The problem for the left is that they do not have a lot of interaction with conservatives, whose intellects are often disparaged, ideas are openly mocked, and intentions regularly questioned. Conservative ideas rarely make it onto the pages of most middle- and high-brow publications of news and opinion the left frequents. So, liberals regularly find themselves surprised when their ideas face pushback.
I think that is exactly what happened with Obamacare. The attitude of President Obama (a former con law lecturer at the University of Chicago, no less!), Nancy Pelosi, and Harry Reid was very much that they are doing big, important things to help the American people, why wouldn’t that be constitutional? No less an important Democratic leader as the chairman of the House Judiciary Committee cited the (nonexistent) “good and welfare clause” to justify the mandate.
Liberals soon realized after hearing oral arguments this week that arguments actually exist that are against Obamacare--even arguments from conservatives that make some semblance of sense (see Jeffery Toobin's shock and amazement after hearing the justices' critical and tough stances). Many on the Left have accepted the idea that conservatives are either stupid, evil, corrupt, or all of the above for so long that they forgot to make an argument themselves, because in their own minds, no problem concerning these things existed in the first place.
Simply throwing around some vague references to the Preamble's promotion of the General Welfare is not enough to save Obamacare (I am talking to you, Nancy Pelosi). But it's interesting that Solicitor General Verrilli thinks he even needs to do that. I thought the Constitution was a living, breathing document that evolved over time. Why are we still even referencing what those old white men said over two hundred years ago?
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