As you have probably heard, the
Supreme Court has been hearing the case brought against the individual mandate
portion of Obamacare. At issue is whether or not the Commerce Clause of the
Constitution combined with the power of the federal government to tax it
citizens are sufficient to give the federal government the right to dictate to its
citizens the mandatory purchase of health insurance. The thing that confounds
me most about this case is that it had to be brought in the first place. The
individual mandate is clearly unconstitutional.
It is quite obvious that the intent of the Constitution was to put restraints
on the federal government so they could not get to the point of being
oppressive like the governments the colonists had once been under. If indeed
the Commerce Clause grants our national leaders the power to mandate private
purchases, then in essence they have unlimited power. What will come next?
Preventing people from purchasing fatty and sugary foods? Mandating that
businesses must hire people until unemployment is zero? Preventing people from
pooling their money in an attempt to oust an incumbent politician? Our country now
stands at a very important juncture. If the Supreme Court rules that the
individual mandate is Constitutional, then basically our Constitution will have
been ruled to be of no consequence. Congress and the President will be handed
the keys to the nation. They will be able to open any door without resistance.
This is a very dangerous road to go down, if indeed we want to remain a free
people.
Historically, the courts in the
United States have held that any contract that was signed under duress was
invalid because the essence of a valid contract was that it was entered into on
all sides voluntarily. If a person was coerced in any way, he could go to
court, present his case, and have the contract invalidated. Now we have our
very own government saying that that aspect of contract law is wrong. They are
attempting to hold that they have the power to force a person to enter into a
contract that he does not wish to enter. And the contract would be valid, regardless of the duress. What
other contracts will our government force us into should this one be validated
by the Supreme Court?
When this nation was founded, liberty
was a great idea that was only enjoyed primarily by white males. Over time, as
people became more enlightened, freedom began to expand. It took a civil war,
rallies, writing, discourse, civil disobedience, and protests (sometimes
violent), but over the years the arrow of freedom continued to move in the
right direction. Blacks gained their freedom and eventually were able to
overturn discriminatory laws. Women became full citizens with the right to vote
and become leaders in industry and politics. More recently we see gay citizens
standing up for their rights and gaining them little by little. We have seen a
lot of progress in our country as its citizens of all stripes stand up for
themselves and gain independence. Are we really willing to let our desire for
safety reverse this progress? For if we give the federal government the power
to run our lives in the marketplace, it won’t just be select groups of people
who will see their freedom slip away. It will be everyone who calls himself a
citizen.