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Senator
Mike Lee (R-Utah) recently wrote a book, Why John Roberts
Was Wrong About Healthcare, which is an excellent and
compelling read. Besides providing a very gripping argument
as to why Justice Roberts was wrong on the healthcare ruling
he also gives an excellent history and background on the Court
and the healthcare decision itself.
His two main arguments in the book point out how Obamacare
has made Federalism extravagant and that there appears to
no longer be a separation of power between branches. Senator
Lee explained, "Too much power is consolidated in Washington
versus remaining with the states and the people. There is
also too much legislative power being wielded by the Executive
and Judicial branches."
In his book Lee writes, "It undermines federalism inasmuch
as it sets a precedent for the Court to "cure" the
constitutional defects in a law found to be unconstitutionally
coercive of a state's sovereign powers…that federal powers
are indeed 'few and defined,' while those reserved to the
states are 'numerous and indefinite.' My reluctance to embrace
that characterization cannot be overstated." He also
directly noted that Obamacare is obviously a gross expansion
of the Federal Government.
The Senator is hoping that Americans take the time to become
knowledgeable about this bill and its consequences, "that
healthcare will get a lot more expensive, individuals will
have burdens that will bring about penalties under Federal
Law, there will be more part-time jobs without benefits, more
massive layoffs, workforce reductions, and a creation of a
class system of medicine. There is also going to be a cost
to the American taxpayer, nearly $1.8 trillion over the next
ten years."
Regarding the separation of powers he explained in the book,
"The court's job was not to ascertain whether Congress
could have achieved the same ends by properly invoking its
taxing power. Nor was it the Court's job to make any change
to the statute that might be necessary to save it. Rather,
the Court's job was to decide whether what Congress actually
enacted was a valid exercise of Congress' power to tax."
Senator Lee explained, "I wanted to show in my book the
Court was devious. In order to take jurisdiction of the case
it had to conclude it was a tax not a penalty. Otherwise they
would not be able to review the case until after the 2014
implementation kicked in. People need to understand that this
was initially written as a tax but it could not get passed.
Chief Justice John Roberts did a major disservice to the citizens
of America, rewriting the law as Congress "may have intended"
instead of accepting what Congress did intend. He did this
to "save" the unconstitutional legislation by doing
what he has no authority to do, re-writing a statute, not
once, but twice. He also changed the Medicaid expansion portion.
The bill stated that if a state did not accept the new Medicaid
expansion, it would forfeit all of its existing Federal Medicaid
payments, leaving the state to pay for everything that they
had formerly shared with the Federal government. That was
clearly an unconstitutional portion of the law, so instead
of striking it, the Court re-wrote it, allowing states to
opt out of expansion while keeping their current Federal subsidy.
The Court "fixed" the provision to make it Constitutional.
So we have a law, which, because the Court altered it, is
a law that was not passed by Congress. As I stated in my book,
this law as it stands today is not the law passed by Congress.
It has been amended twice by the Supreme Court and twice by
the President."
Many outside of the Washington beltway want action, not inaction.
Anyone that wants to understand how this law has been changed
four times should read Why John Roberts Was Wrong About Healthcare
to get a complete and concise analysis.
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