An Unmitigated Disaster for America

The SCOTUS decision on Obamacare is an unmitigated disaster for America. Here’s why:

1. IT INVENTS A NEW, EXPANDED DEFINITION OF THE POWER TO TAX. Roberts firewalled the expansion of the Commerce Clause, but redefined a mandate as a “tax.” Now the Left no longer needs the Commerce Clause to do anything it wants. Leftist social engineers can run (and ruin) our lives via the Tax Clause.

The constitutional power to tax has never before been used to control private behavior, only to fund functions of government. Roberts INVENTED a huge new cudgel that the government can use to oppress and bully the people. Government WILL use it against us in ways we do not now imagine.

Libertarian attorney Jacob Hornberger rightly a called the Constitution “a barbed-wire entanglement designed to interfere with, restrict, and impede government officials in the exercise of political power.” That is the Founding Fathers’ view. By contrast, Roberts took it upon himself to EXPAND federal power in a previously unheard-of direction.

John Yoo of the U.C. Berkeley School of Law has a great Wall Street Journal piece called “Chief Justice Roberts and His Apologists.” Here’s an excerpt:

Justice Roberts’s opinion provides a constitutional road map for architects of the next great expansion of the welfare state. Congress may not be able to directly force us to buy electric cars, eat organic kale, or replace oil heaters with solar panels. But if it enforces the mandates with a financial penalty then suddenly, thanks to Justice Roberts’s tortured reasoning . . . the mandate is transformed into a constitutional exercise of Congress’s power to tax. . . . Justice Roberts may have sacrificed the Constitution’s last remaining limits on federal power for . . . a little peace and quiet from attacks during a presidential election year.

2. REPEAL AND REPLACE IS A LONG SHOT. A friend of mine confidently told me, “No worries. We’ll win the election, and Obamacare will be repealed and replaced by the next administration.”

First, I’m not confident Mitt Romney will win. He has a limitless capacity for unforced campaign errors.

Second, even if he wins, it’s unlikely Obamacare will be dismantled. No government program, once established, has ever been dismantled in the history of the republic. Ronald Reagan couldn’t fulfill his promise to dismantle the Dept. of Education, even though it had been established just a year earlier by Jimmy Carter. The forces against repeal will be brutal. I don’t think Romney and Boehner really believe they will “repeal and replace” Obamacare, but it does make great election-year rhetoric.

Our best chance of dismantling this unconstitutional, oppressive socialist scheme was in the Supreme Court. Now that chance is gone.

3. ROBERTS’ RATIONALIZATION TWISTS THE CONSTITUTION. Some apologists for Chief Justice Roberts suggest that he crafted this tortured decision in order to safeguard the reputation and stature of SCOTUS. If so, then he protected SCOTUS at the expense of the nation and the Constitution. The best way to safeguard SCOTUS is to safeguard the Constitution. By concocting a transparently phony rationale that a mandate is a tax, Roberts got friendly media coverage, but did violence to the Constitution. If Roberts crafted this rationale in order to improve the reputation of SCOTUS, he’s lost his perspective on why SCOTUS exists.

4. WE CAN’T RELY ON ANTI-TAX SENTIMENT. Some have suggested that if people don’t like being taxed to pay for Obamacare, they can simply vote to change Congress.

Problem: We’ve reached the tipping point where anti-tax sentiment in America is a minority position. Most Americans pay no income taxes, and have every reason and incentive to vote increased taxes on those who do pay. Voters won’t vote to change Congress if they like getting freebies from the government at the expense of fellow taxpayers.

What about people who can’t pay the Obamacare mandate “tax”? The rest of us will pay it for them. The middle class will get soaked, as usual.

