Last Thursday, December 17, 2009, The White House released an Executive Order "Amending Executive Order 12425." It grants INTERPOL (International Criminal Police Organization) a new level of full diplomatic immunity afforded to foreign embassies and select other "International Organizations" as set forth in the United States International Organizations Immunities Act of 1945.
By removing language from President Reagan's 1983 Executive Order 12425, this international law enforcement body now operates - now operates - on American soil beyond the reach of our own top law enforcement arm, the FBI, and is immune from Freedom Of Information Act (FOIA) requests.
What, exactly does this mean? It means that INTERPOL now has the full authority to conduct investigations and other law enforcement activities on U.S. soil, with full immunity from U.S. laws such as the Freedom of Information Act and with complete independence from oversight from the FBI.
In short, a global law enforcement entity now has full law-enforcement authority in the U.S. without any check on its power afforded by U.S. law and U.S. law enforcement agencies.
A bit of background is in order here, and Hot Air provides it:
During his presidency, Ronald Reagan granted the global police agency Interpol the status of diplomatic personnel in order to engage more constructively on international law enforcement. In Executive Order 12425, Reagan made two exceptions to that status. The first had to do with taxation, but the second was to make sure that Interpol had the same accountability for its actions as American law enforcement — namely, they had to produce records when demanded by courts and could not have immunity for their actions.
Barack Obama unexpectedly revoked those exceptions in a change to EO 12425 last (week)...
Thus, Interpol now can conduct its operations on U.S. soil with ZERO accountability to anyone in this country.
And you beginning to understand now just what the 'end game' is on the part of those who are currently running the U.S. Government?
Let's go a step further in fleshing out exactly what this means in practical terms. It gets ugly...and scary. Again, from ThreatsWatch:
Section 2c of the United States International Organizations Immunities Act is the crucial piece.
Property and assets of international organizations, wherever located and by whomsoever held, shall be immune from search, unless such immunity be expressly waived, and from confiscation. The archives of international organizations shall be inviolable. (Emphasis added.)
Inviolable archives means INTERPOL records are beyond US citizens' Freedom of Information Act requests and from American legal or investigative discovery ("unless such immunity be expressly waived.")
Property and assets being immune from search and confiscation means precisely that. Wherever they may be in the United States. This could conceivably include human assets - Americans arrested on our soil by INTERPOL officers.
Why would INTERPOL be arresting American citizens on our own soil, without oversight from our own law enforcement agencies? And remember, citizens who are thusly arrested would have no legal authority to demand full documentation from the International Police concerning the charges brought against them.
Andy McCarthy at National Review asks these crucial, sobering questions of the secretive Obama order:
Why would we elevate an international police force above American law? Why would we immunize an international police force from the limitations that constrain the FBI and other American law-enforcement agencies? Why is it suddenly necessary to have, within the Justice Department, a repository for stashing government files which, therefore, will be beyond the ability of Congress, American law-enforcement, the media, and the American people to scrutinize?
At least one answer to these questions is very clear. A coup is underway in the United States of America, the goal of which is to establish complete, unquestioned authority over the citizens--a 'fundamental change' to the United States where citizens have no legal recourse against an authoritarian central government.
Columbia Conservative Examiner Anthony G. Martin
Monday, January 4, 2010
Saturday, January 2, 2010
An Iron Fist And A Velvet Glove... Threats And Sweetheart Deals.
The House and Senate may be out of session on winter recess, but Barack Obama, Nancy Pelosi and Harry Reid are busy threatening legislators... cutting secret, back-room deals... they're twisting arms… all in a desperate attempt to pass ObamaCare.
Why are they so desperate?
Because, contrary to what you've been hearing from the liberal mainstream media, ObamaCare is not a done deal... and Obama, Pelosi and Reid know it.
Blogger Alan Caruba summarizes what is going on and warns us that this struggle is about so much more than so-called "health care reform"... it's a battle for the soul and the future of this great nation:
"The bribery and thuggish pressures and threats against Democrat Senators and Representatives to pass the bill reveal a political leadership more devoted to ideology than the will of the People. ... it is an example of naked Communism at work. It is a bill put together behind closed doors and so extensive its control of the lives of Americans literally determines who lives and who dies."
Obama, Pelosi and Reid know that ObamaCare can be stopped. That's why they are desperately issuing threats and cutting secret deals.
And their desperation is proof positive that you can stop them.
But that means that each and every one of us is going to have to step up and keep fighting against ObamaCare.
According to recent reports, Obama, Pelosi and Reid are actually threatening Members of Congress.
