Here's Clinton appointee Stanley Marcus' dissent on the ObamaCare individual mandate.
Circuit Judge Stanley Marcus dissented in the Georgia federal appeals court. He called the views of the states and the two other judges approaching the case “wooden, formalistic, and myopic.” Marcus wrote that Congress has long regulated health insurance and regulated parts of the system, including prescription drugs and the cost of health care through setting Medicare prices.
“The majority has ignored many years of Commerce Clause doctrine developed by the Supreme Court,” Marcus wrote.
Translation: We've been pissing on the Constitution so long that it no longer means anything at all, and Congress can do absolutely anything it wants.
If that argument wins, we are no longer a Constitutional republic but a winner-takes-all totalitarian farce of a democracy.