RAND PAUL: The Supreme Court Doesn't Get To Decide What's Constitutional

Rand Paul

Photo: Creative Commons Flickr User Gage Skidmore

There has been no shortage of conservative outrage over the Supreme Court’s decision to uphold President Obama’s healthcare reform law today. But few have taken it as far as Kentucky Senator Rand Paul, a Tea Party darling and presumptive heir to the Ron Paul throne. In a statement responding to the court’s ruling, Paul summarily dismissed both the decision and the court itself, and even voiced doubts about whether or not the Supreme Court justices have the authority to rule on the Constitution. 

Here’s his statement: 

“Just because a couple of people on the Supreme Court declare something to be ‘constitutional’ does not make it so,” Paul said in the statement. “The whole thing remains unconstitutional. While the court may have erroneously come to the conclusion that the law is allowable, it certainly does nothing to make this mandate or government takeover of our health care right.” 

“Obamacare is wrong for Americans. It will destroy our health care system. This now means we fight every hour, every day until November to elect a new President and a new Senate to repeal Obamacare,” he continued.  

The elder Paul was similarly dissatisfied with the ruling, although he stopped short of questioning the role of the judiciary and the balance of power. 

Here’s Congressman Paul’s statement: 

“I strongly disagree with today’s decision by the Supreme Court, but I am not surprised.  The Court has a dismal record when it comes to protecting liberty against unconstitutional excesses by Congress.    

“Today we should remember that virtually everything government does is a ‘mandate.’  The issue is not whether Congress can compel commerce by forcing you to buy insurance, or simply compel you to pay a tax if you don’t.  The issue is that this compulsion implies the use of government force against those who refuse.  The fundamental hallmark of a free society should be the rejection of force.  In a free society, therefore, individuals could opt out of “Obamacare” without paying a government tribute.

“Those of us in Congress who believe in individual liberty must work tirelessly to repeal this national health care law and reduce federal involvement in healthcare generally.  Obamacare can only increase third party interference in the doctor-patient relationship, increase costs, and reduce the quality of care.  Only free market medicine can restore the critical independence of doctors, reduce costs through real competition and price sensitivity, and eliminate enormous paperwork burdens.  Americans will opt out of Obamacare with or without Congress, but we can seize the opportunity today by crafting the legal framework to allow them to do so.”

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