What are the Limits?
by Tom Donelson on February 3, 2011 at 3:19 PM
"It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place.
"If Congress can penalize a passive individual for failing to engage in commerce, the enumeration of powers in the Constitution would have been in vain for it would be ‘difficult to perceive any limitation on federal power’ and we would have a Constitution in name only." - Judge Roger Vinson
Judge Vinson struck down Obamacare and he went further than Judge Henry Hudson by declaring the entire health care law unconstitutional and now the law is in the hands of the Supreme Court, or one should say, in the hands of Judge Kennedy. Of course, the left yelled “judicial activism” but the real question is: Are there any limits to government powers?
Our founding fathers designed the Constitution as a mechanism to limit government, but the left has made it clear over the past two years; there are no limits to government! As Randy Barnett observed, “This novel use of the Necessary and Proper Clause, if allowed to stand, would fundamentally transform our constitutional scheme from limited to unlimited federal power, narrowing the scope of individual liberty. In Judge Vinson's words, "the more harm the statute does, the more power Congress could assume for itself under the Necessary and Proper Clause. This result would, of course, expand the Necessary and Proper Clause far beyond its original meaning, and allow Congress to exceed the powers specifically enumerated in Article I."
The Obama Administration has passed a law that essentially made it clear that individuals have to buy insurances with mandates they may need or not. What is at stake is a society based on individual liberty or a society in which the government will determine what is and what is not good for you. The left has yet to answer the question: What is the limit of government?