Sunday, July 8, 2012

"Unconstitutional!"

The current Supreme Court
Recently, the Supreme Court affirmed the constitutionality of the Affordable Care Act. In doing so I think, along with many others on both the right and the left, that Chief Justice Roberts "switched sides."
Frankly, the way the Chief Justice did the switch was to declare the "penalty" for not buying insurance a tax. He also declared the Commerce Clause in the Constitution (which underpins a lot of federal law these days) over-used. In this way, he is asserting states' rights in a manner that could radically alter the way our government works.
But it is this cry that the Affordable Care Act is unconstitutional (on its face, any way you look at it) by the right that has been bothering me.
To declare that is to suggest that the political party that enacted law is guilty of malfeasance. And that is what worries me. By saying that the Congress (the majority of 535 elected delegates to Washington) and the President did something unconstitutional is to say that every one of them failed, utterly to follow the oath of office they took. It also charges the majority and the President with treason.
While a Vice-President, after leaving office was charged with treason (not committed while in office), nobody has ever charged a President or a majority in Congress with treason since I have been alive (though Senator McCarthy tried).
I have to object. And the declaration that the Affordable Care Act is 'Obamacare' places the charge right in the Presidential office. I don't know about you, but I think this is tantamount to offering disrespect to the office of the President.
Everyone admires Jackie Robinson, the first Black player to play Major League baseball. He was taunted, insulted and reviled simply because he was Black and he dealt with all of that with equanimity, never lashing out and never rising to the bait. I suppose we have another Robinson in our President. He has never declared the opposition racists, even though this suggestion of treasonous acts and a resurgence of claims that he was not born in the US or does not "think like an American" could be seen as such.
"No Drama Obama" was the phrase that described his first campaign. I think it describes his Presidency well. Despite the crass derogation of his actions, a claim of treason, outright lies about his policies, he soldiers on. He does not sing his own praises, he gives others credit and has consistently looked for a middle ground for his policies.
Problem is, the other side isn't playing. They say, "Well, the Senate has not offered to pass a budget in years." Since funding bills must originate in the House, that is hardly the Senate's responsibility. Additionally, it is doubtful that this Senate would pass Congressman Ryan's budget. That budget -- which kills Social Security, Medicare, Medicaid and the rest of the social safety net in one fell swoop -- is not worth even discussing by moderates.
So I am hopeful that this election will either see the demise of the TEA Party or the end to Republican control in the House. Passing a series of anti-women legislation does not keep the promise to create jobs, which is how Republicans got elected to a House majority. Job growth has stalled and Republicans, who promised jobs, are blaming the President.
I have to ask where is the Republican leadership? If they're the ones who can pass legislation to create jobs, where is the legislation?
In the meantime, the Administration is doing all it can to produce jobs. But if the only legislation out of the House is to stop abortion, it doesn't look like it is going to create any jobs.

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