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Liberty’s Obamacare Challenge Provides Glimmer of Hope

metytryer Wrote: Mar 12, 2013 8:57 PM
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In 1919, back when the United States was a constitutional republic, Congress passed a child labor law imposing a 10 percent excise tax on companies that violated it.

A North Carolina furniture maker challenged the law and won. In 1922, the Supreme Court ruled in Bailey v. Drexel Furniture that although child labor laws have a noble purpose, the means – Congress using taxing power as a penalty – was unconstitutional.

This was before Franklin Roosevelt’s court-packing threat in1937 ended the Supreme Court’s resistance to grandiose expansions of federal power. The child labor issue, by the way, was...