Tuesday, December 15, 2009

Obamacare and the Constitution.

This health care battle is not to just defeat socialism, the destruction of the greatest health care system in the world, and to defend freedom at all costs. This battle is also about the United States Constitution, and whether we as a Nation will follow the words of freedom, small government, and Individualism.

The United States Constitution is specific, it details the freedoms the government must protect at all costs, and leaves all other rights to the various states in the land, and the people of the United States, while at the same including the rules of governing for the United States, a perfect balance.

Article 1, Section 8 of the United States Constitution has a detailed list of what the United States Congress has Constitutional authority over, and absent from the list, is government run health care, along with the lacking of authority to mandate the American populace to purchase something or else be sent to jail.

The tenth amendment of the United States Constitution is specific about who controls the powers not delegated to the federal government, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the states respectively, or to the people.", notice it does include Congress, the Executive branch, or congressional Democrats.

Besides for the facts, that the proposed health care plans will raise taxes, push the destruction of Capitalism, give the government more control, install a health care system which does not work, provide for taxpayer funded abortions, jail Americans who just want their freedom, raise costs, add trillions more to the national debt, allow illegal immigrants to receive health care, provides for millions of Americans to receive something they have no right to (health insurance), pushes individual freedom and personal responsibility down the toilet, and will lead to lower survival rates, fewer doctors, and rationing, all Democratic legislation proposed is against the Constitution.

In the end, just one document counts, the United States Constitution. It is about time, we focus more on what it declares, instead of what proponents of government health care demand.

If this legislation does pass, I hope Conservative lawyers across the Nation will launch lawsuits against the legislation, reach the United States Supreme Court, and the Justices will rule the legislation as unconstitutional. If that does not happen, America is over, once and for all.


IanMc said...

Great post. We have to fight for and defend our freedom and our Constitution. ObamaCare is a direct attack on both.

B. Johnson said...

Great points about the very limited powers of the federal government evidenced by Article I, Section 8!

What Constitution-impaired DC Democrats are wrongly doing is this, IMO. They are unthinkingly carrying on the Constitution-ignoring federal spending policies of constitutional flunky FDR. FDR ultimately got his way by nominating eight pro-big federal government, outcome-driven justices.

FDR's justices wrongly ignored state sovereignty when deciding cases which challenged federal taxation and spending programs based on constitutionally nonexistent federal government powers. The justices typically decided related cases in Congress's favor by ignoring Article V and the 10th Amendment while perverting the general welfare and commerce clauses, these latter clauses in Article I, Section 8.

But FDR's corrupt, state sovereignty-ignoring justices might have done their dirty work a little bit late. Please consider the following.

Getting back to state powers to regulate healthcare, note that the USSC had already confirmed that Congress has no business sticking its big nose into the medical practice.

“Direct control of medical practice in the states is obviously beyond the power of Congress.” –Linder v. United States, 1925.

And it wouldn't surprise me if Constitution-ignoring DC Democrats are also not aware that the USSC has likewise appropriately established the case precedent that Congress can not lay taxes based on issues controlled by state powers.

"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." --Chief Justice Marshall, GIBBONS V. OGDEN, 1824.

So not only is Obamacare constitutionally unauthorized, but Congress never had the power to lay taxes to pay for Obamacare.

The bottom line is that the corrupt Congress is robbing taxpayers.

Voters certainly have their work cut out for them in 2010.

Finally, the following link should help give people an idea how state sovereignty-ignorant voters have shot themselves in the foot with big, corrupt federal government as a consequence of the ill-conceived, anti-state sovereignty 16th and 17th Amendments.

The 16th & 17th Amendments and the big, corrupt fed. gov.

The Munz said...

If it does get passed, it needs to be challenged to the constitutionality of it asap.

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