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Monday, July 02, 2012

Judge Napolitano: A Vast New Federal Power

Do we still have a Constitution? Apparently not.

Whether you are for or against Obamacare, last week's ruling by the Supreme Court drove a stake in the heart of our Constitution. By allowing unlimited powers of taxation by the Federal Government, all of the limitations on federal powers in the rest of the Constitution were obliterated. This is what we said last week and Judge Napolitano agrees with us:

The logic in the majority opinion is the jurisprudential equivalent of passing a camel through the eye of a needle. The logic is so tortured, unexpected and unprecedented that even the law's most fervent supporters did not make or anticipate the court's argument in its support. Under the Constitution, a tax must originate in the House (which this law did not), and it must be applied for doing something (like earning income or purchasing tobacco or fuel), not for doing nothing. In all the history of the court, it never has held that a penalty imposed for violating a federal law was really a tax. And it never has converted linguistically the congressional finding of penalty into the judicial declaration of tax, absent finding subterfuge on the part of congressional draftsmanship.

I wonder whether the chief justice realizes what he and the progressive wing of the court have done to our freedom. If the feds can tax us for not doing as they have commanded, and if that which is commanded need not be grounded in the Constitution, then there is no constitutional limit to their power, and the ruling that the power to regulate commerce does not encompass the power to compel commerce is mere sophistry.

The bottom line is that the process of shredding our Constitution is complete. The United States of America no longer has a working Constitution. Therefore, there is no United States of America anymore.