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Judge Vinson: The Constitution Still Matters!

calendar-icon Created on: February 3rd, 2011, Last Modified on: February 3rd, 2011
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The recent ruling by federal judge Roger Vinson striking down ObamaCare is unfortunately rare in modern day America.  Bemoaned by deranged leftists as “judicial activism run amok”, this ruling is anything but.

The brilliant 78-page ruling is replete with Constitutional citations, references to the Federalist papers, and quotes from the Founding Fathers. Beyond that – Judge Vinson gives great lessons in the principles of federalism, enumerated powers, and states’ rights. He cites tons of substantive precedent, reaching clear back to the earliest days of the federal courts.

He even throws a bone to the tea party movement by referencing the original Tea Party of 1773!

“It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place.”

Basically, this is the way a federal court ruling is SUPPOSED to read! Compare this to recent rulings that are based on feelings, platitudes, fabricated “rights”, and concerns about international laws. Beyond this, the case itself was brought about the correct way as more than half the states in the nation banded together to challenge this enormous federal power grab. (The states could have gone directly to the Supreme Court, however it will end up there anyway).

Unfortunately the fate of the federal healthcare disaster law will lie in the purview of nine justices of the Supreme Court – three of which border on marxist, one who should recuse herself, three who are conservative, and one who is a question mark. Fortunately, the U.S. House of Representatives can withhold funding and the states can refuse to uphold it regardless of the SCOTUS outcome.

Roger Vinson’s ruling should held up as canon in every law school in the United States and enshrined in federal courts around the country. This Reagan appointee is an example of the proper and constitutional functioning of  federal judiciary, versus the judicial activism of the recent few decades where the federal courts have created “law” out of thin air.

According to at least one federal judge, the Constitution still matters! Let us pray for more judges like Roger Vinson to permeate our nation, and more citizens to understand the importance of strict construction judges.

The dignity and stability of government in all its branches, the morals of the people, and every blessing of society depend so much upon an upright and skillful administration of justice, that the judicial power ought to be distinct from both the legislative and executive, and independent upon both, that so it may be a check upon both, and both should be checks upon that.

John Adams
1776

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