Tuesday, February 1, 2011

Another Positive Step

In violent times
You shouldn't have to sell your soul
In black and white
They really, really ought to know
--Tears for Fears

In a case brought forth by 25 states, a Florida district judge ruled that the Federal health care law is unconstitutional.

Similar to the Virginia ruling in December, the Florida judge focused on the law's mandate to purchase insurance. He said that the law oversteps the limits of the Commerce clause. He observed, correctly, that if the Commerce clause can be employed as a justification to force people to buy insurance, then it could be evoked to justify any program of coercion enacted by government said to be 'in our best interest.'

We know that the Framers did not intend the Commerce clause to be interpreted in a manner that granted all-encompassing power to the federal government. The clear intent was to grant the central government limited authority to facilitate the flow of trade between the federation of states. Prior to the Constitution's inception, trade had struggled due to interstate trade barriers that had been raised during the early days of the federation.

The Florida ruling represents another positive step ahead for liberty. It reinforces the Virginia ruling, it places the Constitution and its principles more squarely in the public consciousness, and it demonstrates that capacity remains in our judicial system for upholding the rule of law over discretionary rule by tyrannical force.

Let's hope this trend continues, as it offers a means for reversing course away from chaos and toward prosperity.

1 comment:

dgeorge12358 said...

America's health care system is neither healthy, caring, nor a system.
~Walter Cronkite