Here are a few of McCarthy's points that bear repeating...
...The federal government has a few discrete areas of national concern to regulate. The rest belong to the states and the people, to regulate or not as they see fit. In a free society, that means decisions on most matters of community life get made by the community that has to live with them — and pay for them. In a pluralistic society, that means we could have 50 different ways of doing things — meaning that if you find yourself in a state that is foolish enough to mandate the purchase of health insurance subsidized by taxes or penalties, you are free to move to some state that isn’t.
...To the contrary, Romney’s competitors opined that the federal constitution barred states like Massachusetts from imposing an individual mandate as part of an effort to ensure that every citizen in the state was covered. And from there, the putative champions of limited government went haywire. Some want gay marriage banned. Some want abortion banned and criminalized. If you listened to them long enough, it was like listening to Democrats: If I disapprove of it, surely it must be prohibited. If I approve, surely it must be the law.
...I confess to thinking we’ve lost our way. The Framers gave us a federal constitution for a confident, self-determining people — people who could be trusted to make sensible choices, to govern themselves through legislation rather than be strait-jacketed in the uncompromising logic of law.
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