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Thursday, December 16, 2010

postheadericon The individual mandate is unconstitutional (Sen. Orrin Hatch)

Judge Henry Hudson’s ruling striking down Obamacare’s individual insurance mandate shows what a year and a few constitutional principles can accomplish. A year ago, liberal politicians and pundits scoffed at the mere suggestion that there was anything the federal government could not do. Today, Judge Hudson is only the first federal judge to say that, yes, the Constitution sets real limits on Congress.

Liberty requires limits on government, limits that government itself does not control. Congress’ authority to pass legislation, for example, must come from at least one of the powers listed in Article I of the Constitution. Those powers, however, do not mean whatever Congress wants them to mean. Our liberty requires that the Constitution control Congress, not the other way around.

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