After Virginia and Florida have filed suits challenging the constitutionality of the Health Care bill, I thought it was timely to reprint a post I wrote back in November.
It really irks me that Conservatives have suddenly discovered the doctrine of enumerated powers, now that the Federal Government is about to impose a huge Liberal agenda.
The same powers Congress will use to justify Obamacare authorize all federal drug laws.
If you think that health care is not interstate commerce, then growing marijuana plants in your backyard is certainly not interstate commerce. See Gonzales v. Raich.
With the exception of drugs that are actually transported interstate, banning the possession of narcotics is no less “interstate commerce” than mandating health care. State drug laws are constitutionally fine.
Conservatives like drug laws, but are opposed to health care mandates. I would like consistency from the Right, but I doubt it is possible.
Today, Leader Boehner said:
“By signing this bill, President Obama is abandoning our founding principle that government governs best when it governs closest to the people.”
I suppose the GOP will soon come out in favor of repealing the Controlled Substances Act. I’m not too optimistic.