5. THE FOUR DISSENTERS ON THE COURT MAKE A COMPELLING CASE THAT THIS IS A DISASTROUS DECISION. Justices Scalia, Kennedy, Thomas, and Alito wrote:

To say that the Individual Mandate merely imposes a tax is not to interpret the statute but to rewrite it. Judicial tax-writing is particularly troubling. . . . The Constitution requires tax increases to originate in the House of Representatives . . . the legislative body most accountable to the people. . . . We have no doubt that Congress knew precisely what it was doing when it rejected an earlier version of this legislation that imposed a tax instead of a requirement-with-penalty. . . . Imposing a tax through judicial legislation inverts the constitutional scheme, and places the power to tax in the branch of government least accountable to the citizenry.

The devastating logic of the dissenters trumps the slippery reasoning of Chief Justice Roberts. This decision is a complete disaster, and I have very little confidence it can ever be undone.

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Wisdom about Wealth, Poverty, and Freedom

“We have no right to judge the rich. We do not believe in class struggle but class encounter where the rich save the poor and the poor save the rich.”
—Mother Teresa

“Underlying most arguments against the free market is a lack of belief in freedom itself.”
—Milton Friedman

“The care of every man’s soul belongs to himself. But what if he neglect the care of it? Well what if he neglect the care of his health or his estate, which would more nearly relate to the state. Will the magistrate make a law that he not be poor or sick? Laws provide against injury from others; but not from ourselves. God himself will not save men against their wills.”
—Thomas Jefferson

“Tariffs, quotas and other import restrictions protect the business of the rich at the expense of high cost of living for the poor. Their intent is to deprive you of the right to choose, and to force you to buy the high-priced inferior products of politically favored companies.”
—Alan Burris

“The more laws and restrictions there are, the poorer the people become.”
—Lao Tsu

“The higher entry standards imposed by licensing laws reduce the supply of professional services … The poor are the net losers, because the availability of low-cost service has been reduced. In essence, the poor subsidize the information research costs of the rich.”
S. David Young

“Liberals believe government should take people’s earnings to give to poor people. Conservatives disagree. They think government should confiscate people’s earnings and give them to farmers and insolvent banks. The compelling issue to both conservatives and liberals is not whether it is legitimate for government to confiscate one’s property to give to another, the debate is over the disposition of the pillage.”
Walter Williams

“Politics is the art of obtaining money from the rich and votes from the poor on the pretext of protecting each from the other.”
—Anonymous

“Somehow, the fact that more poor people are on welfare, receiving more generous payments, does not seem to have made this country a nice place to live – not even for the poor on welfare, whose condition seems not noticeably better than when they were poor and off welfare. Something appears to have gone wrong; a liberal and compassionate social policy has bred all sorts of unanticipated and perverse consequences.”
Irving Kristol

“You cannot strengthen the weak by weakening the strong. You cannot help the wage earner by pulling down the wage payer. You cannot help the poor by destroying the rich. You cannot help men permanently by doing for them what they could and should do for themselves.”
John Henry Boetker

“When democratic governments create economic calamity, free markets get the blame.”
—Jack Kemp

“The historical debate is over. The answer is free-market capitalism.”
—Thomas Friedman

“If there are still honest-smart men and women within those old and noble traditions, they should think carefully, observe and diagnose the illness. They should face the contradiction. Discuss the conflation. And then do as Warren Buffett and Bill Gates and many others have done. Choose the miracle of creative competition over an idolatry of cash.”
—David Brin

“Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience.”
C. S. Lewis

“Government cannot make man richer, but it can make him poorer.”
—Ludwig von Mises

“May Your Chains Sit Lightly Upon You…”

“Contemplate the mangled bodies of your countrymen, and then say ‘what should be the reward of such sacrifices?’ Bid us and our posterity bow the knee, supplicate the friendship and plough, and sow, and reap, to glut the avarice of the men who have let loose on us the dogs of war to riot in our blood and hunt us from the face of the earth?

“If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom — go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen.”

Samuel Adams
Speech before the State House of Pennsylvania, Philadelphia, August 1, 1776.

President Obama and Congressional Republicans Have Made Free Speech a Felony

The Republicans passed HR 437 as an anti-Occupy measure. President Obama signed it to insulate himself from protesters during the 2012 campaign. The Republicans and Democrats have conspired together to criminalize the First Amendment. The ghosts of the founding fathers demand to know why our so-called “leaders” have voided and vacated the rights they bled and died for.

