Posted by: James Atticus Bowden | December 13, 2010

Judging the Congress by the Constitution

Obamacare is built upon forcing individual U.S. citizens, the actual sovereigns of the state, to buy health insurance.   The Liberals/statists/socialists/progressives/nom du jour  claimed the “commerce clause” in the U.S. Constitution gives the Congress and President the power to force every citizen to buy something – whether they want to or not.

Here is what the Constitution says:  (Article I, Section 8, Clause 3). The United States legislature shall have power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”.

That is it.  Regulate.  Nothing more.  Among the states.   Not persons.

Contrary to what thousands of judges have done since the 1930s, one Federal Judge judged the law based on the Constitution.   In this case, he couldn’t even find legal decisions made up from the bench that could stretch the Commerce Clause to give such power to the Federal Government.  Hooah for the judge doing his duty.

When the cheering for our Commonwealth’s Attorney General, Ken Cuccinelli, and the Judge Hudson stops, the Good People of Virginia and the other states need to ask simple, hard questions.

Is the Constitution what it says – the words on paper?  Or, is the Constitution all the words black-robed priest-kings, called judges, made up?  Choose one or the other.

Then, elect politicians to exercise the powers of the Executive and Legislature to control politicians wearing the robes on high benches.   Hold them all accountable.

The judges are supposed to judge the constitutionality of Congressional and Executive actions.  Not make up the Constitution.  Hold them all accountable.



  1. I think the judge was right–this was heard on motions for summary judgement and the other 400 provisions were not involved. The doctrine of severability does not allow the dumping of an entire law in the absence of a severability provision, just all those provisions intertwined with the provision which is struck down. And that is exactly what Judge Hudson has done.

  2. Thanks for your comment, Chris.

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