The Founders and ObamaCare

Wall Street Journal: Would The Founders Love ObamaCare?

Powerful political forces suddenly seem to be in motion across the U.S. What they have in common is anxiety over what government has become in the first decade of the 21st century.

The tea party movement is getting the most attention because it is the most vulnerable to the standard tool kit of mockery and ridicule. It is more difficult to mock the legitimacy of Scott Brown’s overthrow of the Kennedy legacy, the election results in Virginia and New Jersey, an economic discomfort that is both generalized and specific to the disintegration of state and federal fiscs, and indeed the array of state attorneys general who filed a constitutional complaint against the new health-care law. What’s going on may be getting past the reach of mere mockery.

Constitutional professors quoted in the press and across the Web explain that much about the federal government’s modern authority is “settled” law. Even so, many of these legal commentators are quite close to arguing that the national government’s economic and political powers are now limitless and unfettered. I wonder if Justice Kennedy believes that.

Or as David Kopel asked on the Volokh Conspiracy blog: “Is the tax power infinite?”

In a country that holds elections, that question is both legal and political. The political issue rumbling toward both the Supreme Court and the electorate is whether Washington’s size and power has finally grown beyond the comfort zone of the American people. That is what lies beneath the chatter about federalism and the 10th Amendment.

Liberals will argue that government today is doing good. But government now is also unprecedentedly large and unprecedentedly expensive. Even if every challenge to ObamaCare loses in court, these anxieties will last and keep coming back to the same question: Does the Democratic left think the national government’s powers are infinite?

Daniel Henninger has outdone himself.  Great, great piece.  Read the whole thing at the link above.



  1. Boston Blackie says:

    I am hoping to wake up tomorrow and this Obamascare will be one big, bad April Fools joke on the country. We can hope and pray, can’t we!?!

  2. The left will continue to grab power until they achieve tyranny, leaving citizens with no escape. The left won’t be happy until there is no power left to grab and they have it all. It is their flawed ideology in which they think they are better than the people and that they know best. They think the people are lowly ignorant peasants and that if they didn’t step in that we wouldn’t be able to do anything for ourselves. Sadly, some of the sheep fall in line and follow along.

  3. Tyranny blows says:

    I see Saddams, Udays, and Qusays in our future, DO NOT think it can’t happen here people.

  4. Gail B. says:

    The BASIC problem with the ObamaCare is that, if Congress can overreach and take control of our health care, it can also overreach (under the “clause” of the “general welfare,”) to include every aspect of our lives, to include police, utilities, fire protection, groceries, clothing, ANYTHING and EVERYTHING!

  5. Gail B. says:

    Oh, yeah–don’t forget STUDENT LOANS, too! Gee, I feel healthier already!

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