Robert A. Heinlein Quotations

Action

“Take sides! Always take sides! You will sometimes be wrong — but the man who refuses to take sides must always be wrong.”
Double Star (1956)

“A human being should be able to change a diaper, plan an invasion, butcher a hog, conn a ship, design a building, write a sonnet, balance accounts, build a wall, set a bone, comfort the dying, take orders, give orders, cooperate, act alone, solve equations, analyze a new problem, pitch manure, program a computer, cook a tasty meal, fight efficiently, die gallantly. Specialization is for insects.”
Time Enough for Love (1973)

Age

“Age is not an accomplishment, and youth is not a sin.”
Methuselah’s Children (1958)

Altruism

“If tempted by something that feels ‘altruistic,’ examine your motives and root out that self-deception. Then, if you still want to do it, wallow in it!”
Time Enough for Love (1973)

Change

“People don’t really want change, any change at all — and xenophobia is very deep-rooted. But we progress, as we must — if we are to go out to the stars.”
Double Star (1956)

Death

“‘Die trying’ is the proudest human thing.”
Have Space Suit—Will Travel (1958)

“Heaven help me, I could not see the far end! The smoke had billowed up and my eyes would barely open and would not focus. So I pushed on, while trying to remember the formula by which one made a deathbed confession and then slid into Heaven on a technicality.
“Maybe there wasn’t any such formula.”
Job: A Comedy of Justice (1984)

Democracy

“Democracy’s greatest fault is that its leaders are likely to reflect the faults and virtues of their constituents—a depressingly low level, but what else can you expect? So take a look at Douglas and ponder that, in his ignorance, stupidity, and self-seeking, he much resembles his fellow Americans, including you and me . . . and that in fact he is a notch or two above the average. Then take a look at the man who will replace him if his government topples.”
“There’s precious little choice.”
“There’s always a choice! This one is a choice between ‘bad’ and ‘worse’—which is a difference much more poignant than that between ‘good’ and ‘better.'”
[Dialogue between Jubal Harshaw and Ben Caxton, [The Original Uncut] Stranger in a Strange Land (1991)

“Does history record any case in which the majority was right?”
The Notebooks of Lazarus Long (1978).

“If you are part of a society that votes, then do so. There may be no candidates and no measures you want to vote for, but there are certain to be ones you want to vote against. In case of doubt, vote against. By this rule you will rarely go wrong. If this is too blind for your taste, consult some well-meaning fool (there is always one around) and ask his advice. Then vote the other way. This enables you to be a good citizen (if such is your wish) without spending the enormous amount of time on it that truly intelligent exercise of franchise requires.”
Time Enough for Love (1973)

Duty

“Do not confuse ‘duty’ with what other people expect of you; they are utterly different. Duty is a debt you owe to yourself to fulfill obligations you have assumed voluntarily. Paying that debt can entail anything from years of patient work to instant willingness to die. Difficult it may be, but the reward is self-respect.
“But there is no reward at all for doing what other people expect of you, and to do so is not merely difficult, but impossible. It is easier to deal with a footpad than it is with the leech who wants ‘just a few minutes of your time, please — this won’t take long.’
“Time is your total capital, and the minutes of your life are painfully few. If you allow yourself to fall into the vice of agreeing to such requests, they quickly snowball to the point where these parasites will use up 100 percent of your time — and squawk for more!
“So learn to say No — and to be rude about it when necessary.
“Otherwise you will not have time to carry out your duty, or to do your own work, and certainly no time for love and happiness. The termites will nibble away your life and leave none of it for you.
“(This rule does not mean that you must not do a favor for a friend, or even a stranger. But let the choice be yours. Don’t do it because it is ‘expected’ of you.)”
Time Enough for Love (1973)

