As I read and listen to the oral arguments before SCOTUS, I am reminded of something that occurred to me on the D.C. vs Heller decision in June 2008: That decision went 5-4 with Justice Kennedy again being the swing vote. But, my concern was why on earth wasn’t it 9-0? The language is clear. The framers and the anti-federalists who wrote the Bill of Rights needed to be clear, precise and unambiguous using the language of the time. My lands, the Constitution was and is a contract that established a nation and how it was to be run!! 5-4? And some of the tortured logic from the minority justices!! Well, here we are with the 3 men/women running the country and my freedom is down to one of those.
The 3: one person in one house of Congress that makes a majority, POTUS to sign the bill making it law, and one justice on SCOTUS to find it constitutional. And that is where we are in ObamaCare: one senator to push it over, Obama to sign it into law, and now we await the decision of one, just one SCOTUS justice to make it 5-4 reversing the lower court and the republic ends. As Justice Scalia asked where is the limit to the broad interpretation of the Commerce Clause end? Where is its boundary? Can Congress declare we all will buy certain cars, cell phones or that we take vitamins each day and be required to take random urine tests to ensure compliance. Why not? After all, isn’t it for our own good, personal responsibility and freedom be damned!
I sincerely fear for the republic.