You heard it here first and I’m going out on a limb, but I predict the U.S. Supreme Court will vote 6-3 (with a concurring opinion) holding that the Patient Protection and Affordable Care Act, commonly known as Obamacare or “Commie Care,” is unconstitutional. However, the true reason for this holding will never be found in print, unless as Mark Twain said, “Only dead men tell the truth.”
Some of our founding fathers were more concerned about the judicial branch of government destroying federalism than the executive or legislative branches. Jefferson was particularly concerned about this silent creeping power. He said, “ ... the germ of dissolution of our federal government is in the constitution of the federal judiciary; an irresponsible body ... like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field of jurisdiction, until all shall be usurped from the states, and the government consolidated into one.”
Fortunately, Madison’s checks and balances may finally come into play. As he stated, “In framing a government which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to control the governed; and in the next place oblige it to control itself.”
Department of Health and Human Services v. Florida (Case no. 11-398) will prove if Madison’s plan was successful for it will be in the self-interest and for the survival of the Supreme Court in this case to be obliged “to control itself,” i.e., the government. If the Court rules Obamacare constitutional, the Court will be its own hangman. After rendering such an opinion, the Court will have disemboweled itself of any true future federal authority. Henceforth, any powers the executive or legislative branches want to exercise they can, unencumbered under the guise of the Interstate Commerce Clause or the Necessary and Proper Clause without fear of control by the Court. The Court will have to draw up the strings on the wide net it previously cast under these two provisions if it is to continue as a viable institution.
Therefore it will be necessary for the survival of the Court as a political power in the system of checks and balances to hold Obama’s Commie Care law unconstitutional. Of course, the opinion and any concurring opinions will and can never state this in their holdings. The Court majority will come up with an esoteric (possibly even logical) opinion for holding it unconstitutional by using a vague standard that will never be able to be seen as a black and white ruling. Vagueness and avoidance of a clear cut standard are mother’s milk of judicial authority and the basis of future appeals thereby self-generating the power wielded by the required exercise of court authority. As a matter of survival, and in Madison’s unstated name of the obligation “to control itself,” I predict the Court will hold the law unconstitutional by a 6-3 decision. The three justices that have already developed a reputation favoring the socialist new world order over our Constitution will hold fast in their political beliefs. Worst case scenario for freedom is, if held constitutional; we the people will no longer have any meaningful judiciary to protect our constitutional civil rights.