Obama's Constitutional Vision: Unlimited Federal Power

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As the world awaits the Supreme Court's ruling on ObamaCare, there's a larger story that the pundits are missing: the court's rejection of the Obama administration's increasingly extreme claims on behalf of unlimited federal power.

This term alone, the high court has ruled unanimously against the government on religious liberty, criminal procedure and property rights. When the administration can't get even a single one of the liberal justices to agree with it in these unrelated areas of the law, that's a sign there's something wrong with its constitutional vision.

Let's take these cases in order:

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More recently, the Justice Department has been suing states over voter-ID laws. Attorney General Eric Holder makes speeches claiming these laws herald the return of Jim Crow. Never mind that the Supreme Court has found them to satisfy the Voting Rights Act and the Constitution, most recently by 6-3 in Crawford v. Marion County Election Board (2008), where plaintiffs claimed that needing a photo-ID placed an undue burden on their right to vote.

The government's arguments across a wide variety of cases would essentially allow Congress and the executive branch to do whatever they wanted without meaningful constitutional restraint. This view is at odds with another unanimous Supreme Court decision, Bond v. United States (2011). Bond vindicated a criminal defendant's right to challenge the use of federal power to prosecute her. As Justice Kennedy wrote, "[F]ederalism protects the liberty of the individual from arbitrary power. When government acts in excess of its lawful powers, that liberty is at stake."

If the government loses in the health-care or immigration cases, it won't be because its lawyers had a bad day in court or because the justices ruled based on their political preferences. It will be because the Obama administration continues to make legal arguments that don't pass the smell test.

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