And the SCOTUS Upholds. . . WE THE PEOPLE!

No one in their right mind would say they didn't get their money's worth in drama last week. The SCOTUS handed down a ruling that was universally loathed on both sides of the aisle, but under the hood this was a finely-tuned engine poised for full power to be unleashed. The people of the United States of America have had the power returned to them if they can seize it.

Benjamin Franklin

It calls to mind the immortal words of Benjamin Franklin, a representative to the original Constitutional Convention. Their deliberations gave us, for perhaps the first time in all history, a republic with the three basic divisions of government, the legislative, executive, and judicial, mutually and completely independent the one from the other, under which it is not possible for any branch of government legally to set up a system by which that branch can first conceive what it wants to do, then make the law ordering its doing, and then itself, judge its own enforcement of its own law, a system that has always brought extortion, oppression, intimidation, tyranny, despotism, a system that every dictator has employed and must employ. May we never unravel those underpinnings.

And when it was done, a questioner asked Benjamin Franklin, the first American, “Well, Doctor, what have we got — a Republic or a Monarchy?” To which Franklin replied, “A Republic, if you can keep it.” In the sweltering record-setting heat (an apt metaphor) of the SCOTUS ruling handed down last week in Washington D.C., Franklin's response still resonates. We know we can keep our Republic, the question looms. . . Will we?

I wrote about us having to take a stand and stop having it both ways some months ago. We are at the inflection point now as never before, thanks to the SCOTUS ruling this week. The hint it was a historic court decision was all the histrionics that followed from both sides. Clearly, the legal victory belonged to the Obama administration. On a 5-4 decision the Affordable Healthcare Act was upheld by the finding that the individual mandate was indeed a tax, it was constitutional and Congress had the full authority to do that. Predictably both sides claimed victory.

The Republicans were delighted on three counts - the Commerce Clause, long abused with its meanings expanded beyond belief for decades was finally curtailed. You cannot mandate activities of the American people for something no one has done yet, the Roberts opinion stated. Medicaid expansion being forced upon the states was also slapped down. And they even found something to like in the Court's definition of the mandate as a tax, not a penalty. They will be able to remind everyone that Obama lied about there being no new taxes here, when in fact (as I stated repeatedly) this represents the largest tax increase to pay for the largest entitlement program in the history of the world.

Senator Mike Lee (R-UT)

The Obama administration, of course, loved the legal victory of the Obamacare law being declared constitutional after all. Senator Mike Lee (R-UT), however, argued it will be a short-lived and hollow victory in the end. Why? Because he believes the American people will rise up in revolt and revulsion over this decision and slap down the legislators who gave us this monstrosity of a law in the middle of the night without one single opposition vote to sustain it. Love the optimism there.

Here's what Chief Justice Roberts did for the nation last week. He actually said something no one had predicted he would say. Everyone in the nation was poised for the ultimate arbiter, the Supreme Court, to finally settle the argument once and for all, and to tell all the children that "father knew best." Instead, here's what John Roberts said that will enshrine him in the pantheon of American jurisprudence forevermore: “It is not our job to protect the people from the consequences of their political choices.” 


Wow! How refreshing is that? This is a restatement of the plan of salvation: Men are free to choose. Free agency, the power to choose, is a gift of God. We are endowed with it by our Creator. In 2 Nephi we read: "Wherefore, the Lord God gave unto man that he should act for himself" (2:16). Further, "Therefore, cheer up your hearts, and remember that ye are free to act for yourselves — to choose the way of everlasting death or the way of eternal life" (10:23). And in modern revelation the Lord said, "Behold, I gave unto him that he should be an agent unto himself" (D&C 29:35).

Joseph Smith

The Prophet Joseph Smith described agency as "that free independence of mind which heaven has so graciously bestowed upon the human family as one of its choicest gifts"(TPJS, 49). The word "free" is also used to describe free agency in this hymn Latter-day Saints have been singing since our first hymn book in 1835:

Know this, that ev'ry soul is free
To choose his life and what he'll be;
For this eternal truth is giv'n
That God will force no man to heav'n.
He'll call, persuade, direct aright,
And bless with wisdom, love and light,
In nameless ways be good and kind,
But never force the human mind.
— Hymns #240

We made a political judgment with our freedom of choice in 2008. The pendulum swung in favor of the Democrats. Both houses of Congress and the White House were swept. No one, even the Supreme Court, was available in the end to change those consequences. John Roberts reminded Americans last week it was time to grow up, take off the training wheels from our wobbly attempts to ride the bicycle of freedom of choice and to stop looking for a savior to fix things. The savior did not emerge in Barack Obama, and Roberts wasn't about to insert himself or his court into that role either. Ultimately, Roberts declared, the power for good or evil is in your hands America. Choose well.