LifeNews.com issued the following item:
"Congressman Bart Stupak... says the Obama administration is trying to bully him. ... Stupak told CNS News that the White House and top Congressional Democrats are attempting to twist his arm to accept the Reid-Nelson 'compromise' language that still allows massive taxpayer financing of abortions."
But they're just not issuing threats. Another report from Robert Costa with National Review indicates that Obama, Pelosi and Reid may have moved from bullying to bribery:
"After watching the Senate’s health-care debate, Rep. Bart Stupak (D., Mich.) tells NRO that he has one message for President Obama and House speaker Nancy Pelosi: 'You don’t buy me off.'"
"Stupak tells us that he’s disappointed that Democratic leaders have offered him legislative favors in exchange for supporting Obamacare. “'This shouldn’t be a bill where you use hush money,' says Stupak."
Stupak may be standing firm in opposition to these sickening tactics but don't count on that to last.
Senator Ben Nelson's recent capitulation, which allowed ObamaCare to move forward, should teach us that these iron-fist-velvet-glove tactics can work.
And that means we have our work cut out for us.
"This Process Was Not Compromise. This Process Was Corruption."
Those were the words of Tom Coburn, the good Senator from Oklahoma who is also a doctor. Here's more of what he had to say on the matter:
"This vote is indeed historic. This Congress will be remembered for its arrogance, corruption and stupidity. In the year of 2009, a Congress ignored the coming economic storm and impending bankruptcy of our entitlement programs and embarked on an ideological crusade to bring our nation as close to single-payer, government-run health care as possible. If this bill becomes law, future generations will rue this day...."
Coburn goes on to say:
"This process was not compromise. This process was corruption. This bill passed because votes were bought and sold. ... The president and his allies genuinely believe that expanding government's control over health care is the way to control health care costs, improve lives and extend life spans. I don't question their motives, but I do question their judgment. History has already judged this argument and put it in its ash heap. The experience of government-run health care in the United States and around the world shows that access to a government program is not access to health care."
Erik Rush with WorldNetDaily.com went further when he wrote:
"Barack Obama is a dedicated ideologue. ... Americans have every reason to hold animas for their lawmakers. They have exploited their constituents' trust and imperiled their security, proving themselves to be a collection of borderline sociopaths and political prostitutes."
As mentioned above, this fight is far from over. Both the House and the Senate will have to vote yet again to pass ObamaCare.
And changing just a few votes could mean victory for the American people. There is still time to defeat ObamaCare, but we, the American people, cannot let up now.
We can stop it. We must stop it.
Why are they so desperate?
Because, contrary to what you've been hearing from the liberal mainstream media, ObamaCare is not a done deal... and Obama, Pelosi and Reid know it.
Blogger Alan Caruba summarizes what is going on and warns us that this struggle is about so much more than so-called "health care reform"... it's a battle for the soul and the future of this great nation:
"The bribery and thuggish pressures and threats against Democrat Senators and Representatives to pass the bill reveal a political leadership more devoted to ideology than the will of the People. ... it is an example of naked Communism at work. It is a bill put together behind closed doors and so extensive its control of the lives of Americans literally determines who lives and who dies."
Obama, Pelosi and Reid know that ObamaCare can be stopped. That's why they are desperately issuing threats and cutting secret deals.
And their desperation is proof positive that you can stop them.
But that means that each and every one of us is going to have to step up and keep fighting against ObamaCare.
According to recent reports, Obama, Pelosi and Reid are actually threatening Members of Congress.
LifeNews.com issued the following item:
"Congressman Bart Stupak... says the Obama administration is trying to bully him. ... Stupak told CNS News that the White House and top Congressional Democrats are attempting to twist his arm to accept the Reid-Nelson 'compromise' language that still allows massive taxpayer financing of abortions."
But they're just not issuing threats. Another report from Robert Costa with National Review indicates that Obama, Pelosi and Reid may have moved from bullying to bribery:
"After watching the Senate’s health-care debate, Rep. Bart Stupak (D., Mich.) tells NRO that he has one message for President Obama and House speaker Nancy Pelosi: 'You don’t buy me off.'"
"Stupak tells us that he’s disappointed that Democratic leaders have offered him legislative favors in exchange for supporting Obamacare. “'This shouldn’t be a bill where you use hush money,' says Stupak."
Stupak may be standing firm in opposition to these sickening tactics but don't count on that to last.
Senator Ben Nelson's recent capitulation, which allowed ObamaCare to move forward, should teach us that these iron-fist-velvet-glove tactics can work.
