‘We place liberty at peril’
There are a few ways to look at the Obamacare decision: From a nuanced, academic, legalistic perspective maybe–maybe–it has merit. From the perspective of freedom that, say, this nation was founded on, it sounds more like a violation of our inheritance.
Read this passionate dissent from Justices Scalia, Thomas, Alito, and, yes, even Anthony Kennedy:
“The Constitution, though it dates from the founding of the Republic, has powerful meaning and vital relevance to our own times. The constitutional protections that this case involves are protections of structure. Structural protections—notably, the restraints imposed by federalism and separation of powers—are less romantic and have less obvious a connection to personal freedom than the provisions of the Bill of Rights or the Civil War Amendments. Hence they tend to be undervalued or even forgotten by our citizens. It should be the responsibility of the Court to teach otherwise, to remind our people that the Framers considered structural protections of freedom the most important ones, for which reason they alone were embodied in the original Constitution and not left to later amendment. The fragmentation of power produced by the structure of our Government is central to liberty, and when we destroy it, we place liberty at peril.”