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We Deserved This

I was hesitant to criticize Chief Justice Roberts yesterday. I believe him to be a man of utmost integrity, and a brilliant legal scholar.  I was thrilled when he was appointed to our nation’s highest Court … though I admit, for me, yesterday was not easy.

As I’ve tried to digest the ruling, beginning with our own show yesterday morning and then sifting through column after blog after talk show after tweet for the remainder of the day, I have finally come to a conclusion that I’m at peace with:

We deserved this.

For appointing a moderate nominee in 2008 in an attempt to “win the independent vote,” we deserved this.

For our increasing abandonment of social conservatives who were among the most passionate of our base, we deserved this.

For compromising time after time after time legislatively, we deserved this.

I know it. You know it. Chief Justice Roberts knows it, too.

Aren’t we the party that vehemently speaks out against judicial activism? The Affordable Care Act was passed because people put Democrats in office to pass it, and more important, didn’t support putting enough competent conservatives in office to stop it.

The result? Obamacare. (It really is that simple.)

I’m not interested in any more bailouts. Not on Wall Street. Not on Main Street. And not from Chief Justice Roberts.

If you want to rid our nation of this job-killing, freedom-thwarting legislation, do it at the ballot box. Do it with your dollars, your tweets, and your phone calls. Channel the passion and energy that has delivered stunning conservative victories in Republican primaries this election cycle. Pull up video of Governor Scott Walker and his supporters — daily  … and take notes until the pen runs dry.

The President won’t be able to sell this legislation to the American people in its new form. Prior to today, I was quite certain that his reelection was inevitable. This is truly the first time I’ve felt hopeful about Mitt Romney’s chances.

So, thank Justice Roberts for ruling that the mandate, relative to the Commerce Clause, was unconstitutional. This was the clearest and most dramatic rejection of Congress’ use of the Commerce Clause for economic regulation in forty years. In this day-and-age of progressivism, there is no telling what liberty-crushing hazards down the road we have avoided. As Jonah Goldberg writes, Justice Roberts has forever “poisoned the well of the Commerce Clause for liberals.”

Thank Justice Roberts for recognizing the sovereignty of the states by not allowing the federal government to tamper with Medicaid funding. Conservatives have seemed to skip right over the monumental significance of this. (Let’s just see how many states participate in Obamacare now that there’s no fear of Federal penalty for opting out.)

Thank Justice Roberts for essentially stripping the President, for the remainder of this election cycle, of his ability to use Supreme Court nominations as a political issue.

And most important, thank Justice Roberts for forcing the President to come clean to the American people, and to call this legislation what it really is – an enormous tax on the middle class.  Do not ignore the enormity of this gift. Also, consider this: voting against a massive tax on the young and middle America will be much more politically potent than voting to defend the Constitution. (Many Americans have no idea what the latter means.)

But, whatever you do … don’t blame Justice Roberts that the President’s signature legislation still exists.

We deserved this.

But, take heart … it’s always darkest before the dawn.

____

Thanks for reading.

COMMENTS

  • aesthete

    In no universe are people who fight tooth and nail getting a government that they deserve when they have large amounts of their paycheck extracted to fund an apparatus which, more and more, is about denying us from exercising our liberties and less and less about protecting us from legitimate threats.

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  • funwithknives

    …and an AMEN!

  • Common_Cents

    Sadly, the current GOP establishment is too weak, we need to help them by getting involved. It’s even fun to do so meeting with other like minded people in your community.

    We have the numbers if we circle the wagons. Nobody needs to be a lone ranger.

  • WmCraig

    First, I am not sure we are responsible for nominating moderates. The nomination process cannot be controlled unless we have closed elections and in too many place that is not the case.

    I applaud your call for action. We elected enough Republicans to have taken away the funding of Obama Care two years ago. Even if it meant the shutting down of the government. Many of us believe that shutting down the government, after the initial economic impact would actually be a good thing. They can’t spend us into oblivion sitting on the side lines. And without spending there is no power. The half a loaf is better than none syndrome would limit the length of time government people would be willing to stand on principle and do nothing.

    We must demand action from our representatives, not just success at the poles. And we need the ability to hold them accountable.

    And of course, We need a majority in the fall.

  • clearasday

    to protect and defend the Constitution. I’m totally mystified by those who buy into this notion that striking down an unconstitutional law was not his responsibility, and then go on to use the most tortured logic to rationalize his failure to protect the American people at a critical moment in history.

    I will not thank CJ Roberts for his ridiculous decision. I will instead extend my gratitude to the courageous Justices Alito, Kennedy, Scalia and Thomas.

    Frankly, I’m offended by your statement “We deserved this.” The blame belongs on the heads of those who stand with their hands out and expect the government to do everything for them. It belongs on people who do not educate themselves or their children to have a deep and abiding understanding of our founding principles and the true morality of limited government and individual liberty for all. It belongs on the heads of those who fail to demand fidelity to the Constitution with passion and energy, never allowing any breech to go unchallenged and corrected in timely manner.

    And I reserve my greatest scorn for those who, given the honor and privilege of serving in the highest offices of the land, who have their hands closest, indeed directly on the engines of power, then shirk from their solemn duty to uphold the Constitution. They are just as culpable as those who openly defy it. And by the way, the Constitution is what is actually written, not what 70+ years of Progressive court precedent and congressional activism says it is.

    No, we should not calm down, be quiet and go sit in a corner. Our nation’s leaders must hear us roar. They must get our message, loud and clear, and understand that we expect action. No more delays and procrastination. The stakes are too high.

  • 1stRichard

    One of the concerns for my State was that this law was not democratically enacted, Governor Deval Patrick’s enactment article II of amendment 48, The Referendum, II, declaring an emergency to enact the law allowing for an interim senator to fill a vacant U.S. Senate seat had stolen our vote. Many other States lost their vote as well, the verbiage here should be the GOP not fighting when and where it counts and this has consequences, we should not be here.

