Betrayal: The Ruling on ObamaCare and the Federal Judiciary

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Editorial
Published Date: 
Monday, July 2, 2012

The upholding of ObamaCare by the Supreme Court in an unexpected 5-4 political decision is a travesty of American constitutionality. It is a sad day in the country when a knowledgeable Chief Justice of the U.S. Supreme Court betrays the country and places himself and his legacy — not to mention the chants for "change" and "progress," and his obvious desire for a favorable, epochal association with the first African-American president — ahead of the moral and economic well being of the nation. I say this because the burden of ObamaCare will be laid directly on the shoulders of the already overtaxed and overstretched small businesses, entrepreneurs, and the American middle class who sustain this nation.

The liberal justices voted as we expected, for man is a political animal. But the deciding vote by Chief Justice Roberts, I posit, was cast to assert and define his personal legacy as stated above, and to ride the wave of the times of statism and collectivism, not to mention the alleged inescapable legal positivism of history.

It is always amazing to me how liberals quickly extend sanctity and infallibility status to the Supreme Court whenever the Justices issue a ruling in their favor, even in 5-4 rulings, as if the other four justices were non-existent entities! The reality is the Court has been and remains a political animal, swayed by the politics of the moment (expediency), private considerations (personal legacies), and partisanship (ideology). It must carefully be watched and judged by Congress, the states, and the people — as we are still a federated republic.

Thomas Jefferson and many of the founders warned us about the unchecked power of the courts.  In 1821, in a letter to his friend Charles Hammond, Jefferson wrote:

“The germ of dissolution of our federal government is in the constitution of the federal judiciary: an irresponsible body, working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction until all shall be usurped from the States, and the government of all be consolidated into one. To this I am opposed; because, when all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the centre of all it will render powerless the checks provided of one government on another and will become as venal and oppressive as the government from which we separated.”

Yes, Jefferson was annoyed by the power of the judiciary and the federal government at the expense of the States and individual liberty. I will not go as far as Jefferson in this condemnation, but it should make us ponder if our confidence in the Supreme Court should always be paramount.

And for those readers who will complain I am just a sore loser about this most recent court ruling, I ask where in the U.S. Constitution is Congress authorized to pass laws regarding education and health care, powers that the Court affirms as constitutional? For the likes of me, like James Madison on welfare, I cannot put my finger on either one of those elusive enumerated powers.

Simply stated, the upholding of ObamaCare by the Supreme Court, and its imminent consummation and consumption by the American people (most assuredly if President Obama is reelected with a suppliant congress) – will continue to bring forth the death knell of what remains of our Republic. The erstwhile prosperous land of the free, home of the brave, beacon of individual freedom and hope, will continue its descent and downward spiral toward more socialism — in the same mode and "fashion" as the morally and economically bankrupt social democracies of Europe. The fate of our nation hangs in the balance and will be determined this November!

Written by Dr. Miguel Faria

Miguel A. Faria, Jr., M.D. is the Author of Vandals at the Gates of Medicine (1995)

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Comments on this post

I had hoped I would hear the

I had hoped I would hear the words from Romney's lips that he would "repeal Obamacare" . He has said it on more than one occasion now. Every time Obamacare is mentioned he promises to repeal it.(We both know that takes Congress cooperation)

He states on his website; "Health care is more than just one-sixth of the American economy. It is an essential source of well-being for individuals and families."

Romney has promised faithfully on the first day in office;with the stroke of his pen he will indeed use his first Executive Order that will pave the way for all states to have 'waivers'.
He says he will then of course work with Congress to Repeal ObamaCare.
That's where the kicker comes in. We both know Congress as we know them now will not work with anyone on cutting anything.
But to me this is our only recourse. For him to offer waivers to all states so we can opt out. But I do believe Obamacare has already stripped all of our rights in our own Health care that some of us pay through employer Based insurance.
A lot of new rules and regulations will be attached to all of our health insurance now. I may be wrong;but I already see it in our own.
I'm not a smoker;but starting in the upcoming enrollment all insured will be tested for nicotine. Next year will it be Chocolate? What about 'alcohol'? It will be if Obama isn't defeated and that bunch of socialist minded in our Congress aren't removed.
Health care,Light bulbs,cigarettes( a legal taxed product),meat,fat,where we eat (ChickFilet) .
Where and When and Does it Ever Stop?

Yes I do want to go back to 1956 and get a "Do Over"!

Socialized medicine

If ObamaCare is not repealed, the U.S. health care system will continue to deteriorate, among other things because more of our good doctors will quit. We will be worse off than Canada. At least in Canada today, Canadians can come across the border and get health care here.

I know of several Canadian politicians who have come across the border to receive medical care in the U.S. and thus, bypassed the Canadian waiting lists for care.



I also know of many pregnant Canadian women who have come across the border to receive obstetrical care in the U.S.!


