Ron Paul: Founders Would Be Horrified by Pro-Obamacare Legislators

by Ron Paul

Last week President Obama made some rather shocking comments at a press conference regarding the Supreme Court’s deliberation on the constitutionality of the Patient Protection and Affordable Care Act, or Obamacare. His comments belie a grasp of constitutional concepts so lacking that perhaps the University of Chicago Law School should offer a refund to any students “taught” constitutional law by then-Professor Obama!

He said, “Ultimately, I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.” It almost sounds as if he believes the test of constitutionally is whether a majority approves of the bill, as opposed to whether the legislation lies within one of the express powers of the federal government. In fact, the very design of the Constitution, with power split amongst two branches of the legislature which write the laws, an executive who administers the laws, and an independent judiciary which resolves disputes regarding meaning of the laws, was designed to thwart popular will and preserve liberty.

President Obama continued in his comments, “For years, what we’ve heard is the biggest problem on the bench was judicial activism or a lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law. Well, there’s a good example, and I’m pretty confident that this court will recognize that and not take that step.”

President Obama seems to misunderstand that the criticism of an activist judiciary is not that it is overturning unconstitutional federal laws, but instead that it is usurping the authority to intervene in areas, such as abortion, where the Constitution reserves authority to the states. In fact, upholding clearly unconstitutional laws such as Obamacare because the justices bowed to the “will of the people” or believed the individual mandate was good social policy could be considered an example of judicial activism.

The founders never intended the judiciary to have the last word on whether or not a law is constitutional. The judiciary is equal to the Congress and the President, not superior. Representatives, senators, presidents, and judges all have an independent duty to determine a law’s constitutionality. The founders would be horrified by the attitude of many lawmakers that they can pass whatever laws they want and federal judges will then determine whether or not the law is constitutional.

Additionally, state governments have the authority to protect their citizens from federal laws that threaten liberty. If the Supreme Court rules that Obamacare is constitutional, I hope state legislators will exercise their powers to pass legislation allowing their citizens to opt-out of the national health care plan.

Unfortunately, even many of my colleagues who correctly argue Obamacare’s unconstitutionality support the President when he asserts the power to send troops into battle without a declaration of war, or have citizens indefinitely detained and even assassinated on little more than his own authority. Other of my colleagues not only cheer the unconstitutional monstrosity of Obamacare, but support the President’s actions to defy the Senate’s appointment powers, and legislate by executive order.

Even worse, some members will only challenge a President’s unconstitutional actions if the President is from a different political party. The defeat of Obamacare in the courts would provide a stark reminder that the limits of government are set by the Constitution, not the will of the President, Congress, or even the Supreme Court. However, the victory would be short lived as long as the legislative branch refuses to do its duty to abide by the Constitutional limits and exercises its powers to ensure the other two branches do likewise.


  • um… fuck you,

  • NO , it’s not personal! RP supportwers are concerned for the country because we are aware of the bull shit business as usuall games that RP has agknowledged his awareness of as well and that his record is solid!! not like all the rest. He is not backed by banker lobyists or war profit special interest. Believe it or not, we care about the idiots who talk shit about us. It is NOT personal!!!

  • That does NOT sound ,at all, like something Jeferson would even speak of. BUT health care, its self, is not the issue. It is the mandate that is the issue. It is immoral for a gov. to, force, by law, citezens to purchase a service. wait a min. Why am I replying to a username that is just a long number? are you a real person?

  • the founders would be horrified to see a nigger in the presidency as well
    when the wrote the people they meant only whites, sorry liberals but thats the truth
    once ron paul gets in office i really hope he would keep the white house a nigger free zone
    hes probably the only republican candidate who gets it on race

  • Not to disagree with you at all, but I think it’s a question of their voting for their man i.e. Ron Paul and his forward looking ‘adventurism’, …. not of playing team politics anymore. These Ron Paul supporters are actually excited by their own ‘individual’ choice of candidate, whether he wins or not. Call it a protest vote, call it lunacy, call it whatever you like, they will not give up THEIR choice, and they feel empowered once more as a result. For them, it’s personal !!

  • I do understand the founders are very important, but you can’t just take their ideas as absolute (they weren’t gods!). You have to understand the historical context in which they arose! Now, suppose they were against it – isn’t it bigottry to go against their will (prohibition of slavery e.q.), but proclaim the importance of taking them literally in another? People in 1900 were against women’s right to vote… how do you know you are not just controlled by the (backwardish) spirit of your time?

  • what do you mean ”we” ? I didn’t vote for any of that stuff. Are you saying you did? and now regret it? No . obviously not. of course not, so don’t call them we. It’s insulting to us.

  • You are a fucking idiot. The government does all that, and if you blame the people, then Dr. Paul will NEVER get the nomination.

  • actually thomas jefferson proposed state funding of education and health in virginia whilst governor. I’m sure the founders would be proud to see universal health care.

  • i already know all of that. I never said anything that could imply that i have any love for the gov’t, dumbass, & you said I was assuming?! You have obviously, missed RPs message by miles & miles. Why don’t you go live in the woods , away from society, until your ideal utopian world finally developed. But as for now… fuck off w/ your holier than though rebuttals.

  • While they would cease to exist without government to instate them, that doesn’t mean monopolies would go with them. Without a government to make businesses play nice with each other and with the customers, eventually monopolies would form and the customers would be price gouged because there is no competition to keep prices low. Also, what’s stopping these monopolies from extorting people to buy their product or service?

  • There is no power to overturn a law.
    The Congress can refuse to fund it.
    The Executive can refuse to enforce it.
    The Judiciary can refuse to convict based upon it.
    That’s all.

  • When it comes to Ron Paul…ANY other vote IS a wasted vote. Sorry you’re not awake to what WE the People need right now. Sad…very sad.

  • john Wayne and the Pledge of Allegiance/ youtube

  • And this history lesson is supposed to make me soften my stance on further intrusion of citizen’s
    right’s how? like I said, fair is fair. And the cheating, stealing Goverments constant dictating on how Americans should live is blatantly wrong and one sided, no matter how you or the dishonest media try’s to word it. wrong wrong wrong. If america’s real matto is tyranny and dictatorship? why all the Pledge of Allegiance and democracy mumbo jumbo when i was a child? failing in grade school.

  • Anyone who stands in their way.

  • The answer? No I DO NOT believe in the USA. We murder millions of people, in the false name of peace. We are the biggest terrorists (economic or military) this world has ever seen. Fuck America.. I dont even Dr. Paul can save our atrocious nation. Fuck this murderous nation.

  • Who are the terrorist?

  • yeah…. they are for the “terrorist” right? lol

  • I love my poppop and he is fatally ill but dr paul is a close second