Natelson makes a fascinating argument in his essay, "Is ObamaCare Constitutional?" (www.tenthamendmentcenter.com/2009/08/18/is-obamacare-constitutional), using the Court's Roe v. Wade ruling in 1973. In Roe, he writes, the court struck down state abortion laws that "intruded into the doctor-patient relationship. But the intrusion invalidated in Roe was insignificant compared to the massive intervention contemplated by schemes such as HB3200. 'Global budgeting' and 'single-payer' plans go even further, and seem clearly to violate the Supreme Court's Substantive Due Process rules."
Constitutional Attorney John Whitehead, president of The Rutherford Institute, tells me, "Although the states surrendered many of their powers to the new federal government, they retained a residuary and inviolable sovereignty that is reflected throughout the Constitution's text. The Framers rejected the concept of a central government that would act upon and through the States, and instead designed a system in which the State and federal governments would exercise concurrent authority over the people. The Court's jurisprudence makes clear that the federal government may not compel the states to enact or administer a federal regulatory program."
Lawyers are busy writing language only they can understand which seeks to circumvent the intentions of the Founders. But it will be difficult to circumvent the last four words of the Tenth Amendment, which state unambiguously where ultimate power lies: "...or to the people."
Americans who believe their government should not be a giant ATM, dispensing money and benefits to people who have not earned them, and who want their country returned to its founding principles, must now exercise that power before it is taken from them. The Tenth Amendment is one place to begin. The streets are another. It worked for the Left.
Cal Thomas is co-author (with Bob Beckel) of the book, "Common Ground: How to Stop the Partisan War That is Destroying America".
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