Courts Rebuke White House Abuses of Power

[From article]
There are much bigger issues here than the one upon which King and the other two cases that have received judgments were fought. One of these other issues is the growing lawlessness of the executive branch -- the president seems to think he’s a law unto himself. On July 7, Red State reported that the Court had delivered twenty unanimous rebukes against the Obama administration for actions smacking of rank overreach. The IRS regulation in question is another case of an imperial president ignoring duly enacted laws and inventing his own out of whole cloth. And now the president threatens to continue down this road with an executive action on amnesty for illegal aliens.
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Another issue that may sound a bit precious to those who aren’t offended by an imperial presidency is the integrity of The Law. Not only is ObamaCare bad policy and bad economics and bad for our health, it is bad law. The government’s lawyers are even reduced to defending ObamaCare by citing its ambiguity. If our laws are unclear on central points, like financing, then Congress should clarify them, not the Court, and certainly not the executive.
The incoherence of ObamaCare was made worse by the Court itself when it allowed the law to stand in NFIB v. Sebelius. It was a fine victory for fans of limited government when the Court ruled that Congress could not command individuals to purchase health insurance. But what we’re left with is a Congress that can tax us for not doing what it has no power to command us to do.
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The text of ObamaCare shows 91 instances of “State shall,” and 24 additional instances if pluralized. One wonders what the crafters of the bill were thinking when they included that language: Congress cannot make demands of the States to effectuate a federal program. So, all those instances of “State shall” are dead code. If the feds tried to bring the States to heel by suing them for not complying with “State shall,” it would be a fool’s errand. “Dual sovereignty,” both federal and state, still applies in America.
[. . .]
Cato Institute’s Michael Cannon applauded the Court and then wrote:
Since January, the Obama administration has been spending billions of unauthorized federal dollars, and subjecting nearly 60 million Americans to unauthorized taxes, all to hide the full cost of the Patient Protection and Affordable Care Act, or ObamaCare. The administration’s actions have not only violated the law and caused massive economic disruption, they have also subverted the democratic process.
[. . .]
The Court rightly found that Congress has no authority under the Commerce Clause to command individuals to engage in commerce by forcing them to buy health insurance. Consequently, all those references in ObamaCare to “interstate commerce,” the original justification for the mandate, are dead code.

http://www.americanthinker.com/articles/2014/11/obamacare_if_the_wine_is_sour_throw_it_out.html

November 17, 2014
ObamaCare: 'If the Wine Is Sour, Throw It Out'
By Jon N. Hall