The following is how a unanimous Supreme Court should have ruled with regard to the Affordable Care Act (Obamacare).
The issue before this court is whether the Affordable Care Act passed by Congress in 2010 is constitutional. Specifically, does the Congress have the power to legislate medical care or medical care insurance coverage? This Court finds that it does not.
The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
And in fact, nothing in Article 1 Section 8 of the Constitution can be construed to mean that Congress has any power to legislate medicine, medical care, or the insurance coverage thereof.
Now, some will claim that Congress retains powers not enumerated in the Constitution. In the first place, why then did the authors enumerate any powers at all in the Constitution? Secondly, how can the meaning of the Tenth Amendment be ignored? There is no ambiguity as to the meaning of, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” James Madison in Federalist Paper 45 again, “The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.” Thus, the power to legislate health care, like marriage, education, driving licenses, and other “objects of the ordinary course of affairs” resides with state governments, not the federal government, in our system of governance.
But, even that explanation of enumerated powers does not satisfy those who are voracious in their hunger to do good and enact measures at the federal level of government that will take care of us from cradle to grave. It is not the job of this Court or really any court to determine the social worthiness of legislation. The job of the courts is to determine the law, decide constitutionality, and dispense justice by protecting rights.