Don’t mistake constitutionalism for judicial activism

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Now that two different federal courts have declared ObamaCare unconstitutional, the administration’s answer is to call the courts guilty of “judicial activism.” President Obama has a rhetorical solution for every problem. Remember the repeated claims of “shovel-ready” projects that needed only federal stimulus money to get started? Last year the President quietly admitted that there were not many “shovel-ready” projects, after all.

But the phrase served its political purpose at the time– and that was obviously all that mattered. Now, in the wake of rulings by two different courts that ObamaCare is unconstitutional, rhetoric is being mobilized again, without any fussy worries about facts.

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