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Now that the legal mumbo jumbo is outta the way...

Friday, March 12, 2010

Un-Constitutionality of Health Care Take Over by the Federal Government

We have sweetheart deals, arm twisting and possible job offers from the White House for a yes vote, the President delaying his Australian visit to help Rahm this through.

We also have every poll showing Americans are against this legislation.

Regardless of where you are on this issue, is it constitutional to begin with? First argument out of the box is the oft abused commerce clause, general welfare or taxing & spending, but this is an excellent write up by CNS News:

The Commerce Clause, which allows the federal government to regulate interstate commerce, does not apply to the health care bill, “because there is no interstate commerce when private citizens do not purchase health insurance,” The Conservative Action Project said. The Commerce Clause covers only those matters where citizens engage in voluntary economic activity.

“Government can only regulate economic action; it cannot coerce action on the part of private citizens who do not wish to participate in commerce,” the conservative group said.

Nor is the bill’s individual mandate authorized under the General Welfare Clause., which applies only to congressional spending. “It applies to money going out from the government; it does not confer or concern any government power to take in money, such as would happen with the individual mandate. Therefore the mandate is outside the scope of the General Welfare Clause.”

And finally, the Conservative Action Project says the individual mandate is not authorized under the Taxing and Spending Clause or Income Tax. The Constitution only allows certain types of taxation from the federal government, and the health care bill does fall in those categories.

Don't even go to the stupid auto insurance argument. If you don't have a car you are NOT forced to buy insurance.

I also usually hear some crap about "well then I guess social security is un-constitutional too". Actually, YES it is! The only way that was passed, FDR increased the number of court justices so he could pad it with buddies who would vote his way. He got a lot of legislation and entitlement programs through by CHEATING!

The biggest danger of this legislation is not just the establishment of yet another budget killing entitlement program as we all keep concentrating on. That by itself would be reason enough to be concerned.

No this is far more important and insidious. It is a direct assault on the 10th amendment. Nullification of states rights. Our republic was set up to have power begin with the people, THEN the states, THEN the Federal government. We have allowed ourselves to become complacent and have GIVEN AWAY our power.

Virginia today passed the American Legislative Exchange Council's Freedom of Choice in Health Care Act, a state constitutional amendment that protects individuals, employers, and health care providers from being forced to participate in any health care system and preserves individuals' right to pay directly for care.

There are 37 other states with similar pending legislation. This is a big NO to the Federal mandate.

People, this should have been the rallying cry from the very beginning!!!!!!!! Why were we wasting time talking about money for abortions, single payer, exchanges, costs, etc., when the ENTIRE premise is flawed!!!! NOW, senators are starting to wake up. Hmmmm, just in time to get re-elected?

Tea Party lawyers are getting prepared to take this to court. We will be watching this.

Don't give me any crap about falling prey to the multi-billion dollar special interests of the insurance companies. They have nothing to do with this.

If we continue to let Washington run over the states rights, we'll either loose all our rights and there will be no difference living in Texas versus New York. OR, we will have another Civil war.

We were originally These United States of America. That is important. Without these distinctions to separate one from another, preserving their rights, then we will only exist as one entity, until that entity is absorbed into the next entity. There is already talk of a North American Union similar to the EU.

At what point is it ok to lose our identity. The hell with health care. This is a fight for our existance.


butt skrewdriver neckid said...

okay....I guess the stay in the horsepital had some effect on your gray matter....too close to the xray machine or the giant magnet???

CONSTITUTION????? really????

okay you're on meds and it's late...and I got lotsa 'tater squeezin's inside me....we'll talk later.....

com'n dear....

J Cooper said...

I may be wrong,I'm sure Butt will let me know,but the Constitutionality of this bill is the least thing on BOBO's mind!!

BTW,didn't the doctor tell BOBO to lay off the tater squeezin's.

butt 86 neckid said...

we don't serve his (bobo) kind here.....

off the reservation said...

I think that it was "These United States" before the War of Northern Aggression and "The United States" afterwards. The question was solved through use of force.

Texas has a legal pathway to secession. Unfortunately, "The United States" would resort to force to solve the problem.

When it comes to social legislation, the Democrat Party has always resorted to tricks, force, and unlawful tactics. The final outcome may actually come down to the first actual Civil War this country has ever known. (The aggressive action, 1860-1865, was not a struggle of one faction over another to control the federal government; therefore, it was not a civil war.)

