President Obama's health-care bill is now moving toward final passage. The policy issues may be coming to an end, but the legal issues are certain to continue because key provisions of this dangerous legislation are unconstitutional. Legally speaking, this legislation creates a target-rich environment. We will focus on three of its more glaring constitutional defects.
"Ever since Teddy Roosevelt first called for reform in 1912, seven presidents -- Democrats and Republicans alike -- have taken up the cause of reform time and time again," President Obama said in a statement hailing the Christmas Eve Senate vote to take over 1/6 of the nation's economy. "Such efforts have been blocked by special-interests lobbyists who have perpetrated the status quo that works better for the insurance industry than it does for the American people."
Pollsters like to say their surveys are like a snapshot, limited to the time and the picture frame in which they are taken. What we are seeing in polling on the takeover of health care by the federal government is a consistent opposition by the American people. No major poll shows the people supporting the House or Senate bill.
John Maynard Keynes is considered one of the leading lights of liberal economics. Challenged by a critic who said that in the long run, Keynesian economics would lead to national bankruptcy, Keynes memorably responded with a witticism: "In the long run, we're all dead."
In 2005, the National Rifle Association of America enacted a law that probably saved the American gun-making industry from bankruptcy. And just this last week, the Supreme Court rejected a constitutional challenge to this landmark legislation, ensuring this law stays on the books to preserve America's culture of lawful firearm ownership.
Markos Moulitsas Zuniga is the proprietor of the influential liberal blog Daily Kos. The blog is a must-visit site for those who are serious about the direction of the Democratic party. The blog was influential in the rise of Vermont's former Gov. Howard Dean in the run-up to the 2004 election.
As Fiscal Year 2010 finally begins, a judge has struck down Congress' law ending federal funding of ACORN. It's ironic in that de-funding ACORN was the only example of fiscal restraint we've seen from Barack Obama, even more so since he's now stacking the courts with judges that will continue to issue such rulings. And perhaps that's what he's wanted all along.
Asked about the constitutionality of his healthcare bill's key provision, President Obama said it's legal because people have to buy car insurance. That statement is so dead wrong as a matter of constitutional law that it makes anyone who practices constitutional law wonder how the Harvard Law School faculty would now grade their most famous graduate.
President Barack Obama has completed his months-long "deliberations" over his latest Afghanistan policy. He got more applause from Republicans than from Democrats after his long-running Hamlet act. The Prince of Denmark was famous for his indecision: "To be or not to be..."
What if there was a federal law stating that anytime you owe anyone a duty to be honest and you violate that duty, you're committing a federal felony? Guess what--there already is. And now the Supreme Court is deciding whether to strike it down.
