I like to read Rich Galen’s Mullings. Today, on his Secret Decoder Ring section, he posted an excerpt from remarks he made while accepting his installation into the MC Alumni Hall of Honor.
“Perhaps the most important classes I took were Constitutional Law from Dr. Robert Hill. Beyond Marbury v. Madison and McCulloch v. Maryland, Dr. Hill taught us that the Constitution is the rule book – something occasionally forgotten by the First and Second Article branches of our government in Washington.
It’s also sumpin’ that is often forgotten by the Third Article branch. The most egregious example of that was the ruling last year by the Supreme Court that ruled Obummercare was Constitutional. Turns out that Chief Justice Roberts is not a conservative as the Dimocrats feared or else they found some dirt to blackmail him with. Thanks Dubya for appointing this asshole to the Supreme Court. Another example was Roe V. Wade. I’ve read through the Constitution many times and without taking sides on the debate, I cannot find anything in there about abortion. Abortion is sumpin’ that should be decided by the First and Second Article branches and not the Third Article branch somehow finding abortion law in the Constitution.
I find it interesting that the Court, as I understand it, found that the right to abortion was derived from the right to privacy. And I certainly want government acknowledgment of right to privacy, although it doesn’t seem to be explicitly stated. Privacy, I think, is derived from the 4th Amendment about protection from unreasonable search and seizure. Okay, fair enough. Except we don’t seem to have any privacy from the IRS. And the recent revelations about NSA snooping indicates we don’t have much privacy about anything else. So this “privacy” thing seems to be selective and, as usually turns out to be the case, reserved for someone other than me. And by the way, those legal scholars who speak of abortion being in the “penumbra” of the Constitution change into mealy-mouthed grammarians when it comes to the right to bear arms, which isn’t exactly subtle. Can’t we have some consistency, folks? And I remember those huge abortion rallies, chanting “My body! My choice!” Which is reasonable on the face of it. Except now I’ve got to pay for Sandra Fluke’s monthly abortions, not to mention her glow-in-the-dark licorice-flavored condoms; whatever happened to MY choice, dammit!? The nation is being run by criminal lunatics. God help us.
It seems to me that Obummercare is an invasion of our privacy. If abortion is legal because of privacy than Obummercare is illegal because it violates our privacy.
Actually, Roberts protected us from the constitutional overreach we have seen far too often.
The govt argued for obamaCAIR to be administered as a penalty via the commerce clause. Roberts totally struck that down and his ruling was so strong that it opened up the potential to revisit previous abuses of that clause.
His ruling was that it was not a penalty, congress only has the right via the constitution to TAX. If it was initially proposed as a tax it would have gone down in flames.
The law now as it stands is unconstitutional. It did not go back to congress for a re-write and vote, and subsequently never made it to the White House.
The present law is not valid. But someone needs to challenge it on that basis.