A Great Week for LibertyBy Mark Alexander Â· Thursday, December 16, 2010
Chalk one up for the Bill of Rights, and raise a cup of tea!
"The powers delegated by the proposed Constitution to the federal government are few and defined." --James Madison in Federalist No. 45
The legacy of American Liberty enjoys eight dates of recognition every year, some better known that others. We begin with Patriots' Day in April, then Armed Forces Day and Memorial Day in May, Independence Day in July, Constitution Day in September and Veterans Day in November. This week, we celebrate the last two Liberty anniversaries -- the Bill of Rights ratification on Wednesday and the Boston Tea Party on Thursday.
Thus, it is notable that, in this same week, there was a rare victory in the federal courts upholding Liberty and Rule of Law1 enshrined in our Constitution and its Bill of Rights.
For many decades, the courts have been dominated by leftist jurists who subscribe to the errant notion of a "living constitution2." These judges, who now populate what Thomas Jefferson predicted would become the "despotic branch," have amended by way of judicial diktat that venerable document beyond all recognition. Occasionally, however, a judge who takes his oath literally to "support and defend3" our Constitution will rise above the robed despots and decide in favor of Rule of Law.
On Monday, U.S District Court Judge Henry Hudson ruled4 that one of the key provisions in President Obama's 2,700-page health care law "exceeds the constitutional boundaries of congressional power."
A year ago, U.S. Sen. Jim DeMint (R-SC) raised a Constitutional Point of Order on the Senate floor as ObamaCare was being debated: "Forcing every American to purchase a product is absolutely inconsistent with our Constitution and the freedoms our Founding Fathers hoped to protect," he said, adding, "This is not Liberty, it is tyranny of good intentions by elites in Washington who think they can plan our lives better than we can." (Or as Jefferson put it originally: "Were we directed from Washington when to sow, and when to reap, we should soon want bread.")
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