Mitt Romney

Conservatives should be dancing in the streets. Roberts gave us exactly what we believe in - a battle cry for freedom, less top-down, government-and-courts-driven dictum, and actual liberty for the people who can decide (if we will) to elect people to Congress who won't tax us and obligate us to unsustainable spending with debts we cannot pay. The choice, said Roberts, is all yours. And the big winner here, I have to believe, is Mitt Romney. Perhaps never since George Washington has a presidential candidate represented that political philosophy more eloquently and completely.

President Barack Obama

Liberals who believe in a cradle-to-grave entitlement existence under the "parental" control of an empowered tyrannical executive run rampant on individual freedom got exactly what THEY wanted - additional control of another 18% of the GDP - the healthcare industry. They now have the funding mechanism under the taxing authority of the United States government to make their progressive agenda a reality after 100 years of trying. Victory at last! Power to the oppressed! And it's all constitutional. The Constitution was crafted by the people, for the people and of the people. It granted enumerated and limited powers to the government and virtually everything else to the people. When government asserts powers it does not possess and encroaches into our individual freedoms, the only way tyranny can be curtailed is by the people. It may yet be the case that no one in the history of this Republic may be judged in the final analysis to represent tyranny more completely than Barack Obama.

Only the people are empowered to adjudicate the winner of this debate on November 6th.

Chief Justice John Roberts

Roberts just did exactly what the nation could not have foreseen. He has literally handed back to the free people of America a very unpopular piece of legislation (I'm intentionally using restraint here) that was crammed down our throats against the wishes of the majority by a minority suddenly emboldened with the votes to do it. Now, if we really mean it and we are truly unhappy with the results of the election of 2008, we can either fix this aberration (if I'm right and that's all it is) at the polls on November 6th, or if I'm wrong we can live forever with the consequences. It seemed the electorate rose up in the 2010 mid-terms and put a stop to the runaway train by returning control of the House to the Republicans. Will the trend continue in 2012? Victory in the Senate races is paramount.

I am setting aside all the punditry and the loud protestations I've heard from both sides in the aftermath, and I will make this bold declaration: I liked what happened and what I've read in the actual opinions of the justices since the ruling was handed down. I like it because it retrieves accountability for our actions as a free people from the Executive Branch and the Courts. Our elected representatives in the Congress should now be right where they belong, in the cross hairs of every freedom-loving person in America with a ballot in their hands.

I like the idea of having a Mulligan, a chance to re-educate Americans with the reality our policy and process should begin and end with us. It starts with an informed vote, and electing representatives more carefully than ever before, people who will actually represent our collective will in Washington D.C., and will resist the few who represent the minority who would destroy us from within.

So now it's "game on" time. I hope we can throw off the idea that government is somehow the benevolent dictator of our future and the dispenser of our freedoms. The people in Washington are there only because we put them there.

Forget that routinely a minority of the electorate show up to vote. That should and must change if we are to preserve the Republic Benjamin Franklin and the others gave us. They must become our willing minions, not the other way around.

I suspect Roberts knew full well what the risks would be in handing down the majority opinion that the Obamacare law was found constitutional. Too many people will see that headline and continue to quietly go about their lives without further adieu. Factor in the complacency of many who have grown to love the idea of government checks flowing into their mailboxes on a regular basis. That is precisely what Obama and the left will bank on.

The spin has already begun. Astoundingly, what do we hear from the White House after the definition of the word "tax" has been rendered? "It's not a tax." Really? No one has done more damage to their loose familiarity with truth, justice and the American way than this administration. Well, they are transparent to anyone with eyes to see.

Between now and November little will change to measurably improve the anemic economic recovery with which we are saddled because of the policies of this White House. The MSM will continue to remind us of the "victory" in this bill being upheld constitutionally, but in the end the court of pubic opinion will prevail.

In their heart of hearts, surely Americans realize there is no free lunch, no "something for nothing" reality. . . don't they?

I'm not one who is going to bash John Roberts into oblivion. I prefer instead to think he just punted the ball deep in his own territory on fourth down with the game clock expiring and said to the American people, "If you want a touchdown, you now have the final possession and go make it happen."

We may be confused as a people with the cacophony of political rhetoric, but in his case Chief Justice Roberts was clear-eyed and deliberate. We, the people, brought the ball to the game and after the final buzzer sounds we still own the ball regardless of how battered and bloodied it may be.

I'm often wrong on political predictions. I certainly could not have envisioned what Justice Roberts just did. But I do know God is still invested in America, and her destiny will not be denied if the people who sustain her and all her ideals are still alert. Who knows, this loathsome burden on the American taxpayer may not even be the law of the land come January. Already governors are rising up in opposition and refusing to implement its provisions in their states.

If you're still reading, I advise taking the long view here. Resist the desperate voices, tune out the pundits, turn off the TV, instead listen to the quiet whisperings of your soul. John Roberts may have just saved the Republic. . .if you can keep it.

I think we can.