Kelly J
02-02-2011, 10:56 AM
http://patriotpost.us/edition/2011/02/02/chronicle/
Below is the Printer Friendly Version of the Article that I feel must be read by all.
Chronicle
Wednesday, February 2, 2011
The Foundation
"If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself." --James Madison, Federalist No. 51
Editorial Exegesis
"Federal Judge Roger Vinson opens his decision declaring ObamaCare unconstitutional with that citation from Federalist No. 51, written by James Madison in 1788. His exhaustive and erudite opinion is an important moment for American liberty, and [Monday] may well stand as the moment the political branches were obliged to return to the government of limited and enumerated powers that the framers envisioned. As Judge Vinson took pains to emphasize, the case is not really about health care at all, or the wisdom -- we would argue the destructiveness -- of the newest entitlement. Rather, the Florida case goes to the core of the architecture of the American system, and whether there are any remaining limits on federal control. Judge Vinson's 78-page ruling in favor of 26 states and the National Federation of Independent Business, among others, is by far the best legal vindication to date of Constitutional principles that form the outer boundaries of federal power. At the heart of the states' lawsuit is the individual mandate, which requires everyone to purchase health insurance or be penalized for not doing so. 'Never before has Congress required that everyone buy a product from a private company (essentially for life) just for being alive and residing in the United States,' Judge Vinson writes. ... Unlike Judge Henry Hudson in Virginia, who also found ObamaCare to be unconstitutional, Judge Vinson addresses the Administration's fallback argument that the Constitution's Necessary and Proper Clause justifies the law even if the Commerce Clause doesn't. He writes that this clause 'is not an independent source of federal power' and 'would vitiate the enumerated powers principle.' In other words, the clause can't justify inherently unconstitutional actions. ... Judge Vinson's learned opinion has put down a Constitutional argument that will reverberate all the way to the Supreme Court." – The Wall Street Journal1
http://online.wsj.com/article/SB10001424052748703439504576116090813454296.html
Read the Entire article in the Patriot Post Here:
http://patriotpost.us/edition/2011/02/02/chronicle/
Below is the Printer Friendly Version of the Article that I feel must be read by all.
Chronicle
Wednesday, February 2, 2011
The Foundation
"If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself." --James Madison, Federalist No. 51
Editorial Exegesis
"Federal Judge Roger Vinson opens his decision declaring ObamaCare unconstitutional with that citation from Federalist No. 51, written by James Madison in 1788. His exhaustive and erudite opinion is an important moment for American liberty, and [Monday] may well stand as the moment the political branches were obliged to return to the government of limited and enumerated powers that the framers envisioned. As Judge Vinson took pains to emphasize, the case is not really about health care at all, or the wisdom -- we would argue the destructiveness -- of the newest entitlement. Rather, the Florida case goes to the core of the architecture of the American system, and whether there are any remaining limits on federal control. Judge Vinson's 78-page ruling in favor of 26 states and the National Federation of Independent Business, among others, is by far the best legal vindication to date of Constitutional principles that form the outer boundaries of federal power. At the heart of the states' lawsuit is the individual mandate, which requires everyone to purchase health insurance or be penalized for not doing so. 'Never before has Congress required that everyone buy a product from a private company (essentially for life) just for being alive and residing in the United States,' Judge Vinson writes. ... Unlike Judge Henry Hudson in Virginia, who also found ObamaCare to be unconstitutional, Judge Vinson addresses the Administration's fallback argument that the Constitution's Necessary and Proper Clause justifies the law even if the Commerce Clause doesn't. He writes that this clause 'is not an independent source of federal power' and 'would vitiate the enumerated powers principle.' In other words, the clause can't justify inherently unconstitutional actions. ... Judge Vinson's learned opinion has put down a Constitutional argument that will reverberate all the way to the Supreme Court." – The Wall Street Journal1
http://online.wsj.com/article/SB10001424052748703439504576116090813454296.html
Read the Entire article in the Patriot Post Here:
http://patriotpost.us/edition/2011/02/02/chronicle/