    Although I was only one of many to fight against impossible odds we held our ground and fought, we got to work, we fought a war that said could not be won, but we did, Brown 41 won, we finally showed how we wanted the vote. So what has the GOP done since other then compromise and whining?

    We, the Tea Party do not deserve this

  • http://markdavis.660amtheanswer.com/ Producer Susan Cloud

    Thank you for your thoughtful response.

  • acat

    Regarding the diary, I can see “We deserved this” … as applied to the 30% of evanglicals who aren’t registered to vote, or the mushy middle who vote for reasons that have nothing to do with policy or platform (had an aunt who voted for “all the irish-sounding ones” .. and was proud of this feat) or who have decided to “throw the bums out!” without first questioning which ones are, in fact, bums.

    “We deserved this” also works as a rebuke to those who put their hope in the courts. The nine have let us down as often as they’ve saved our bacon… trusting them to “do the right thing” is a gamble at best.

    For me, though .. “We deserved this” works as a reminder that this is not a fight that ever really ends .. we can’t declare victory and go home, we won’t get closure by the end of the episode. C’est la vie.

    Mew

  • runner12

    NT

  • 6eorge Jetson

    So our Central Govt can’t impose a “mandate”, but it can impose a “head tax” and then exempt anyone that falls in line with the desired behavior.

    If it quacks like a duck, swims like a duck, flies like a duck…

    The role of the Constitution as a protector of a government of limited, enumerated powers was in a sickly condition prior to the Roberts decision, in danger of Death from 1,000 Cuts. But Roberts just cut the head off (unless this precedent gets reversed).

    Now ANYTHING in the political domain can be mapped to the Properly Constitutional range of precedent (for those able to speak in code). The only limitation on issues in the political domain is whether they can be guided through the political function into Political Passage range of our Cenral Government. There are no Constitutional limits.

    Remember that Chamberlain was praised for the words he extracted in the Munich Agreement. But it turned out that the words behind “Peace in Our Time” didn’t carry much value beyond the paper they were written on.

  • otis1

    We allowed our schools and media to be occupied by AYERS AMERICA LEFTISTS for decades,that indoctrinated those of us who are not PRO-AMERICAN/CONSERVATIVE/CONSTITUTIONAL IN NATURE.If not for Reagan,I who voted for Carter the “cool progressive” the first time allowed to vote,I doubt I would have been captivated by the preservation of America.

    I would like to believe that ROBERTS was trying to save our CONSTITUTION for 2012,but this is the same court makeup that would not even hear the GM BONDHOLDER’S CASE,and allowed their investments to be dealt out to the UAW that killed GM, and CHINA who bought 10% of GM at first reoffering. Besides,ROBERTS was recommended by the BUSH’S,who are notorious for trusting LEFTIES in Conservatives clothing???

  • Flagstaff

    not with us.

    The best news we could get someday is that Roberts sold us out because his family had been threatened by 6eorge Soros. At least, then his decision would be understandable.

  • runner12

    CBS news reported a story today that further confirms that we should not be thanking CJ Roberts for anything. According to their inside sources, Roberts was on the side of the Conservatives and prepared to strike down O Care. In early June, he switched sides ( after the offensive on the SC by Obama $ Co. ). According the sources, the Conservative Justices, led by Kennedy pleaded with him to come back to their side. Roberts refused.

    This explains why Kennedy was shooting daggers at him during the reading of opinions. It appears that the initial rumors were true (which I had hoped were false). Roberts cared more about the MSM’s opinion of the SC than the Constitution.

  • http://hughcpeconjrs.blogspot.com/ hughpecon

    http://hughcpeconjrs.blogspot.com/2012/06/tocqueville-warned-us-about-170-years.html

  • http://hughcpeconjrs.blogspot.com/ hughpecon

    In a recent Washington Times editorial….”Can U.S. state laws be overturned because foreign governments don’t like them? According to the Supreme Court, The answer is yes.”
    This is just unbelievable. The constitution and the very nature of constitutional government based on the consent of the governed, compels judges not to give foreign law any binding authority or persuasive consideration in the U.S. legal system. So once again the SCOTUS gets it wrong.
    Judges MUST take the constitution seriously and follow it faithfully. If they don’t that should raise a legitimate inquiry about a sitting judge.

  • shadowbear12

    Do We Deserve This? If the group “we” means Americans or Republicans, I agree. It is hard to argue that Republicans are any less guilty than Democrats for wanting to ignore the clear constitutional restrictions on the power of the Federal government. They have only differed in what they want their big central government to do. Regarding Americans, for at least the 50 plus years I have been around, the majority have not demonstrated any understanding of enumerated powers or constitutional republic at all, let alone any concern for what is going on. Consequently, now the definition of enumerated powers in our living constitution has shifted to only one power: complete power to do whatever they want as long as somebody can rationalize how it is good for the children.

    However I do know of people who are living their lives without government dependence and with an appreciation of the original intent. They react and adapt to the constant nonsense that comes down from on high, but they keep the faith and go on. I like to imagine I am one of them, that I can claim being part of that “We”. In any case the group of people who appreciate what America was originally intended to be and have tried to actually live it out in their own lives do not deserve what they are getting. Given their nature though, they are not crying for somebody to do something about it for them though. They continue to press on and if eventually somehow enough people join them, they will handily defeat the best the collectivists can bring on.

  • http://markdavis.660amtheanswer.com/ Producer Susan Cloud

    … why can’t I find diary entries from you?

  • http://markdavis.660amtheanswer.com/ Producer Susan Cloud

    … and I shared it on Twitter. Thank you!