I came upon some excellent insights into possible reasons behind Chief Justice John Roberts majority decision on Obamacare. If accurate, the call he wishes to go out to the people of this nation is as clear as it can be.
“The Constitution, the chief justice notes, clearly gives the Congress the power to tax and spend. The ultimate constraint on that power, however, is not the federal judiciary but the people’s moral and political judgments. The chief justice thereby suggests that if ‘we, the people of the United States,’ do not like the way the Congress taxes and spends, it is not only our prerogative but our responsibility to do something about it by electing new representatives who will tax and spend differently.”
“…. the Roberts opinion is that the days of contempt-for-Congress-in-general linked to approval-of-my-member-of-Congress-in-particular (a widespread phenomenon, according to many polls) have to end. If “my member” is party to a power grab by the federal government over one-sixth of the U.S. economy, and if I disapprove of that on fiscal grounds, constitutional grounds, public-policy grounds, moral grounds, some of the above, or all of the above, then my duty is to help elect someone else, no matter how good “my member” is at delivering the Social Security check on time or straightening out my IRS problems, and no matter what party my grandparents habitually voted for. Thus the chief justice’s bluntly phrased reminder that “it is not [the Court’s] job to protect the people from the consequences of their political choices,” far from being a dodge of judicial responsibility, ought to be read, according to thesensus plenior, as a summons to a new national political maturity—a recognition that voting is not a glandular exercise but an exercise in moral and political judgment.”
“There has been a tacit sense, these past few years, that the choice before the American people in November 2012 is a choice between the path taken by a dying Europe and a different path to 21st-century societies of freedom and justice. That tacit sense of what is at stake on November 6, in terms of both the presidential and the congressional contests, is made explicit by the sensus plenior of the Roberts opinion. My constitutional and legal betters convince me that the chief justice may well have gotten it wrong on the constitutionality of the individual mandate. But he seems to have gotten many of the larger questions right. In doing so, he has made it unmistakably clear that if the American people think that Obamacare—its vast expansion of governmental power, its threat to the integrity of the healing professions, the manifest dangers it poses to religious freedom, liberty, and the right to life—is bad public policy, they have it in their power to do something about it, as mature citizens of a mature democracy” (by George Weigel, Distinguished Senior Fellow of Washington’s Ethics and Public Policy Center)