Yesterday my wife and I sat down to watch this video clip on reason.tv, Randy Barnett: Losing Obamacare While Preserving the Constitution. Since Randy was one of the leaders in the constitutional challenge to Obamacare, I read several of his legal criticisms and was curious what he had to say about the decision. He is by definition one of the original sources of the legal challenge to Obamacare. In the interview Randy talks at length about the libertarian view of the Constitution. I learned that my political leanings can be described as more of a constitutional libertarian than a traditional conservative. I remain skeptical about the big government decision making process. I do not have a problem with government occasionally making a bad decision but it seems too easy for big government decision makers to make really big, bad decisions. This remains a fuzzy definition since it is so difficult to define what a conservative, liberal, and a libertarian view is anymore. Here is one of the highlights of the interview.
Barnett argues that the chief justice “substituted a less dangerous tax power for a far more dangerous Commerce Clause power." Had the Supreme Court accepted the government’s theory of the Commerce Clause, Barnett explains, Congress would have had the power "to do anything it wants with respect to the economy."