Constitutionality does not concern ObamaRahmaDingDong. They do not act like players concerned about legality. Obama has admitted numerous times through his so-called "flawed" nature of the Constitution theory, that he does not believe in it. Thus, he will do whatever he needs to do to destroy it and enslave this country under a new central socialist government. So far, it is looking more and more like a Fascist regime.

Well, now I need to get back to my reloads. Done 1,500 so far.

off the reservation said...

Did anyone catch that National DNA registry for Obama? Anyone arrested, take their DNA.

The thing that makes DNA insidious is that it goes well beyond finger printing. With finger printing, everything is tied to a single person. Really cannot go beyond that. Cannot tie one person to another. Cannot "detemine" a person's makeup from a finger print.

When DNA is thrown in the mix all sorts of tracking can be done through all sorts of relationships. And let us not forget the advances in recognizing traits from gene splices. A person gets arrested, that person just happens to show a splice that might be a tendency for more anger than the average person, start new federal tracking protocols to keep a tab on the whereabouts of subject.

Couple that with a National ID card and National Health Care. How soon before the federal government determines that some people make good kidney donors???? Mr. X, you are 70 years old. You have had a good life. Someone could use your kidney so we will not really go to the effort to keep you alive any longer.

off the reservation said...

Only in the Democrat Party

Vote for Obama's HellScare without voting for it? Only a Democrat, a liberal, could come up with such contemptuous behavior before our US Constitution.

This is outright dishonesty toward the people of this nation.

Only tyrants and traitors pull tricks in the dead of night. Only tyrants and traitors make a mockery of the rule law. The Democrats and Liberals demand everyone should obey THEIR rule of law, but it does not pertain to them.

This is the dictatorship taking over our country. The Civil War is coming. The war to take back the nation from mob rule. The liberal believes in mob rule over the rights and freedoms of individuals. Democracy is the tool of the stupid. Democracy stamps out the liberties and freedoms of a just society. Robespierre would be proud.

Is it not surreal how Robespierre ruled through the Committee of Public Safety and now the stupid masses are demanding for the subrogation of our rights and freedoms in the name of Public Safety. Just like Robespierre, Obama will ensure that heads roll. I wonder if Obama remembers how Robespierre met his end? What folly that any man would believe that a government with absolute power can be absolutely just in its governing.

off the reservation said...

Wonder where everyone went?

I am packing up to head back out to the Pahayokee early O-dark-30. I guess you guys are hunkerin down or something. Is there a tactical nuke I should know about?

tshirt doctor said...

The Commerce Clause means what ever they want it to mean. i can remember a story about some man who raised hay to feed his horse. we he was fined because he didn't buy hay from some business.

butt doomsday neckid said...

it's coming......nuttin' you can do about it......when you get it you won't like it.....there is no way to change it.........


Auntie Em/Libertarian Woman said...

Oh we know Obama and company has no respect for the constitution, but that does not matter. If the supreme court rules against him, he will have to act accordingly. Now, that "act" may not be pretty. Either way, the lines will be drawn.

And yes don't you just love the threat of using the "Slaughter" rule? Guess what? It's not the first time it has been used.

Basically, they can vote separately on "issues" and then declare or "deem" the bill to have been passed. Allows Democrat worms to tell their constituents "I didn't vote for the bill" and they think we are all too stupid to know the difference.

And as I said earlier, it has been used before. BY THE REPUBLICANS AND DEMOCRATS ALIKE.

I've never heard of it before, they use it under cover of night, like most of their deals these days. We are learning more and more about what has been considered "normal activity" by our representatives.

Congressional reform is greatly needed. Appointment of Senators MUST be returned to state legislatures. Term limits on all positions.

There is a new audio tape of Chuck Schumer from a progressive meeting in the last few days where he says there is a rule that each Congress can re-write their rules at the beginning of each session.

This will be their next method of attack.

We can't allow manipulating of the law by either party. It has to stop.

butt (_?_) neckid said...

stop it????......

okay smarty pants......HOW???


butt (_E=mc2_) neckid said...

and to say not the answer!!!!!!!

butt full o'?'s neckid said...

and now to use that tired ol' come a batch of "new" citizens.....the folks previously know as.......ILLEGAL ALIENS......

now how you gonna stop THAT???????

butt waitin' neckid said...

what????? huh????? can't heeeer you.........

Auntie Em/Libertarian Woman said...

We can only slay one monster at a time...

The illegal alien reform should not be as difficult BUT I am expecting more violence during that. The ROSA people and others are very loud in their protests. The thing that might clinch it are the drive by shootings of American consulate workers recently. If that can't be brought under control, no one is going to vote for open borders.