Obamacare and the Federalist Papers

Patrick Jakeway at the American Thinker looks at Obamacare through the eyes of the Founding Fathers, but taking a look at the Federalist Papers:

Concerning Article 1, Section 8(3) of the Constitution that “Congress shall have the power to regulate Commerce with foreign nations, and among the several States, and with the Indian tribes,” Alexander Hamilton wrote in Federalist 17:

“The administration of private justice between the citizens of the same state; the supervision of agriculture, and of other concerns of a similar nature; all those things, in short, which are proper to be provided for by local legislation, can never be desirable cares of a general jurisdiction.”


(Note: if a transaction between a doctor and patient is not local and therefore subject to local and not general jurisdiction, like buying produce from a farmer, then I don’t know what is. Article I, Section 8 was clearly focused on regulating commerce with foreign nations, eliminating multiple currencies within the states and removing inter-state tariffs in place during the Articles of Confederation. The Founding Fathers are turning in the graves at this massive intrusion into individual liberty.)

Last but not least Alexander Hamilton wrote in Federalist 16 something very profound considering the situation we find ourselves in:

“The success of it [an illegal usurpation of authority] would require not only a factious majority in the legislature, but the concurrence of the courts of justice, and of the body of the people. If the judges were not embarked in a conspiracy with the legislature, they would pronounce the resolutions of such a majority to be contrary to the supreme law of the land, unconstitutional and void. If the people were not tainted with the spirit of their state representatives, they, as the natural guardians of the constitution, would throw their weight into the national scale, and give it a decided preponderancy in the contest.”


The Founding Fathers defined the citizens as the natural guardians of the Constitution. Ultimately, it comes down to us.

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