And that means we have our work cut out for us.
"This Process Was Not Compromise. This Process Was Corruption."
Those were the words of Tom Coburn, the good Senator from Oklahoma who is also a doctor. Here's more of what he had to say on the matter:
"This vote is indeed historic. This Congress will be remembered for its arrogance, corruption and stupidity. In the year of 2009, a Congress ignored the coming economic storm and impending bankruptcy of our entitlement programs and embarked on an ideological crusade to bring our nation as close to single-payer, government-run health care as possible. If this bill becomes law, future generations will rue this day...."
Coburn goes on to say:
"This process was not compromise. This process was corruption. This bill passed because votes were bought and sold. ... The president and his allies genuinely believe that expanding government's control over health care is the way to control health care costs, improve lives and extend life spans. I don't question their motives, but I do question their judgment. History has already judged this argument and put it in its ash heap. The experience of government-run health care in the United States and around the world shows that access to a government program is not access to health care."
Erik Rush with WorldNetDaily.com went further when he wrote:
"Barack Obama is a dedicated ideologue. ... Americans have every reason to hold animas for their lawmakers. They have exploited their constituents' trust and imperiled their security, proving themselves to be a collection of borderline sociopaths and political prostitutes."
As mentioned above, this fight is far from over. Both the House and the Senate will have to vote yet again to pass ObamaCare.
And changing just a few votes could mean victory for the American people. There is still time to defeat ObamaCare, but we, the American people, cannot let up now.
We can stop it. We must stop it.
Center for Individual Freedom
917-B King Street
Alexandria, VA 22314
703-535-5836
Fax:703-535-5838
CFIF is a 501(c)(4) not-for-profit constitutional advocacy organization with
the mission to protect and defend individual freedoms and individual rights.
Monday, November 16, 2009
OBAMA CARE EXPOSED
The cat is out of the bag... under Pelosi-Care, American citizens who refuse to purchase an Obama-approved health insurance plan will face fines of up to 250,000 dollars and up to five years in jail.
When asked what gave Congress the right to institute such a tyrannical mandate, Democratic Senator Jack Reed actually had the nerve to tell CNS News that it was constitutionally justified.
Why? Because, according to Reed, it was no different than making people "sign up for the draft."
Got that?
As far as Nancy Pelosi and Barack Hussein Obama and Jack Reed and radical leftists in Congress are concerned, they have every right to force you to purchase a Pelosi-Obama-approved health care plan under penalty of law.
And apparently, like the draft, it's your solemn duty to purchase their so-called health care plan... or else.
If you cross them... if you are not covered by a health care plan that has the Obama-Pelosi Seal Of Approval, the IRS will assess a penalty of up to 2.5 percent of your income and if you resist paying this penalty, you can go to jail for up to five years and/or be fined up to 250,000 dollars.
Congressman Dave Camp, the Ranking Member of the House Ways and Means Committee, put it this way:
"This is the ultimate example of the Democrats' command-and-control style of governing - buy what we tell you or go to jail."
Specifically, when asked for the justification, under the Constitution, for Congress to make the draconian requirement, Reed told CNS News:
"Let me see... I would have to check the specific sections, so I'll have to get back to you on the specific section. But it is not unusual that the Congress has required individuals to do things, like sign up for the draft and do many other things too, which I don't think are explicitly contained [in the Constitution]."
"Get back to you?" ... on the Constitution? ... Is this man actually a United States Senator? ... it should be obvious, Reed has no idea what's in the Constitution. And it should be equally obvious that leftists like Reed and Pelosi and Barack Hussein Obama have little regard, if any, for the Constitution anyway.
And lastly, it should be painfully obvious exactly why Pelosi-Care (the spawn of ObamaCare) must be stopped.
Oh... one more thing just recently became obvious... it seems Senate Majority Leader Harry Reid will try to ram Pelosi- Care down our throats before we even know what hit us after all.
Right after some Senior Democrats claimed last week that so-called "health care reform" would not be resolved in the Senate this year, Reid immediately (and quietly) moved to bring Pelosi-Care to the Senate floor.
Debate will start on Tuesday... even though Reid has not even finalized the Senate version of the legislation.
Whoa... just last week, Reid said, "They want us to do this the right way, not the fast way."
What a turnaround.... Why the rush Harry?
If we're going to stop Pelosi-Care, we must act today, because time is short.
When asked what gave Congress the right to institute such a tyrannical mandate, Democratic Senator Jack Reed actually had the nerve to tell CNS News that it was constitutionally justified.