Finally, let's mention the American actress Natasha Richardson, a member of the very illustrious acting family of England (I'm sure you have heard of her mother Vanessa Redgrave and even her husband Liam Neeson, not to mention the great actors and her uncles Sir Ralph Richardson and Michael Redgrave). Natasha Richardson died of a head injury obtained while skiing in Canada last year. She was sent back to the U.S. essentially DOA. Any American neurosurgeon could have saved this brilliant actress if she had had a similar injury here in the U.S. All that was needed was the proper diagnosis in the emergency room by a physician and ordering of a CT scan of the head. The diagnosis of a hematoma compressing the brain would have been made, and surgery instituted.

In Canada though it has been reported that it is now easier for a dog to get a CT scan when its owner pays with cash than for a human being to obtain a CT scan under Canada's (free) socialized medical system!

Dr. Faria I too am sick. BUT

Dr. Faria I too am sick. BUT you predicted it in 1994 and again in 1997 , just as Ayn Rand has also been proven right.

Roberts folded under the tongue lashing given him by Obama. And I honestly do believe 'race' played a huge part of his decision.

He could NOT be called 'racist' for doing what he knew would have been the right thing for our Country but mostly for our Constitution.
I have to admit I have no respect for him at this moment in time. Many want to believe he has a 'future vision' of it helping get rid of Obama . I must chuckle at that ; are they admitting he is swayed by politics? That's what I hear.

The best term I've heard used thus far is , He didn't do what should have been done according to our Constitution he did what was best for the Institution.

I agree with your article. Thanks so much.

uneed as I told Koba...

And sadly, this Supreme Court victory for President Obama, which was due only to Chief Justice John Roberts' caving in to liberal pressure (as we have been learning and the "saving of the institutional legitimacy" of the Supreme Court) amounts, plain and simple, to constitutional betrayal.

It makes it more likely that Obama will be re-elected because many Americans, precisely those "moderates" and "independents," who increasingly decide elections– prefer empty and even deadly "victories" to constitutional principles or moral courage (substance) propounded by those they judge to be likely "losers."

I do have a glimmer of hope that those 1) on the conservative side who need energizing, and 2) Libertarians, who need some practical common sense in politics will go to the polls and vote Republican this November, as the only practical alternative to the deceptive, deluding evil of the Democrats.

I do believe if Romney wins, and he coattails sizable majorities in the House and Senate, that ObamaCare would be repealed, and that John Roberts and his newly found friends on the left side of the Court will have a difficult time declaring the new act unconstitutional. Yes, I do still see a ray, a glimmer of hope if there is a Mitt Romney victory!

Yes, feel free to quote me on this, as you see fit, at the appropriate forum and elsewhere. We have just begun to fight! MAF

Glimmer of hope

I will take a glimmer of hope...it is better than none at all. But I doubt I will vote for anyone but Ron Paul. My voice may only be one, and it may not be as loud as some, but I will be heard by someone. I am not alone.

His son, Rand Paul

His son, Rand, another physician, will add to Paul's legacy, and will be a force to be reckoned with in the Senate. We must now follow their lead and support Romney to save the Republic.

Welcome Wolfen!

Hi Wolfen,

Welcome to hacienda! We have been running way behind. But I think you will enjoy the following articles:

1)My review of Atlas Shrugged in Random Notes, movies and documentaries.

http://www.haciendapub.com/classic-movies-and-documentaries

2) Parts 2 and 3 of the Political spectrum articles here:

http://www.haciendapub.com/articles/political-spectrum-part-ii-%E2%80%94...

3)the article "Classical Liberalism vs Modern Liberalism"

Incidentally, I have met Dr Ron Paul and he is a great patriot, who had been crying in the wilderness. He is finally been heard. His son, Rand, another physician, will add to Paul's legacy, and will be a force to be reckoned with in the Senate. We must now follow their lead and support Romney to save the Republic. MAF

Dr Faria I must agree

Dr Faria I must agree. I believe in the coming years Rand Paul will certainly be a great voice for conservatives in our nation.

I don't dislike Ron Paul; but I know there is NO way on Gods Green earth that he can carry the numbers it will take to defeat Obama.

Obama can NOT be beat by 'voting our conscious'. He has to be beat by the Numbers. And there is no alternative; it's either Romney or Obama. And I've been forced to walk through hell with Obama, I'll take my chances on leaving Hell behind and take a chance; that Romney knows a tunnel the Devil doesn't even realize exists at his gate and believe there is a glimmer of light if the American People are willing to fight for it!

Oh, I do know this...

I know that Ron Paul has a good following but not enough to win, and that my vote has to go to Romney simply to help defeat O...but it is so frustrating that we cannot use our votes to truly speak our minds. The candidates that the thinking public would vote for are never going to be the mainstream that the sheeple will vote for, so things will continue on as usual. So, I will hold on to the glimmer of hope, and do my own thing, and continue to speak out where ever I can.

I feel that you are correct;

I feel that you are correct; we must make the changes in Congress and the Oval Office . I don't like it when I feel my back is against the wall. That's when I do fight.
Thanks for your wisdom.