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 Conservatives' Consolation Prize

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UncleFrank
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PostSubject: Conservatives' Consolation Prize   Thu Jun 28, 2012 3:39 pm

Washington Post


Conservatives’ consolation prize
By George F. Will, Thursday, June 28, 2:56 PM
Conservatives won a substantial victory Thursday. The physics of American politics — actions provoking reactions — continues to move the crucial debate, about the nature of the American regime, toward conservatism. Chief Justice John G. Roberts Jr. has served this cause.

The health-care legislation’s expansion of the federal government’s purview has improved our civic health by rekindling interest in what this expansion threatens — the Framers’ design for limited government. Conservatives distraught about the survival of the individual mandate are missing the considerable consolation prize they won when the Supreme Court rejected a constitutional rationale for the mandate — Congress’s rationale — that was pregnant with rampant statism.

The case challenged the court to fashion a judicially administrable principle that limits Congress’s power to act on the mere pretense of regulating interstate commerce. At least Roberts got the court to embrace emphatic language rejecting the Commerce Clause rationale for penalizing the inactivity of not buying insurance:

“The power to regulate commerce presupposes the existence of commercial activity to be regulated. . . . The individual mandate, however, does not regulate existing commercial activity. It instead compels individuals to become active in commerce by purchasing a product, on the ground that their failure to do so affects interstate commerce. Construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new and potentially vast domain to congressional authority. . . . Allowing Congress to justify federal regulation by pointing to the effect of inaction on commerce would bring countless decisions an individual could potentially make within the scope of federal regulation, and — under the government’s theory — empower Congress to make those decisions for him.”

If the mandate had been upheld under the Commerce Clause, the Supreme Court would have decisively construed this clause so permissively as to give Congress an essentially unlimited police power — the power to mandate, proscribe and regulate behavior for whatever Congress deems a public benefit. Instead, the court rejected the Obama administration’s Commerce Clause doctrine. The court remains clearly committed to this previous holding: “Under our written Constitution . . . the limitation of congressional authority is not solely a matter of legislative grace.”

The court held that the mandate is constitutional only because Congress could have identified its enforcement penalty as a tax. The court thereby guaranteed that the argument ignited by the mandate will continue as the principal fault line in our polity.

The mandate’s opponents favor a federal government as James Madison fashioned it, one limited by the constitutional enumeration of its powers. The mandate’s supporters favor government as Woodrow Wilson construed it, with limits as elastic as liberalism’s agenda, and powers acquiring derivative constitutionality by being necessary to, or efficient for, implementing government’s ambitions.

By persuading the court to reject a Commerce Clause rationale for a president’s signature act, the conservative legal insurgency against Obamacare has won a huge victory for the long haul. This victory will help revive a venerable tradition of America’s political culture, that of viewing congressional actions with a skeptical constitutional squint, searching for congruence with the Constitution’s architecture of enumerated powers. By rejecting the Commerce Clause rationale, Thursday’s decision reaffirmed the Constitution’s foundational premise: Enumerated powers are necessarily limited because, as Chief Justice John Marshall said, “the enumeration presupposes something not enumerated.”

When Rep. Nancy Pelosi (D-Calif.), asked where the Constitution authorized the mandate, exclaimed, “Are you serious? Are you serious?,” she was utterly ingenuous. People steeped in Congress’s culture of unbridled power find it incomprehensible that the Framers fashioned the Constitution as a bridle. Now, Thursday’s episode in the continuing debate about the mandate will reverberate to conservatism’s advantage.

By sharpening many Americans’ constitutional consciousness, the debate has resuscitated the salutary practice of asking what was, until the mid-1960s, the threshold question regarding legislation. It concerned what James Q. Wilson called the “legitimacy barrier”: Is it proper for the federal government to do this? Conservatives can rekindle the public’s interest in this barrier by building upon the victory Roberts gave them in positioning the court for stricter scrutiny of congressional actions under the Commerce Clause.

Any democracy, even one with a written and revered constitution, ultimately rests on public opinion, which is shiftable sand. Conservatives understand the patience requisite for the politics of democracy — the politics of persuasion. Elections matter most; only they can end Obamacare. But in Roberts’s decision, conservatives can see that the court has been persuaded to think more as they do about the constitutional language that has most enabled the promiscuous expansion of government.

