SCOTUScare – more carefully the Government Cares

The Supreme Court pushed out and away the partisan political quagmire and provided a Constitutional affirmation in the separation of powers in the US governmental process today. Their ruling today as an interpretation as to the Intent of Congress on the Affordable Care Act. They presented the Citizens of the US with a supreme vision of the triple powers of the different branches laid out by the Founding Fathers in the Constitution.

So often in the the 1700s there were worries of the powers of the newly formed Federal Government. Today these miss-givings and worries continued after nearly two and one-third centuries of operation.

the judicial power of the United States will lean strongly in favor of the general government, and will give such an explanation to the Constitution as will favor the extension of its jurisdiction

The judicial are not only to decide questions arising upon the meaning of the Constitution in law but also in equity. By this they are empowered to explain the spirit of it, without being confined to words or letter.

the judges will be interested to extend the power of the courts

When the courts have a precedent before them of a court which extended its jurisdiction in opposition to an act of the legislature, is it not to be expected that they will extend theirs

So explained “BRUTUS No. 11” January 31, 1788 in the New-York Journal and Weekly Register (commonly thought to be Robert Yates New York Supreme Court Chief Justice) robertyates

The Supreme Court of the United States today decided the equity of the The Patient Protection and Affordable Care Act. The courts had a precedent before them in opposition to an act of the legislature. Yet they did not oppose it along political leanings as Brutus so worried those two centuries ago.

They provide as the founding fathers so wished. They provide an interpretation of meaning (an equity) that was lacking in the words of the law. They found a remedy to the inflexibility of words alone in the law even though there are more than 381 thousand of them. The action was the very essence of the written Constitution founding the federal judiciary.

There has not been such a issue like this act that has divided this country in such a manner since possibly the issues leading to civil war, itself. Yet it is as if the founding fathers reached out from years ago and made the preamble to guide us through.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

promote the general Welfare… secure the Blessing of Liberty to ourselves and our Posterity

Despite the dissenting opinion of the minority court that hung on ever word in a literal sense. The minority ranted against the majority opinion that there was not intent or equity, they found only the words without equity.

Yet, all those who lived during the debate and cheered the passage of the act know so much differently, the intent of the bill. The intent was to promote the general Welfare of the Free People of these United States of America. The intent was to free the common citizen from the shackles of medical insurance slavery. To replace the taxing of property and personal income with an equitable sharing of the costs and provide for the ability of the sick to seek proper medical care regardless of the start of their malady without discrimination.

Thank the Founding Fathers for allowing the Majority Court the power to hold tight the tiller in the storm. And thank you Majority Court for contradicting the fears of Brutus No. 11 and by the equity you have provide for the Common American.


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