Rational Nation USA

by: Les Carpenter Rational Nation USA Liberty -vs- Tyranny Being one who is opposed to the ACA (ObamaCare) because I believe it is not the best this nation can devise (think the Swiss Healthcare Plan), I none the less fully and vehemently support the majority decision. I support it not because in a theoretical or philosophical sense it is valid. It is not. Rather I support it in the judicial sense it is valid, has merit, and because the argument it should be (have been) invalided on the basis of the individual mandate being unconstitutional was not compelling. In the opinion of this site the rationale for upholding the legislation is intriguing, indeed brilliant. Essentially the ruling rewrites the power of Congress power to regulate . Chief Justice Roberts is deserving of our respect. Both for rising above pure partisan political ideology (which Supreme Court Justices are supposed to do) as well as for his brilliantly written majority opinion that essentially places the ...

by: Les Carpenter Rational Nation USA Liberty -vs- Tyranny The Washington Post   ran an article Saturday June 23rd pointing out that many "prominent" legal scholars believe tactical errors by President Obama's legal team of experts (tactics approved by him) actually may have actually damaged the likelihood of the Affordable Care Act (ACA or ObamaCare) surviving Supreme Court scrutiny. The segment of the article that actually supports the argument made by the "prominent" legal scholars follows below. We should all be thankful that the Obama team of legal experts failed to see the advantage in using them as central to their arguments. To defend the health-care mandate, for instance, the government could have cited past measures such as a 1792 law signed by President George Washington requiring able-bodied men 18 or older to purchase a musket and ammunition. Several scholars, even former president Bill Clinton, have cited the 18th-century law as an example...

by: Les Carpenter Rational Nation USA Liberty -vs- Tyranny Earlier this week President Obama caused a bit of a outrage over his remarks with respect to his signature piece of legislation, the ACA, or ObamaCare. As the Supreme Court concluded oral arguments on the constitutionality, or lack thereof the President felt the need to weigh in politically on the subject. This is what he said. CBS NEWS - "Ultimately, I'm confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress. And I'd just remind conservative commentators that for years what we've heard is, the biggest problem on the bench was judicial activism or a lack of judicial restraint — that an unelected group of people would somehow overturn a duly constituted and passed law. Well, this is a good example. And I'm pretty confident that this court will recognize that and ...