The “laboratories of democracy,” the states, are all conducting the same experiment now, an experiment imposed on them by an overreaching federal government.
Seeking to restore balance between themselves and the federal government, the states are beginning to assert their sovereignty. A prime example is the states’ rebellion against ObamaCare. In suits that are destined for the Supreme Court, some 20 states are suing the federal government over the constitutionality of ObamaCare and the Commonwealth of Virginia has filed a separate suit. That more than 40 percent of the states immediately filed suit against ObamaCare is a strong indication that the linchpin of the system, the “individual mandate,” could never stand on its own as a constitutional amendment.
Polls consistently showed that the People didn’t want ObamaCare. Yet, Congress forced it on them anyway. If the Supreme Court rules unwisely in the upcoming cases, what is left for the People and the states to do? Civil disobedience? Secession? What?
One action that should be taken is this: Any justice who votes to uphold ObamaCare or who votes not to hear the cases should be impeached and removed. Congress should take this extreme measure because the “individual mandate” goes to the very heart of what it means to be an American citizen, altering the relationship between the government and the individual. Such fundamental change must only come about through amendment, not legislation. Any justice who fails to see this is not fit to sit on the Court.
“High crimes and misdemeanors” are whatever Congress says they are. Sitting on the High Court while disrespecting the Constitution would seem to be a “high crime.” (Thomas Sowell recently addressed judicial imperialism: “The time is long overdue to stop treating judges like sacred cows.”)
Of course, impeaching and removing Supreme Court justices will take a rather different Congress than the ones we’ve endured for so long. The People will have to repopulate Congress with constitutionalists. On November 2, the voters made a good start at that.
The incoming Congress ran on a pledge to “repeal and replace” ObamaCare. But they may have to wait until the voters replace Obama before they can replace ObamaCare, as Obama can still veto. The better way to strike down ObamaCare is by a Supreme Court decision, because that could enshrine the limits of federal power and clarify the reach of the Commerce Clause. If the Court were to err, however, another means of redress is the Article V convention to amend the Constitution. (Some conservatives fear Article V. Philip Klein’s informative article “Is It Time for a Convention?” at The American Spectator might allay their fears.)