Why? Because, according to Reed, it was no different than making people "sign up for the draft."
Got that?
As far as Nancy Pelosi and Barack Hussein Obama and Jack Reed and radical leftists in Congress are concerned, they have every right to force you to purchase a Pelosi-Obama-approved health care plan under penalty of law.
And apparently, like the draft, it's your solemn duty to purchase their so-called health care plan... or else.
If you cross them... if you are not covered by a health care plan that has the Obama-Pelosi Seal Of Approval, the IRS will assess a penalty of up to 2.5 percent of your income and if you resist paying this penalty, you can go to jail for up to five years and/or be fined up to 250,000 dollars.
Congressman Dave Camp, the Ranking Member of the House Ways and Means Committee, put it this way:
"This is the ultimate example of the Democrats' command-and-control style of governing - buy what we tell you or go to jail."
Specifically, when asked for the justification, under the Constitution, for Congress to make the draconian requirement, Reed told CNS News:
"Let me see... I would have to check the specific sections, so I'll have to get back to you on the specific section. But it is not unusual that the Congress has required individuals to do things, like sign up for the draft and do many other things too, which I don't think are explicitly contained [in the Constitution]."
"Get back to you?" ... on the Constitution? ... Is this man actually a United States Senator? ... it should be obvious, Reed has no idea what's in the Constitution. And it should be equally obvious that leftists like Reed and Pelosi and Barack Hussein Obama have little regard, if any, for the Constitution anyway.
And lastly, it should be painfully obvious exactly why Pelosi-Care (the spawn of ObamaCare) must be stopped.
Oh... one more thing just recently became obvious... it seems Senate Majority Leader Harry Reid will try to ram Pelosi- Care down our throats before we even know what hit us after all.
Right after some Senior Democrats claimed last week that so-called "health care reform" would not be resolved in the Senate this year, Reid immediately (and quietly) moved to bring Pelosi-Care to the Senate floor.
Debate will start on Tuesday... even though Reid has not even finalized the Senate version of the legislation.
Whoa... just last week, Reid said, "They want us to do this the right way, not the fast way."
What a turnaround.... Why the rush Harry?
If we're going to stop Pelosi-Care, we must act today, because time is short.
Tuesday, November 10, 2009
Healthcare Reform Means Socialized Medicine!
Dear Patriots,
More government control is coming! Obamacare is rationed care!
If you think we've got problems with our healthcare system now, just wait until you see what your government has in store for you . . .
President Obama is pushing nationalized health insurance via the so-called public option, which is the first step toward socialized medicine.
All Republicans and at least a few Senate Democrats will vote against this now. But the compromise legislation will almost certainly include a "trigger" to adopt the public option in just a few years!
This is a sneaky backdoor way into socialized medicine.
This "trigger" will force the establishment of a government-run plan after the insurance companies fail to meet impossibly high standards for expanded coverage and reduced costs.
And that opens the door for the government takeover!
The loons behind this scheme actually believe a government takeover of healthcare will lower costs, even as it improves quality and expands coverage to all!
Of course that's impossible, and Medicare should be the obvious proof of that!
Medicare is Going Broke, Even as it Sucks up 20% of the U.S. Budget
In 1966, Medicare and Medicaid made up 1% of total government spending. Today, that figure is 20% and rising fast.
At this rate, Medicare will be broke by 2017, and any expansion of government-run healthcare will bring about the bankruptcy sooner. Unless of course . . .
· Taxes are raised much higher
· Healthcare is rationed
· Quality of healthcare is lowered
Get ready for all of the above. Because that's exactly what they have in Canada, Britain, France, and every other country with a government-run healthcare system.
You see, under Obamacare, the quality of care will decline because today's total resources will have to be stretched to include tens of millions more people . . .
The government will decide how much doctors and nurses will be paid, which treatments will be covered (far fewer than what's available now), and who will get what and when. But it's even worse than that . . .
The government will decide which medicines will be forced on you in the name of "disease prevention."
Yes, forced medications! And it's already happening . . .
Under nationalized healthcare, the government will want every adult on a polypill that combines aspirin, blood pressure medicine, and a cholesterol lowering drug.
This crackpot idea comes from Britain. And it's been proposed as policy here in the name of disease prevention. Why? To save money, of course, so that more people can get health coverage.
But there's another reason for it — Big Pharma PROFITS! And . . .
· It won't matter that such a pill is completely inappropriate for most people!
· It won't matter that cholesterol-lowering drugs DON'T prevent heart disease.
