.

The four best legal arguments against Obamacare.

The four best legal arguments against Obamacare.

The fourth is probably the most devastating to Obamacare. No contract can be enforced if you are forced to sign it.

American contract law rests on the principle of mutual assent. If I hold a gun to your head and force you to sign a contract, no court of law will honor that document since I coerced you into signing it. Mutual assent must be present in order for a contract to be valid and binding.

Once again, we are skirting around that forgotten word called freedom. Obamacare has nothing to do with freedom. It requires participation, something that is fundamentally hostile to this country’s culture and law.