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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 March 27, 2012/ 4 Nissan, 5772

Obamacare: Will the Court Vindicate Itself?

By David Limbaugh




http://www.JewishWorldReview.com | If there has ever been a case that could vindicate the Supreme Court as a guardian of liberty or incriminate it as freedom's thief, it is the court's present consideration of the Affordable Care Act.

At the founding of the republic, the Anti-Federalist opponents of the Constitution warned that to grant the power to declare laws unconstitutional to an unelected and life-tenured Supreme Court could subvert the democratic republic and threaten our liberties.

In the Anti-Federalist papers, "Brutus" argued that though there would be strong checks on the other two branches of government, the power of judicial review would give the court the final say in overturning laws enacted by the people's elected representatives in Congress and make the unaccountable judicial branch superior to the elected legislative branch.

Brutus wrote: "The supreme court under this constitution would be exalted above all other power in the government, and subject to no control. ... The judges in England are under the control of the legislature ... but the judges under this constitution will control the legislature, for the supreme court are authorised in the last resort, to determine what is the extent of the powers of the Congress. They are to give the constitution an explanation, and there is no power above them to set aside their judgment. ... (The authors of the constitution) have made the judges independent, in the fullest sense of the word. There is no power above them, to control any of their decisions."

This was particularly dangerous, argued Brutus, because "when great and extraordinary powers are vested in any man, or body of men, which in their exercise, may operate to the oppression of the people, it is of high importance that powerful checks should be formed to prevent the abuse of it." And "this responsibility, he said, "should ultimately rest with the people."

But under the proposed constitution, he noted, the court would be "independent of the people, of the legislature, and of every power under heaven." Anticipating Lord Acton's now-famous maxim that "absolute power corrupts absolutely," Brutus continued, "Men placed in this situation will generally soon feel themselves independent of heaven itself." Indeed, Brutus observed that judges could only be removed for improper conduct or "high crimes and misdemeanors"; they could not be impeached for errors in their judgment.

Alexander Hamilton fought back in Federalist No. 78, pointing out that the judicial branch would "always be the least dangerous to the political rights of the constitution," because it would "be least in a capacity to annoy or injure them." By this, he meant that the judicial scope and function was much more narrowly prescribed than those of the other two branches. "The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever."

To reinforce the idea that the judiciary was to be a weaker, passive branch — only empowered to hear cases brought to it — he wrote, "It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments." In fact, he said, "the judiciary is beyond comparison the weakest of the three departments."

Hamilton argued that contrary to assertions that judicial review would dilute republican government — divesting elected representatives of their authority — it actually would strengthen it, because the court would ensure that the Constitution, which is the ultimate expression of the people's will, would remain superior to mere acts of legislation. He also anticipated that scholarly men of virtue, independent of political pressures, would render their decisions based on the law and facts.

It can hardly be denied that some of Brutus' fears have been realized through the years. The courts have hardly remained as limited in scope or as passive as theory suggested they would be. The court has, in many areas, become a super-legislature of expansive scope and, as a practical matter, is not always a passive body, because activist groups have become so mobilized, organized and manipulative that they can manufacture a "case or controversy" on almost any important issue at the drop of a hat. Plus, though most Supreme Court justices have indeed been learned, many have long since abdicated their duty to interpret the Constitution dispassionately and have adopted an activist, results-oriented approach to jurisprudence, which has systematically corrupted the integrity of the Constitution and, thus, of the rule of law and republican government.

The question is whether the court will strike down the manifestly unconstitutional Affordable Care Act and vindicate Alexander Hamilton or uphold it and thereby hammer yet one more nail in the coffin of this nation's precious liberty.


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David Limbaugh, a columnist and attorney practicing in Cape Girardeau, Mo. Comment by clicking here.

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