Sunday, March 21, 2010

A Bad Day for U.S. Freedom

The latest word is that the health care monstrosity will pass. If so, this is one of the worst days for American freedom in quite awhile. Not only is it a massive expansion of government power, a further attack on what remains of the free market in health care, and a huge spending spree we can't afford, it actually forces people to buy something they don't want. This bill is a prime example of why I vote Republican. The GOP has many problems, but Republican congresspeople of all stripes united to oppose this bill. There are plenty of big government Republicans. But there is no chance that the Republican party and a Republican president would ram through a big government bill against the will of the people, and without the support of a single Democrat. Only Democrats are that committed to expanding state power over pretty much all aspects of life. In our supposedly representative government, the representatives of a single party overroad the clearly expressed will of the country in the service of their state-worshipping ideology.

So what now? Over at Big Government, there is a good article that explains that the fight isn't yet over. The unconstitutional provision that forces people to buy insurance will be challenged in court.

In a matter of hours after House passage of the Senate Bill, the state of Virginia will file suit in federal court. The Commonwealth will be joined in the suit by a dozen other states. I expect a flood of additional lawsuits. The suits will be based on the provision that requires every American to purchase health insurance. (This is how the Dems ‘crack down’ on the insurance industry; by requiring everyone to buy its product?) Because this is an individual mandate, virtually every American has standing to file suit against this provision. Also, it is in direct conflict with state law in at least two states, Idaho and Virginia.

It's hard to say what will happen in the courts. I'm not normally a big fan of lawsuits, but these will be well-justified. Overall though, this whole process should be a wake-up call for Republicans, and anyone who opposes bigger government -- including those who were stupid enough to vote for Obama thinking he was some sort of moderate. Republicans need to understand that no lie is too blatant, and no tactic too underhanded, for Obama and the Democrats. If they are willing to force this bill through without regard to popular opposition, they are capable of anything. The GOP should do everything conceivable to block Obama's legislative agenda. Instead of being the "party of no," they should be the "party of hell, no." Start digging through parlimentary procedure rules and find new ways to bring Congress to a crawl. Get us to November so we can throw the Democrats out. 

I have no illusions that a gigantic new expansion of government power can be repealed. But if Republicans can regain control of Congress, it might be possible to eliminate some of the most odious provisions. That's about the most we can hope for.


  1. I agree. I am hopeful, though, that a barrage of lawsuits by state attorneys general can substantially gut this unconstitutional monstrosity.

  2. Yes, even if it can't be repealed, it might be possible to cripple the implementation.

  3. A sad day indeed, but these court challenges will go nowhere. The Constitution is effectively dead and has been for many years. A solid block within the Supreme Court and lower courts doesn't vote based on legal precedent or the original intent of the constitution. They vote based on how much they like a piece of legislation. Do you think Justice Ginsberg thinks national healthcare is a good idea? Of course she does. She will vote accordingly, using the commerce clause as justification. I quote a famous dissent (GONZALES V. RAICH) by Justice Thomas:

    "If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything–and the Federal Government is no longer one of limited and enumerated powers."

    He's right. It isn't. Really, I think the sooner that Libertarians and conservatives accept this reality and learn to deal with it the better.

    Sorry folks... I'm in a bad mood.

  4. Eh, no worries. If we were happy about these developments, we probably wouldn't be reading this blog.