Obiter dictum (noun, Latin): An opinion voiced by a judge that has only incidental bearing on the case in question and is therefore not binding.Where There's a William makes a fascinating legal connection between two points brought up here: the finding that Obamacare is unconstitutional by United States District Court of Northern Florida the and the Seventh Circuit's 1982 decision in Bowers v. DeVito that I excerpted as Quote of the Day a couple of days ago.
Will's point is perfectly logical and rational, so of course it must be wrong! I can see the Left screaming that the Bowers declaration that
The Constitution is a charter of negative liberties; it tells the state to let people aloneis merely dicta, and not binding on any court.
Or, as Nancy Pelosi put it, "Are you serious? Are you serious?"
Edited to add:
No less a Constitutional scholar than our President, Barack Obama concurs with the court's interpretation of the Constitution in Bowers: