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Rand Paul Speech Declares Obamacare Unconstitutional

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Sen. Rand Paul (R-Ky.) gave a speech Wednesday night at the Republican convention.
Sen. Rand Paul (R-Ky.) gave a speech Wednesday night at the Republican convention.

TAMPA, Fla. -- Sen. Rand Paul said in his prime time convention speech Wednesday night that despite the criticism he took for saying so, he still thinks President Barack Obama's health care reform is unconstitutional.

"Just because a couple people on the Supreme Court declare something to be ‘constitutional’ does not make it so," the Kentucky politician said after the court's June ruling. "The whole thing remains unconstitutional." He quickly took fire for undermining the legitimacy of the court.

On Wednesday, Paul said he stood by his statement. "When the Supreme Court upheld Obamacare, the first words out of my mouth were: I still think it is unconstitutional! The leftwing blogs were merciless. Even my wife said -- can't you please count to 10 before you speak? So, I've had time now to count to 10 and, you know what -- I still think it's unconstitutional!"

Paul argued that Supreme Court justices Antonin Scalia and Clarence Thomas hold the same opinion he does. "Do you think Justice Scalia and Justice Thomas have changed their minds? I think if James Madison, himself -- the father of the Constitution -- were here today he would agree with me: the whole damn thing is still unconstitutional!"

Paul's insistence on the law's unconstitutionality calls to mind former Supreme Court Justice Robert Jackson's aphorism: "We are not final because we are infallible, but we are infallible only because we are final."

The only way to repeal it now, said Paul, is to elect Mitt Romney. "This debate is not new and it's not over. Hamilton and Madison fought from the beginning about how government would be limited by the enumerated powers. Madison was unequivocal. The powers of the federal government are few and defined. The power to tax and spend is restricted by the enumerated powers. So, how do we fix this travesty of justice? There’s only one option left," he said. "We have to have a new president!"

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