Home
In this issue
December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review Dec. 20, 2010 / 13 Teves, 5771

Obamacare suffers a convulsion

By Jack Kelly

>



http://www.JewishWorldReview.com | It's been a tough week for Obamacare.

On Monday, Rasmussen released a poll taken the week before which indicated 60 percent of likely voters favor repeal of President Barack Obama's signature "accomplishment." Only 34 percent were opposed.

The same day a federal district judge in Virginia ruled the key provision in Obamacare, which requires Americans to buy health insurance or pay a hefty fine (2.5 percent of annual income), is unconstitutional.

Two other federal district judges, one in Michigan and another in Virginia, have ruled the individual mandate is constitutional.

The issue is whether the authority granted to Congress by the Constitution "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" permits Congress to require private citizens to buy a particular product.

It is plain from the writings of the Founding Fathers that what they'd intended is to prevent Maryland from imposing tariffs on goods from Virginia, and to keep New York from making its own trade treaties with France, Britain, or the Iroquois Confederation. No other interpretation is consistent with the Founders' notion of a federal government of specific, enumerated powers.

But the Supreme Court tortured the Commerce Clause in the 1940 case of Wickard v. Filburn, in which it held Congress could regulate how much wheat an Ohio farmer could grow on his own land to feed his own livestock. This was interstate commerce, the Court "reasoned," because if Filburn didn't grow his own wheat, he'd have had to buy wheat to feed his livestock, and he might have bought it from out of state.

Wickard v. Filburn is a vile precedent which should be overturned. But courts respect precedents, even bad ones.

Obamacare exceeded even Wickard's sweeping mandate, because the law claims that a person not doing something (buying health insurance) is engaging in interstate commerce.



This is a bridge too far, said Judge Henry Hudson: "Neither the Supreme Court nor any federal circuit court of appeals has extended the Commerce Clause power to compel an individual to involuntarily enter the stream of commerce by purchasing a product in the private market."

There are many more acts to come in this drama. The constitutionality of Obamacare likely will be debated in several courts of appeal before it makes its way to the Supreme Court.

The score so far is 2-1 in favor of constitutionality. But Georgetown University Law Professor Randy Barnett thinks Judge Hudson's decision is a game-changer.

"The government needed to run the table on all these cases to survive, and it failed," Prof. Barnett told the American Spectator.

In an op-ed in the Washington Post Tuesday, Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius dodged the legal issues raised by Judge Hudson, offering instead a political rationale for declaring Obamacare constitutional:

"Without an individual responsibility provision, controlling costs and ending discrimination against people with pre-existing conditions doesn't work," they wrote.

James Taranto of the Wall Street Journal described Mr. Holder's legal argument as "pathetically weak."

The political arguments for Obamacare are pretty lame, too. Medicare's chief actuary estimates that over the next decade it will raise health care costs by $300 billion more than they otherwise would have been. Hundreds of companies are contemplating dumping the health insurance they provide for their employees because, under Obamacare, they can no longer afford it.

To prevent this, the Department of Health and Human Services has so far granted 222 waivers from Obamacare's provisions, many to labor unions which fought for passage of the controversial law.

The huge number of waivers -- more than a million workers have been exempted -- illustrates how badly drafted the law was.

Worse, the waivers indicate replacement of the rule of law with the exercise of raw power, where equal justice for all is replaced by special favors for some.

"A waiver gives the favored organization a competitive advantage over its rivals," wrote law professor Richard Epstein. "Administrative expertise quickly takes a back seat to old-fashioned political muscle and intrigue."

Judge Hudson has struck a blow for freedom and for the rule of law. Let's hope the Supreme Court follows suit.

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

Comment by clicking here.

JWR contributor Jack Kelly, a former Marine and Green Beret, was a deputy assistant secretary of the Air Force in the Reagan administration.

Jack Kelly Archives


© 2009, Jack Kelly

Columnists

Toons

Lifestyles