The stage is being set for the Supreme Court to hear the case on the constitutionality of the Obama administration’s healthcare reform bill, commonly known as Obamacare. With lower circuits mostly split, a US Court of Appeals today upheld Congress’s power to require citizens to buy insurance or pay a penalty that they euphemistically call a “tax.” Under what clause in the constitution they found such defense of this congressional authority, I am not certain. Probably the commerce clause-which these days is interpreted as anything goes if it can somehow be tied to money-with some little, convoluted tax law that has its own constitutional questionability. Either way we will probably see a showdown in the near future. Whether you are for the healthcare reform measures or not, please at least be scared at the implications of such far reaching federal involvement in your daily life. Here’s a somewhat unbiased article from HuffPo on yesterday’s ruling.
In related news Ohio pulls a nice nullification move by voting in an amendment to state law rejecting the Federal mandate for citizens to purchase healthcare. Some people, particularly establishment types, think nullification is a barbaric idea. I and many other reasonable people believe otherwise. State and citizen nullification (states or citizens rejecting the practice of laws based on moral opposition) are probably the greatest tools for protecting a free society from creeping tyranny. It is one of the most challenging obstacles to encroaching Federal power and has helped stir the moral compass of the nation as a whole throughout history. This article below draws parallels between Ohio’s declaration of nullification with the Thomas Jefferson authored Kentucky Resolutions (Kentucky Resolutions of 1798) passed by that state 213 years ago today.