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How does a proven Conservative Chief Justice land to the Left of Anthony Kennedy?
Intentionally.
When you noodle that through you'll begin to recognize just how significant yesterday was in the political world. John Roberts killed the Commerce Clause and Necessary & Proper Clause as Constitutional Authority and he tee'd up the ball for a challenge that will kill General Welfare and narrow the power to tax for only enumerated purposes, as Jefferson explained was proper. He's already reminded many Governors of the Tenth Amendment and he has forced the politicians to man-up and stop punting on the hard issues. Now the R's will have to do their jobs and Repeal, or not.
Roberts is genuinely working to kill 150+ years of bad Constitutional respect, and he can't do it all in a single vote. Why didn't he rule the tax in ObamaCare invalid and limit General Welfare in this Decision? I am not sure. I am told it was beyond the scope, that SCOTUS really needs a General Welfare challenge in order to go that far. We'll see. I think he could have done it cleanly right now.
But if you take the position that the Holder vote was a "Victory" and the SCOTUS ruling was a "Defeat", I'll let all of this marinate for a while so you can catch up. Start with this piece and just let your brain mull it over for a while.
Remember, SCOTUS only has as much real power as the other branches and the voters choose to permit. I hold their machinations have zero power over the Executive and Legislative, but both branches allow the facade to provide the illusion of Legitimacy.
Now, in a properly functioning FedGov, the Branches would respect one another and the boundaries of the Constitution. But we are not there.
TL has a piece on the topic, here.
Remember: None of this will change our course or speed to our imminent crater. Nothing SCOTUS could have done yesterday could change that trajectory. It is political theatre...and I enjoy clever, brutal politics as diversion when I know reality will intrude soon.
Anyway, on to something important: Almost all remaining III Gear orders will ship today or tomorrow (many shipped earlier this week). The only omission is shirts. As I explained earlier this week, I bombed the shirt printer with a substantial and complicated order, and they are working their way through it.
I'll have an announcement a little later this morning for a III raffle. We have several very cool raffles in the queue.
Kerodin
III
Like you, I read the American Thinker article before writing my latest post and I agree that a number of specific things have been done that are good, that should have been done long ago. I do not discount the import of them, but to the vast, vast majority this has only sealed the fate of the nation. It has claimed something dreadfully wrong is right.
ReplyDeleteI agree that the decision opens some doors to a Conservitive roll back of a lot of the Big Gov crap. I don't know if that was his intent. Now the question is can we get enough people with back-bone into the House and Senate to actually DO something! SInce this is now officially a tax, the House alone could starve it by not allowing the collection of said tax.
ReplyDeleteCruachan!
Highlander
After reading everything possible, I'm going with this.
ReplyDeletehttp://freenorthcarolina.blogspot.com/2012/06/did-roberts-give-in-to-obamas-bullying.html
The House, a supposedly R-dominated, Conservative-majority body, could have starved any or all of Obama's actions the past 2 years... sort of in line with all the campaign rhetoric we heard in 2010... and yet they didn't.
ReplyDeleteANYONE who believes the House will do anything substantive in favor of Liberty is, I think, near delusional.
Remember, 2010 saw a 'Tea Party' victory in the House, lots of conservatives, Republican controlled, yada yada... and yet they passed Indefinite Detention, Internal Exile, etc etc etc.
This is just like the last years of the Clintonista regime... 'If we elect Shrub we can roll back a lot of this nonsense...'
and if you watch Shrub's campaign speeches and interviews etc... you'd swear he was the ultimate Tea Party type.
And it was Shrub's administration which gave us the PATRIOT Act I and II, the Military Commissions Act, the nation building in Iraq and Afghanistan, yada yada yada.
All this political theater is a SIDE SHOW.
Even the Pauls turned out to be part of the sideshow.
Glenn Beck is going on about 'now is the time to get everyone registered to vote [for Romney, of course]'.
I think I'll just buy more ammo, food, medical, and try to convince as many others as possible to do the same.
Playing games with politics in an Orwellian stage play is a dangerous waste of time and resources.
ymmv
Sam,
ReplyDeleteRead my comment on your earlier SCOTUS post. The article Desperation (at Cold Fury) gives good reason to think this actually does nothing for the Commerce Clause, and is no help at all.
http://coldfury.com/2012/06/30/desperation-2/
Thanks Reg: I understand the only aspect of the decision that is binding is the scope to tax every newborn for breathing.
DeleteMy hope is that the opinions he offered are a telegraph to real Conservatives to bring cases that directly challenge the scope of ICC, Necessary & Proper, General Welfare, so they can earn direct decisions that return them to Construction.
In the end it is all just watching a sport in these days. Nothing the Court can do will stop the Enemies of Liberty in our Society. Even the Court itself is infected with at least 7 Enemies of Liberty, be they Ginsburg of the Left or Establishment/Neo-Cons of the Right.
Only time will tell if Constitutionalists have even 2.
But I give this Decision as much weight as I would give a total ban on 2A. Neither is Constitutional, and will be decided by We the People in the future.
K