Campfire Blog

Scalia, Thomas, Alito, Kennedy: Voices of Freedom

‘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.”


  1. D.M. Zuniga, P.E.

    So, Chief Justice Roberts’ voice is *also* a voice of freedom — you just have to understand the language.

    After 150 years’ slide into communism at the hands of Congress and a growing parasite segment, reversing the Commerce Clause accretions requires a ‘carrier ruling’; a handy case on which to lay out an ‘obiter dictum’ signaling where the USSC intends to go. Good strategy calls for tactics, tactics, tactics.

    Read Roberts’ writing again, with my hypothetical in mind… (Go ahead, I’ll wait.)

    See? That’s why you won’t see Obama grinning as much anymore. His “win” provides a great deal of ammunition for a big, big loss for the unconstitutional, cancerous Leviathan State.

    These things take time.

  2. D.M. Zuniga, P.E.

    No, no, Joe…it was a brilliant, nuanced tactical move to a strategic end. Roberts is sucker-punching the Obama administration in a classic feint, leaving the liberals on the court not smiling at all, for they know what game’s afoot.

    As I commented in the piece below (“see your article entitled “Let’s See What Roberts Had to Say”) this was a brilliant move by Chief Justice Roberts. Felicitously, Kennedy played along — and with his dissent, pretty much redeemed himself as a conservative, finally.

    You’ll see clueless boors like Pelosi and Obama gloating about this. You’ll see those ‘Obamacare billionaires’ gloating, too; but only for perhaps a year or 18 months.

    Read Roberts’ opinion. His target is the Congress’ wax-nose treatment of the Commerce Clause over the past 90+ years.

    If Romney doesn’t drop the ball (by appearing to join the liberals, Roberts just gave Romney the election — or at least 10 million more motivated supporters, and likely $100 million more support) and makes one or two solid conservative USSC appointments, the ‘elastic clause’ expansion of the Leviathan State that we’ve suffered for a century, should begin to be reversed.

    Well played, Mr. Chief Justice.

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