Saturday, October 26, 2013

Post Constitutionalism

John Hayward

"How can you punish people for not buying something that is impossible to buy because of the inability of this website to function because of government incompetence?" asked Senator Marco Rubio (R-FL), as he announced a bill to delay the ObamaCare individual mandate.

The crusty constitutionalists out there might say Rubio could have stopped nine words into that sentence, but the Supreme Court judgment that upheld the Affordable Care Act moved us firmly and completely into the post-Constitutional era. The only limit on government power now is what the government thinks it can get away with. Laws can be tossed aside or rewritten on the fly, by Supreme Court justices or the President, when they interfere with the Big Government agenda.

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