Michael Tanner writes in the National Review, Conservatives and the Courts Striking down Obamacare would not be judicial “activism.”, 4/4/12.

Excerpt:

But as George Will notes, “Truly conservative conservatives take their bearings from the proposition that government’s primary purpose is not to organize the fulfillment of majority preferences but to protect preexisting rights of the individual — basically, liberty. . . . This obligatory engagement with the Constitution’s text and logic supersedes any obligation to be deferential toward the actions of government merely because they reflect popular sovereignty.”

It would indeed be proper for the Court to strike down Obamacare. That would be exactly the sort of principled, active judiciary that the Founding Fathers envisioned in order to secure our liberties and limit the power of government. It is an “activism” that we should welcome.


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