The stupid, it burns!

The signature accomplishment of Barack Obama’s administration is on the line. To strike down the Affordable Care Act, the court would have to announce that mandatory insurance coverage is, quite literally, beyond the power of the government.

In economic terms, that would mean saying that universal health care in the U.S. can’t be achieved except through a single-payer system administered entirely by the government, which in political terms seems essentially impossible. If the mandatory coverage provision goes, so does the whole program.

So what?

We could have a nearly-crime-free society if you had to submit to a search every morning and evening, with a camera in your bedroom hooked directly to the NSA.  Terrorism risk would be near-nil, there would be no guns and no crime except that which you committed with your bare hands. 

We could catalog every instance of a baseball bat or 5-iron and if you didn't use them for legitimate purpose (e.g. playing baseball or golf) at least once a month, off with your head!

It gets worse, of course.  The very name "insurance" is a fraud in this bill and among those discussing it.  This is not an attempt to provide insurance (a pool of risk against infrequent but ruinously expensive events) but rather it is an attempt to provide health assurance (a guarantee of outcomes.)

That too is a fraud and doomed to fail; we are not only all genetically unique, and therefore will have disparate health outcomes as a function of things we cannot control but we're also unique individuals in our decision making as well.  Some of us will choose to sit on our asses and stuff our faces, others will choose to jog every day, and still others will choose to be triathletes.  Some of us will choose celibacy, others monogamous personal relationships and still others will choose to screw anything that walks.  Some of us will smoke, others will drink alcohol. Some will skydive, others scuba dive.  All of these choices will have an impact on health outcomes -- some for the good, others not so good.

It is inherent in our Constitutional Republic that these outcomes are a matter of personal right -- unalienable rights in point of fact.  Attempting to level the outcomes is not only impossible, it's unconstitutional.

There is nothing in the Constitution allowing the Federal government to mandate commerce.  Should this law be allowed to stand then the most-ridiculous down to the most-sublime becomes permissible.  There is no longer a 4th Amendment or 5th for that matter as your right to property has already been surrendered through the health law, as has your right to be secure in your person -- medical records are about as sensitive as it gets, and suddenly it's all the property of the government.

Obamacare is not so much about health care as it is about whether the Constitution still has meaning.  All administrations of the left and right over the last three decades have used it as toilet paper, but now comes Obama through the government and submits that Congress has the power to literally destroy what little recognition remains of unalienable rights.

Whatever the Supremes decide, of course, will not change whether unalienable rights exist.  By their very nature no government or judge can remove them -- they do exist. 

However, should The Supremes decide that the Constitution is just an inconvenient piece of paper and a vestige of days gone by instead of the foundation of this nation, which is what a ruling upholding Obamacare would constitute, then the gang of nine will eventually be forced to stand trial in a much higher tribunal when, not if, public recognition of unalienable rights clashes with what the Supremes have done and this nation is once again are forced to revisit the days of 1776.

May providence guide both the Supremes and America away from that cataclysm.