Excellence versus Mediocrity

“Some people insist that ‘mediocre’ is better than ‘best.’ They delight in clipping wings because they themselves can’t fly. They despise brains because they have none.”
Have Space Suit—Will Travel (1958)

Excess

“Everything in excess! To enjoy the flavor of life, take big bites. Moderation is for monks.”
Time Enough for Love (1973)

Experts

“Expertise in one field does not carry over into other fields. But experts often think so. The narrower their field of knowledge the more likely they are to think so.”
Time Enough for Love (1973)

Freedom

“Mighty little force is needed to control a man whose mind has been hoodwinked; contrariwise, no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything — you can’t conquer a free man; the most you can do is kill him.”
If This Goes On (1940)

“Free will is a golden thread running through the frozen matrix of fixed events.”
The Rolling Stones (1952)

“I will accept the rules that you feel necessary to your freedom. I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do. ”
The Moon Is a Harsh Mistress (1966)

Government

“I would say that my position is not too far from that of Ayn Rand’s; that I would like to see government reduced to no more than internal police and courts, external armed forces — with the other matters handled otherwise. I’m sick of the way the government sticks its nose into everything, now.”
(Interview, date unknown)

Human Beings (Humanity)

“If men were the automatons that behaviorists claim they are, the behaviorist psychologists could not have invented the amazing nonsense called ‘behaviorist psychology.'”
Time Enough for Love (1973)

Laws

“Every law that was ever written opened up a new way to graft.”
Red Planet (1949)

“My old man claimed that the more complicated the law the more opportunity for scoundrels.”
The Door Into Summer (1957)

“Nobody ever wins a lawsuit but the lawyers.”
The Door Into Summer (1957)

Learning

“Human beings hardly ever learn from the experience of others. They learn; when they do, which isn’t often, on their own, the hard way.”
Time Enough for Love (1973)

Life

“Life is short, but the years are long.”
Methuselah’s Children (1958)

Love

“Love is the condition in which the happiness of another person is essential to your own.”
Stranger in a Strange Land (1961)

Meaning

“No philosophy that he had ever heard or read gave any reasonable purpose for man’s existence, nor any rational clue to his proper conduct. Basking in the sunshine might be as good a thing to do with one’s life as any other — but it was not for him and he knew it, even if he could not define how he knew it.”
Methuselah’s Children (1958)

“A zygote is a gamete’s way of producing more gametes. This may be the purpose of the universe.”
Time Enough for Love (1973)

Patriotism

“Patriotism is not sentimental nonsense. Nor something dreamed up by demagogues. Patriotism is as necessary a part of man’s evolutionary equipment as are his eyes, as useful to the race as eyes are to the individual.”
Speech to the U.S. Naval Academy (1973)

Reason, Logic, and Thought

“When a fact came along, he junked theories that failed to match.”
Have Space Suit—Will Travel (1958)

“Logic is a feeble reed, friend. ‘Logic’ proved that airplanes can’t fly and that H-bombs won’t work and that stones don’t fall out of the sky. Logic is a way of saying that anything which didn’t happen yesterday won’t happen tomorrow.”
Glory Road (1963)

“Man is not a rational animal, he is a rationalizing animal.”
Assignment in Eternity (1953)

“One can judge from experiment, or one can blindly accept authority. To the scientific mind, experimental proof is all important and theory is merely a convenience in description, to be junked when it no longer fits. To the academic mind, authority is everything and facts are junked when they do not fit theory laid down by authority.”
Life-Line (1939)

“The capacity of the human mind for swallowing nonsense and spewing it forth in violent and repressive action has never yet been plumbed.”
Revolt in 2100 (1953)

Science

“If it can’t be expressed in figures, it is not science; it is opinion.”
Time Enough for Love (1973)

Strong Drink

“Be wary of strong drink. It can make you shoot at tax collectors — and miss.”
The Notebooks of Lazarus Long (1978).

Trust

“I don’t trust a man who talks about ethics when he is picking my pocket. But if he is acting in his own self-interest and says so, I have usually been able to work out some way to do business with him.”
Time Enough for Love (1973)