Home > Anything Else > Opinion: ‘The Day The Constitution Died’ By Michael Connelly, J.D., Constitutional Attorney (Ret)

Opinion: ‘The Day The Constitution Died’ By Michael Connelly, J.D., Constitutional Attorney (Ret)


By Michael Connelly – “It is June 28, 2012 and on this day in history five Justices of the U.S. Supreme Court joined with President Obama and members of Congress to declare the U.S. Constitution and our free Republic dead. The Justices accomplished all of this by issuing a bizarre opinion on the Constitutionality of the ‘Affordable Health Care Act’ commonly known as Obamacare.

In August of 2009 I wrote my first blog article on the Constitutionality of the proposed health care bill, H.R. 3200. I noted a number of Constitutional objections to it with the primary one being the violation of Article, Section 8, of the Constitution that limits the powers of Congress. I argued that nothing in that article, including the Commerce Clause, gave Congress the power to either regulate health care, or to turn over the power to do so to the Executive Branch of government.

Ironically, the Supreme Court agreed with me today on the Commerce Clause issue, but then did something that by its own past admissions; it has no Constitutional authority to do. The Court took a clearly unconstitutional law passed by Congress and essentially rewrote it in order to declare it Constitutional. I’m referring specifically to the ‘penalties’ imposed on Americans who fail to comply with the individual mandate requiring them to buy health insurance. Under the law, these people can be ‘fined’ by the IRS for non compliance.

If you remember, when Obamacare was being proposed, the President, members of his cabinet, Democrats in Congress, and members of the mainstream news media were all assuring the American people that this was not a new ‘tax.’ Now, John Roberts, the Chief Justice of the Supreme Court has written a majority opinion saying essentially that these were all lies, but he is going to fix it by declaring that this is a tax, and therefore falls within the powers of Congress.

In a nutshell, we have a situation where the Congress passed a law that it had no authority under the Constitution to pass, and that further unconstitutionally granted extraordinary new powers to the Executive Branch, that are not authorized by the Constitution. Now, we have the U.S. Supreme Court upholding this, and making a power grab of its own by saying that it can ignore the Constitution and rewrite the laws passed by Congress.

The implications of this are staggering.” Read more.

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