It is a difficult scenario to imagine, but consider the looks on the faces of the other delegates to the Constitutional Convention in 1787 if one of their number had said, “Gentlemen, I propose that American’s Constitution require all our citizens to buy healthcare insurance.”

We are only imagining, but think what happens next. A deep and stunned silence falls over all participants as they focus their attention on the speaker. So foreign to their overall thought process is this idea, they are bewildered and unable to respond at what appears to them a nonsensical statement.

The one offering it up may as well have said it in the Mongolian language of Cyrillic. Just as suddenly they turn their attention back to reality and continue the difficult work of protecting the liberty of their constituents from the possibility of America ever having a tyrannical government. They could have never guessed that just over two centuries later someone would seriously propose such and idea, a willing Congress would pass it, and a willing chief executive would sign it into law.

Such are the times in which we live. But thankfully, sanity still resides in at least one Virginia courtroom. Monday a federal district judge in Virginia declared a portion of Obamacare unconstitutional. According to The New York Times, the judge said in his 42 page opinion the law’s central requirement that most Americans obtain health insurance exceeds the regulatory authority granted to Congress under the Commerce Clause of the Constitution.

According to The Times, plaintiffs in the case said allowing Obamacare to stand would mean “there are no limits on federal power and that the government could force people to buy American cars” or, as Judge Hudson remarked, “to eat asparagus.”

It may take another two centuries, but if a mandate to buy insurance is allowed to stand, that is exactly what will happen.

— Loné Beasley

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