The past week was not a good one for those who care about personal liberty and restraining the expanding power of the federal government. Chief Justice John Roberts’ perplexing and contradictory opinion upholding ObamaCare was a discouraging blow to those who had assumed the Court would uphold its responsibility to defend the Constitution. However, as Americans prepare to celebrate the birthday of our republic, it is an appropriate moment to remember that while the battle to preserve our freedoms requires constant vigilance, it is not a fight that is anywhere close to being conclusively lost. The genius of our framers was that they designed a political system which was set up to frustrate the efforts of those who would attempt radical political departures from the values that are dear to Americans. Though ObamaCare will be a critical step in the wrong direction, the final answer belongs not to the Court, but to the people.
In the past two years, there has been a remarkable revival of a constituency dedicated to defending the cause of individual freedom. Though the Tea Party has been subjected to unprecedented abuse, it helped change the nature of the national conversation about the entire spectrum of topics dealing with the power of government. In a separate though not unrelated battle, the Catholic Church and its friends have, when confronted with intolerable intrusions into its liberty of conscience, spoken up and actively resisted the imposition of the HHS Mandate that would force it to fund activities that contradict the teachings of their faith. Rather than acquiesce to restrictions on religious freedom, people of faith are refusing to knuckle under the dictates of the federal government.
All of this reminds us that while democracy may be a difficult and often frustrating system of government, it is not a spectator sport.