Dan Lee, ethicist, waxing columnist, conscience of the Dispatch and Argus, the arbiter between conservatives and liberals (to be correct just agree with his brand of liberalism ) the tertium quid kid (a tiresome schtick, and one he doesn’t perform well), the gray monger of the wannabe Gray Lady, has informed us of what is right with America . . it is personified by Chief Justice John Roberts.
That’s right, John Roberts, of the “they can’t make you buy broccoli under the Commerce Clause . . . but they can tax you if you don’t” school of constitutional limitation (now, definitively, without limitation). By Roberts & Lee’s standard, the Court now also has the mandate, indeed the obligation to turn politically untenable matters into fait accompli by the Court’s own positivist efforts, regardless of the predilections of the law making branch and distinctions they choose to make.
We have moved quickly into the Alice in Wonderland world of passing legislation first, so we can find out what is in it ( as per Nancy Pelosi’s admonition) already a spin on Wonderland’s “verdict first, trial later,” to the Court’s own rendition, “you pass it and we will tell you what is in it”
Now Professor Lee never let us in on the extent of his views or anticipation for Roberts as the personification of “what is right with America” before. But now we know. Justices are to free to reinvent legislation actually circumventing what the political process would have achieved. The conspiracy is now institutionalized against the people. The court is telling Congress . . . you make legislation politically palatable with whatever folderol you want, we will take your gutless BS and rework it to a functional result, reworking the constitution as need be.
Congress with the “we got your back” courts now has unlimited taxing authority (actually unlimited BS authority) to avoid limits on what it wants to do. Robert’s is telling Congress, just call anything you want to do a tax, and it is OK with the Constitution, or don’t, and we will make it OK by doing that for you after you get it by your rube constituents by calling it whatever floats the political boat.
Professor Lee, if you are serious about limits to government, if you support the idea of a constitutional republic, if you have respect for a constitution that was intended to put limits on the national government, find someone else for your man-crush.
