Stop Defending Roberts

I’m not a constitutional scholar. There’s your disclaimer. But, the idea that Chief Justice John Roberts has helped the conservative/libertarian/constitutional cause by limiting Congress’ Commerce Clause power by making the Affordable Care Act’s (ACA) individual mandate constitutional under the taxing power is getting silly. Many conservative pundits have tried to calm the waters among grassroots conservatives and libertarians by saying that, although the ruling was a blow to our expectations, there is a silver lining. To say that the “police” powers of the Commerce Clause were staunched and all we have to do, thankfully and almost easily in their minds, is to fight these taxing powers at the ballot box. This makes me think that “experts” really don’t know, nor understand, what it’s like to be a “non-expert”.

If one is to remark about the broad police powers of the government, what should and often does come to mind? Taxation. The taxing power of the government is one of the most onerous, awesome and frightening powers the government has. Think about it: the massive combined federal, state, and local governments command us to pay a certain amount of money to them to support their operation (I’m not going to argue about the Social Contract or other fundamental things). This is usually based on what you and I do. If you work, you pay an income tax. If you invest, you pay taxes on profits and/or losses. Hell, even when you die, your family pays a tax on your estate (dying is doing something). What is this command to pay backed by? Violence. Guns. Threats. Loss of Freedom. Loss of property. The various levels of government have untold resources to compel its citizens to pay their share. How much more powerful of a policing power can there be?

Just because Roberts did not use the Commerce Clause to uphold the ACA, does not mean we’re any better off. The taxing power seems just as, if not more, scary to me.