By defining the mandate as a tax, one that will not be uniformly applied, the Supreme Court ran afoul of the Constitution.

By David B. Rivkin Jr. and Lee A. Casey

ObamaCare is being implemented, having been upheld as constitutional by the Supreme Court in June in a series of cases now known as National Federation of Independent Business v. HHS. It is becoming increasingly clear, however, that the court took a law that was flawed but potentially workable and transformed it into one that is almost certainly unworkable. More important, the justices also may have created new and fatal constitutional problems.

ObamaCare, or the Affordable Care Act, was conceived as a complex statutory scheme designed to provide Americans with near-universal health-care coverage and to effectively federalize the nation’s health-care system. The law’s core provision was an individual health-insurance purchase mandate, adopted by Congress as a “regulation” of interstate commerce. The provision required most Americans to buy federally determined minimum health-care insurance, or to pay a penalty more or less equivalent to the cost of that coverage.

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Appellate and international attorney David Rivkin joins a panel at the Cato Institute’s annual publication of its review of the Supreme Court and its Constitution Day celebration in Washington D.C.

The following highlight’s David Rivkin and his remarks on the 2011 Supreme Court term review and health care law to the panel and audience members.

Appellate and international attorney David Rivkin joins a panel at the Cato Institute’s annual publication of its review of the Supreme Court and its Constitution Day celebration in Washington D.C.

The following segment highlight’s David Rivkin and his remarks on the 2011 Supreme Court term review and health care law.

Democrats regard federalism as quaint, Republicans at least pay lip service to it

By David B. Rivkin Jr. and Elizabeth Price Foley

In the presidential debates, Barack Obama and Mitt Romney ranged across dozens of topics, but an important one didn’t come up: federalism. And no wonder.

The idea that the Constitution grants only limited and enumerated powers and leaves the remainder to the states is foreign to those who believe that the national government should or even could address voters’ every concern. But contrary to the view widely shared by the political class, Washington—in particular, Congress—does not have the power to pass any law it wants in the name of the “general welfare.”

Politicians should take heed. Voters are increasingly focused on the proper role of government in society: Witness the rise of the tea party and unease over the massive debt caused by entitlements and other government handouts. The continuing loud objection to ObamaCare’s takeover of health care shows that voters want to preserve the Constitution’s architecture of limited federal power.

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Unfortunately, examples of failed U.S. leadership in foreign policy continue to increase in both frequency and gravity:

1. We have failed to stop Iran’s nuclear-weapons program.
2. We have failed to punish Tehran for facilitating the deaths of American soldiers
3. We have failed to punish them for plotting to assassinate the Saudi ambassador to Washington.

In the aftermath of September 11, 2012, an even more tragic failure,the Obama administration failed to have Iraq extradite Hezbollah terrorist Ali Musa Daqduq to the U.S. for trial. The president continues to reinforce the impression of American impotence. In December 2011, nearly a year ago, we predicted that the failure to extradite Daqduq would “have serious repercussions, measured in diplomatic defeats and lost lives.”

Did the fact that an Iraqi court cleared Daqduq of all charges embolden the attackers on Benghazi last month?

The Supreme Court ObamaCare ruling is the topic at a Federalist Society forum on October 4 at Florida International University College of Law. David Rivkin, who led the 26-state case against the US government, and Prof. Elizabeth Foley will present.

FOR IMMEDIATE RELEASE

PRLog (Press Release) – Oct 01, 2012 –

The issue of government takeover of healthcare isn’t going away. While Chief Justice John Roberts’ opinion on the legality of ObamaCare put limits on Congress’ power to regulate citizens’ activity, it gutted limitations on Congress’ taxing power.

David Rivkin, who led the 26-state case against the U.S. government in Florida’s 11th District Court (whose judge, Roger Vinson, ruled in the plaintiffs’ favor), said that the Supreme Court decision in June was both “excellent and bad.” The Supreme Court ObamaCare ruling is the discussion topic on Thursday, October 4, at Florida International University College of Law.Prof. Elizabeth Foley, a “founding faculty” of the FIU College of Law, will serve as commentator for the event.

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