Monday, December 28, 2009

David Frum: Wrong and insulting on the constitutionality of Obamacare

Hot Air recently headlined a condescending diatribe written by David Frum entitled,  Health reform: Unwise, not unconstitutional.  It begins with this premise:
Is the Obama-Reid health reform plan unconstitutional?

The answer to that should be obvious: the Reid-Obama plan may be unwise, unsound, and unaffordable ... but it is unquestionably constitutional.
I was amazed and angered at the weak arguments put forth by this self-described "conservative."  Today Drew M at Ace of Spades writes a skewering rebuttal that made me smile. Here's a snippet:
Via Hot Air's Headlines, David Frum provides me with a wonderful belated Christmas present...the chance to beat on him.

Our man Frum is back and arguing that objections to ObamaCare (specifically the individual mandate) on constitutional grounds shows what Neanderthals conservatives are. In doing so he demonstrates that he hasn't actually read the Constitution lately or just doesn't understand it. I'm not talking about interpretive differences upon which reasonable people disagree (there are those too) but one big glaring factual error.

Let's see if you can spot it!

DeMint's and Ensign's argument against the constitutionality of the Obama-Reid health reform rests upon the ancient theory of enumerated powers. Under this theory, Congress may do only what the Constitution specifically authorizes Congress to do. Since (for example) the Constitution speaks only of a Supreme Court, Congress has no power to create lower federal courts. Since the Constitution does not mention a national bank, Congress may not charter banks. 
No lower federal courts? How could the founders have been so stupid? Did those idiots think that we'd only need one court? No wonder Frum doesn't see any reason to pay attention to their outdated design. I mean they didn't even provide for lower, one might say 'inferior', courts!

Oh wait, they did. Yep, right there next to that Supreme Court Frum knows so much about. Hell, they even provided for the staffing of those non-existnat courts.

The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Okay, enough of the gotcha stuff. Let's look at Frum's other arguments.
Read the whole thing.

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