James W. MacMeekin III

James W. MacMeekin III, of Winter Haven, Fla., is an author with five books to his credit, including “Lincoln Laughing.” (lincolnlaughing.com).
His latest book is “Destination Germany: The Combat Missions of Lt. Col. Charles A. Felts (USAF) (Ret.), His Crew, the 787th Bomb Squadron and Fellow Airmen.” A Korean War-era veteran of the U.S. Air Force, MacMeekin is a former investment manager and educator. He can be reached by e-mail at jameswmacmeekin @yahoo.com.

 

 

Read his Obamacare opinion; Justice Roberts isn’t sleeping with the enemy

Tuesday, July 17, 2012

By JAMES W. MacMEEKIN III

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First, Roberts could have and was expected to join the four other conservative justices and their unanimous decision to declare the act’s entire 2,700 pages unconstitutional.

It has been said Roberts was playing chess when his colleagues were playing checkers. The analogy is correct. If Roberts had joined his ideological colleagues, the Republicans would have breathed a sigh of collective relief, content with a premature victory. Progressives then would be required to ramp up massive attempts to control the outcome of the Nov. 6, 2012, general election.

If, however, Roberts would join the court’s liberal faction — as he did — Republicans would go completely apoplectic — as they have — and now be required to redouble their pre-election efforts, both financial as well as political. President Barack Obama, meanwhile, now must defend the largest tax increase in U.S. history! That's not smart. That's bloody brilliant!

But, Roberts didn't stop there. He then redefined the disastrous use of the so-called “Commerce Clause,” carefully limiting what can and will be constitutionally allowed in future case applications. If Roberts were a rogue conservative, would he have dramatically reinstated the actual intent of the Commerce Clause? No Supreme Court in history has been able to accomplish that task! Good grief, sports fans, what’s not to understand?

Then, in an effort to identify the reasons for his decision to join the high court’s liberal sect, he wrote, “ ... it wasn’t because the health care law was good policy but, because there wasn’t a constitutional reason to invalidate the individual (health insurance) mandate.” Roberts continued, “Because the individual mandate in the health care law qualifies as a tax, the Constitution permits such a tax. It is not our role to forbid it, or to pass upon its wisdom or fairness.”

“We possess,” the chief justice continued, “neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.”

Can it be any clearer? Justice Roberts didn’t have to use these words in his decision. No liberal would have shut the Commerce Clause door from additional progressive mischief. His words were written on purpose. He’s telling Republicans, “I've energized you. Now, vote these progressives out of existence.”

Not even the progressives have picked up on Roberts’ words, thrust into the laps of his conservative brethren. But, that’s understandable.

Justice Roberts likely will never clarify his words or actions — except, perhaps, in his memoirs. But, for those who have and continue to berate this man, not knowing the constitutional and political gift given to a United States on the brink of socio-communist control, I say this: Get on your knees and thank the good Lord above for that gift.

Justice Roberts might have just saved the United States of America.

Single handedly.

 

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