SCOTU AND THE TROJAN HORSE
March 31, 2012
As a working lawyer, I seldom deal with Constitutional issues. They rarely arise in business litigation or divorce cases. Much of what I learned in my Con Law classes is rusty or forgotten. Nonetheless, I have followed the Supreme Court arguments on ObamaCare but more with a political than a legal interest. The whole business got me thinking of the Commerce Clause, which for years has been the Congressional rationale for its ever-expanding encroachment into the nooks and crannies of American's lives. The Founders, those dead, white, Christian men who wrote the greatest constitution ever devised, were so clever. You see, whilst the entire thrust of the Constitution is to deny government power by limiting it to those powers enumerated within the Constitution's four corners, those crafy craftsmen snuck in the Trojan Horse known as the Commerce Clause which, with lawyerly penumbras emanating when needed, could be used to set agricultural subsidies or mandate health care insurance for all. Beware of Founders bearing gifts.
Always life has tipping points and, this past week, one was seen and heard by all. In shock and awe by this mandate, the court stood athwart the colossus and said: Enough already. We're co-equal here; you may play within the rules but we get to say what those rules are. And this is not a rule we recognize. We're going to consider this rule over here in SCOTUS. And, in a couple of months, we'll give you all our Opinion. Seriously, Ms. Pelosi.