Thursday, June 28, 2012, was a dark day for the United States of America—a day when American freedom and liberty again came under assault from tyrannical forces determined to “fundamentally transform the United States of America.” For freedom loving people, the Supreme Court’s ruling on the “Affordable Care Act” can only be viewed as an exemplar of “Supreme” judicial activism. I have looked closely at the Supreme Court’s decision since it was announced Thursday morning. Sadly, I can see nothing good coming from this decision. Regardless of one’s position, pro, con, or indifferent on the ACA, the claim that the Act is justified under the Commerce Clause of the Constitution we now see was specious from at least two perspectives: First, it was, and remains unconstitutional on that basis; second, supporters tried to sell it to the people under a false pretense.

After the passage of the ACA, the ensuing litigation produced clear indications of how far progressive, left-leaning judicial activists would go to uphold the law as constitutional; yet, in the end, the claim of constitutionality under the Commerce Clause was rejected by the Supreme Court. But, rather than do what was right and proper in accordance with the Court’s constitutionally allocated powers, the Court itself went too far, taking unto itself powers never intended for the Judicial Branch. To arrive at a decision upholding the constitutionality of the ACA, the Court, resorted to nothing less than linguistic contortionism to “rewrite” the law; thus, the Court changed the very essence of the premise under which Congress passed the bill. In so doing, Chief Justice Roberts “lurched left” compromising his judicial integrity and distorting the role of the Supreme Court in order to concoct a twisted and perverted interpretation of the language in the Act to fabricate rationale supporting a majority opinion upholding the constitutionality of the ACA under the guise of Congressional “taxing authority”.

Ironically, the Administration didn’t use the taxing power argument as it tried to sell the American people on its zealously proclaimed merits of the ACA; nor did Congress claim its ‘’taxing power” as the basis for its authority to pass the bill. Chief Justice Roberts’ actions, and by definition the Court’s action, is blatant usurpation of powers reserved to the Congress; more specifically, to the House of Representatives where all appropriations bills are to be originated.

Congress’ claim of constitutionality for the ACA rested squarely on its claim that the powers assigned to Congress under the Commerce Clause justified the Congress’ passage of the bill. It did not invoke the claim of constitutionality on the basis of its taxing authority; had it done so, it is highly likely that the ACA would never been have passed by Congress in the first place. In fact, the Congress and the Executive Branch both have gone to great lengths to assert that the penalties and fines associated with non-compliance with the mandate were not taxes. A proper decision was surely reached by the dissenting Justices: Alito, Kennedy, Thomas, and Scalia. In this case, these four jurists showed the proper respect for, and correct understanding of, the role of the Supreme Court noting: “…the entire Act before us is invalid in its entirety.” Conversely, the majority opinion could only be supported by legislating from the bench. The actions of the five Justices’ supporting the majority opinion both demean and dishonor the institution of the Supreme Court while continuing the left’s assault on the Constitutional protections our founders intended. Instead of working within the duly constituted powers allotted to the Court, Chief Justice Roberts effectively “rewrote” the law in contravention of the Court’s limited powers, usurping power reserved only to Congress.

On reconsideration, I do believe some good may result from the Court’s ill-conceived majority opinion. The decision may well be the trigger for a voter ‘tsunami’ in November. Preservation of freedom and liberty ultimately rests squarely on “We the People...” If you’re not registered to vote, get registered. If you’ve been sitting on the sidelines, get active. If you haven’t been voting, vote! November will be upon us in a short four months; let’s make certain we exercise the authority vested in each of us— the power to VOTE. Our freedom and liberty is under attack and we must act. Together, and with God’s help, we can prevail. Make no mistake though; the November election is the most important election in our lifetime; it will literally determine the future of our nation.