When Dissent Failed

David DeGerolamo

While the nation has been focused on the Supreme Court’s decision on healthcare, we have neglected to read the dissenting opinion by Justice Scalia on this case. Here is a portion of the dissent written by Judge Scalia concerning healthcare:

The dissent claims that we “fail to explain why the individual mandate threatens our constitutional order.” But we have done so. It threatens that order because it gives such an expansive meaning to the Commerce Clause that all private conduct (including failure to act) becomes subject to federal control, effectively destroying the Constitution’s division of governmental powers. Thus the dissent, on the theories proposed for the validity of the Mandate, would alter the accepted constitutional relation between the individual and the National Government.

Three points for consideration:

1. The legislation threatens our constitutional order.

2. The relationship between the individual and government has been altered.

3. The “dissent” phrasing shows that the dissenting opinion became the majority opinion at some point after the case was decided.

The following highlights from the original majority decision (which at some point became the minority decision) proves that healthcare is illegal under the Constitution. Once the Supreme Court failed to uphold the Constitution (the highest law of the land), this branch of government has abrogated its responsibility to the nation. Since the president announced his intentions to bypass Congress in his 2012 State of the Union address, the executive branch also has abandoned the Constitution.

At some point we have to see reality: the government has abandoned the Constitution and we are living in a country where the rule of law is dictated by the political whims of vain and aspiring men.

Highlights from Justice Scalia’s dissenting opinion on healthcare is at NCRenegade.

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