ObamaCare and the Constitutional Crisis

October 27, 2010 04:44

Under whatever guise it might come, a reckoning nears. After decades of swallowing Supreme Court rulings that seemed to baffle and confuse the general public, the people have begun to stiffen and rebel.

By T.L. Davis at American Thinker


The debate is also a stage-setting for the greater issues of how to read the Constitution. There are two schools of thought on the issue of constitutionality: the Literalist school and the Case Law school. Each one approaches the document from a different point of view. The Literalist reads the words and meanings as they are presented without nuance, whereas the Case Law adherent reads the Constitution as seen through the filters of case law and precedent. The words they see are not the words themselves, but placeholders for an extended file of subsequent cases and rulings.

The objections over the bailouts were not just fiscal, but constitutional. The objections to ObamaCare were not just fiscal, but constitutional. The objections to purchasing a controlling interest in private industry were not just fiscal, but constitutional. The objections to one taxpayer being forced to pay the mortgage of another were not just fiscal, but constitutional.

An unintended consequence of the Supreme Court ruling, should they rule in favor of the Case Law adherent, is that the Literalist majority of Americans might come to feel as if they are no longer free, as if they are unable to understand the rules under which they have given their consent to be governed, as if the conclusion of a long-felt oppression is complete. At this point, social upheaval is not only possible, but likely.


Help Make A Difference By Sharing These Articles On Facebook, Twitter And Elsewhere:

Interested In Further Reading? Click Here