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PostSubject: Re: Conservatives' Consolation Prize   Fri Jun 29, 2012 10:41 pm

There is a silver lining to it but we will not know for sure until the election results are counted and certified in November!!! TWIT!!!

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PostSubject: Re: Conservatives' Consolation Prize   Sat Jun 30, 2012 4:23 pm

True.
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PostSubject: Re: Conservatives' Consolation Prize   Tue Jul 03, 2012 12:30 pm

But there is a good side to it even though it is being passed to us as a tax!!! LMAO!!!

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PostSubject: Re: Conservatives' Consolation Prize   Wed Jul 04, 2012 5:27 am

I'm confused. How is more taxes going to have a silver lining?!?
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PostSubject: Re: Conservatives' Consolation Prize   Mon Jul 09, 2012 8:49 am

I am being sarcastic!!! The only silver lining is that it just might wake up some of the freaking idiots and get them to vote correctly this November!!!

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PostSubject: Re: Conservatives' Consolation Prize   Mon Jul 09, 2012 3:02 pm

Ooooohhhhhhhhh. I get it. You really have to be careful when speaking to libturds and demoncraps, I mean when you are that damn stupid they will beleive anything. Look what happened in the last election, and many still beleive what they heard back then.
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PostSubject: Re: Conservatives' Consolation Prize   Tue Jul 17, 2012 9:46 am

Dumb and Dumber!! LMAO!!! If they still believe that crap I have some swampland in FL that they might be interested!!!

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PostSubject: Re: Conservatives' Consolation Prize   Tue Jul 17, 2012 3:03 pm

I heard a statement last night.....If you tell a huge lie and stick with it, sooner or later it becomes beleivable.
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PostSubject: Re: Conservatives' Consolation Prize   Tue Jul 24, 2012 8:45 am

But believable to whom???

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PostSubject: Re: Conservatives' Consolation Prize   Tue Jul 24, 2012 2:41 pm

To them....dumb and dumber.
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PostSubject: Re: Conservatives' Consolation Prize   Thu Jul 26, 2012 3:58 pm

At least they are beginning to wake up and bail out now! I am loving it!!! Just yell for more gun control and Little Hitler will go down faster than ever!!! TWIT!!!

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PostSubject: Re: Conservatives' Consolation Prize   Fri Jul 27, 2012 3:51 pm

He sort of backed off on his 2nd ammendment rhetoric stating that most hunters and shooters are law abiding. That more has to be done to keep people like that disgusting POS that murdered those people in Colorado. Also that the AK-47 should be in the hands of the military and not civilians. A little back peddleing?!?
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PostSubject: Re: Conservatives' Consolation Prize   Sun Jul 29, 2012 6:54 am

A little but not near enough! He finally realized that if he id not back off at least a little, the Demoncraps were going to bail out in record numbers! If no Demoncrap support he is toast! I wish he would have drawn the line in the sand and said more gun control so he would have been defeated for darn sure!!! JMJHO!!

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PostSubject: Re: Conservatives' Consolation Prize   Sun Jul 29, 2012 12:55 pm

You and me both, not to metion millions of others who dislike his dumb ass.
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PostSubject: Re: Conservatives' Consolation Prize   Tue Jul 31, 2012 8:59 am

I think he has backed off the gun issue completely. Smart man that sees the hand writing on the wall!!! JMHO!!

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PostSubject: Re: Conservatives' Consolation Prize   Tue Jul 31, 2012 3:00 pm

We will see. I dont trust him, remember he comes from massetwoshitz. That's one sorry state.
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PostSubject: Re: Conservatives' Consolation Prize   Thu Aug 02, 2012 12:45 pm

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PostSubject: Re: Conservatives' Consolation Prize   Fri Aug 03, 2012 4:27 pm

ROMNEY ROMNEY HE'S OUR MAN....IF HE CANT DO IT NO ONE CAN!!!!!
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PostSubject: Re: Conservatives' Consolation Prize   Sun Aug 05, 2012 8:32 am

I hope the hell he can!!! GG!!!!

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EXPERIENCE IS WHAT YOU GET WHEN YOU DON'T GET WHAT YOU WANTED!

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PostSubject: Re: Conservatives' Consolation Prize   Sat Aug 11, 2012 4:45 pm

So do I.........so do I.
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