Obamacare vs. Limited Government

Ernest Istook / August 03, 2010

Even as Rep. Pete Stark (D-CA) was telling constituents that the federal government has unlimited power to do whatever it wants, U.S. District Judge Henry Hudson was saying, “Not so fast!”

What President Obama considers his crowning achievement illustrates the great divide in American politics — between those who see Washington’s power as limited only by the ability to sway voters and we who see it as limited by design in the U.S. Constitution.

Straining to find a constitutional basis for mandating that everyone must buy health insurance, Obama’s lawyers resorted to the all-purpose Interstate Commerce Clause. But as much as that overburdened clause has been stretched before, Obamacare advocates want to twist it into a brand new and bigger-than-ever shape. As Judge Hudson wrote, “Never before has the Commerce Clause and associated Necessary and Proper Clause been extended this far.” (more…)