in defense of Obamacare that “Congress can regulate conduct of individuals if the ‘class of activities,’ ‘taken in the aggregate,” affects interstate commerce. Under current legal precedent, they are right. That is why our Constitutional liberties have been rapidly eroding for the past 80 years. And that is why Liberty Legal Foundation filed the Obamacare Class Action (OCA).
Our goal through the OCA is to use the Obama Administration’s own arguments against them to restore Constitutional limits on Congress. The passage of Obamacare illustrates that no Constitutional limits remain on Congress. Under current legal precedent, what we eat, whether we exercise, how much sun we get, how often we drive… Every behavior of every American is now within Congress’ scope of authority to regulate, prohibit, mandate, and fine.
This legal precedent can not be resolved with the clear meaning of the Constitution. Our Obamacare Class Action gives us the opportunity to make these arguments in Federal Court, eventually before the Supreme Court, so that this Constitution killing precedent can be overturned. Without overturning this precedent, we can only expect to see intrusive and burdensome Federal legislation continue.
By specifically arguing that legal precedent that allows Congress to regulate activities clearly left to States and Individuals in the Constitution and must be overturned
The plaintiffs responded to the government’s demand that the case be dismissed by explaining under the ill-written “Wickard,”
How can Obamacare help restore the Constitution?Before 1942 we needed a Constitutional amendment to regulate a drug. Now we have Federal regulations for everything plausibly associated with “health”. What happened?
In 1942 the Supreme Court overturned 150 years of Constitutional rulings and granted unlimited Congressional authority by re-interpreting the Commerce Clause. Since the Wickard v. Filburn decision 70 years ago, the power of Congress has grown exponentially. However, the passage of Obamacare gives us standing to legally challenge the 1942 Wickard v. Filburn decision. Liberty Legal Foundation is seeking to overturn Wickard so that Congress returns to its pre-1942 Constitutional limits.
Wickard v. Filburn essentially allows any interaction that could possibly affect interstate commerce to fall under the regulatory control of Congress. In the case of Obamacare, the government argues that our individual decision whether or not to buy health insurance, and what health insurance we buy, comes under the complete control of Congress. Under Wickard v. Filburn, the government is right.
If you want Congress to return to its Constitutional limits, join us in asking the court to overturn Wickard by becoming a member of the Obamacare Class Action today!
