By Brion McClanahan | July 2, 2012 | Tenth Amendment Center
The Obamacare Decision and State Sovereignty
In 1823, Thomas Jefferson wrote that “this case of Marbury and Madison is continually cited by bench and bar, as if it were settled law, without any animadversion on its being merely anobiter dissertation of the Chief Justice [John Marshall].” Jefferson was pointing out a fact – that Supreme Court decisions are nothing more than the politically motivated constitutional ruminations of politically appointed justices.
This is why several members of the Philadelphia Convention in 1787, most notably John Dickinson of Delaware, worried over the possibility of so-called “judicial review,” and why the John Roberts majority decision in the “Obamacare” debacle is no different than the 1803 decision of Marbury v. Madison, or any other from the Marshall Court.
Unfortunately, the political leanings of the Supreme Court justices have made Roberts and Anthony Kennedythe most important members on the bench. They are the swing votes between the “liberal” and “conservative” wings of the Court. As a result, Americans understand that the so-called independency of the judges is a mirage. That would have Founding Father and Supreme Court Justice John Rutledge squirming, for he considered the independence of the judiciary to be the most important safeguard in forcing compliance with its decisions.
Igor Curcio heads a team of researchers at the 
Every single year, Americans take the day off on July 4th and they celebrate everything that is good about America. We tend to be very proud of our achievements and we generally are not shy about talking about them. For example, today CNN is running a piece entitled “
John Malcolm 