· It won't matter that such a pill actually will do bodily harm!
Big Pharma has bought off the biggest players in Washington, including President Obama, and once we see the government takeover of healthcare, they'll be calling the shots on which medicines you get and at what prices.
You see, former Congressman Billy Tauzin is the chief lobbyist for Big Pharma, and armed with tens of millions of dollars for greasing the palms of Washington pals, he's bought a heck of a lot of influence. That's not all . . .
He cut a secret deal with President Obama to ensure that drug prices won't be negotiated any lower.
Tauzin has been so effective that he now has government officials doing Big Pharma's bidding,
The government push is actually a scheme to fill drug company coffers with billions of dollars, including a boatload of taxpayer money.
Have you wondered why Big Pharma is backing Obama? Under Obamacare, the drug companies are going to sell a lot more drugs!
Long ago, the leaders of Britain and Canada set up socialized healthcare and then — BIG SURPRISE — found out they couldn't pay for what they had promised . . .
The British politicians relieved the country's financial burden in the traditional socialist way — they rationed care and specifically denied quality care to their nation's sickest citizens (mostly the elderly).
They justified this action by reasoning the sickest 5% would otherwise use up 50% of all healthcare dollars, which they said was "unfair."
The Canadians ran into the same problem and went to rationing, too. But at least some Canadians had a way out — they could get quality care in the United States. And that's how U.S. health insurance policies came to be the biggest sellers in Canada.
Now, these socialist steps could be taken in America . . .
· The new system will rely on severe progressive rationing . . .
· Many medical services will be denied, especially to the elderly . . .
· The elderly will be encouraged to die to save healthcare dollars . . .
· Doctors who provide too much care — or offer services not approved by the government — will be fined and even have their licenses revoked!
Shocking? Yes, but all of these steps have been taken in every socialist medical care system in the world. And that's been justified in the name of providing "universal healthcare."
Right now, we're short 16,000 primary-care physicians in this country, and if Obama extends coverage to nearly everybody, that shortfall will double overnight!
The only possible result is less care for you and your family.
Even if you have good coverage now, you will get less care in the future because of the coming "overload" on our system.
Obviously, we can't provide healthcare to everyone with the resources we have now. And even if we could throw unlimited funds at this problem, it would take 10 to 15 years to ramp up.
Please let your Senators know that we want no part of this reform or they will find themselves unemployed after the Mid-Term elections.
JohnnyD
More government control is coming! Obamacare is rationed care!
If you think we've got problems with our healthcare system now, just wait until you see what your government has in store for you . . .
President Obama is pushing nationalized health insurance via the so-called public option, which is the first step toward socialized medicine.
All Republicans and at least a few Senate Democrats will vote against this now. But the compromise legislation will almost certainly include a "trigger" to adopt the public option in just a few years!
This is a sneaky backdoor way into socialized medicine.
This "trigger" will force the establishment of a government-run plan after the insurance companies fail to meet impossibly high standards for expanded coverage and reduced costs.
And that opens the door for the government takeover!
The loons behind this scheme actually believe a government takeover of healthcare will lower costs, even as it improves quality and expands coverage to all!
Of course that's impossible, and Medicare should be the obvious proof of that!
Medicare is Going Broke, Even as it Sucks up 20% of the U.S. Budget
In 1966, Medicare and Medicaid made up 1% of total government spending. Today, that figure is 20% and rising fast.
At this rate, Medicare will be broke by 2017, and any expansion of government-run healthcare will bring about the bankruptcy sooner. Unless of course . . .
· Taxes are raised much higher
· Healthcare is rationed
· Quality of healthcare is lowered
Get ready for all of the above. Because that's exactly what they have in Canada, Britain, France, and every other country with a government-run healthcare system.
You see, under Obamacare, the quality of care will decline because today's total resources will have to be stretched to include tens of millions more people . . .
The government will decide how much doctors and nurses will be paid, which treatments will be covered (far fewer than what's available now), and who will get what and when. But it's even worse than that . . .
The government will decide which medicines will be forced on you in the name of "disease prevention."
Yes, forced medications! And it's already happening . . .
Under nationalized healthcare, the government will want every adult on a polypill that combines aspirin, blood pressure medicine, and a cholesterol lowering drug.
This crackpot idea comes from Britain. And it's been proposed as policy here in the name of disease prevention. Why? To save money, of course, so that more people can get health coverage.
But there's another reason for it — Big Pharma PROFITS! And . . .
· It won't matter that such a pill is completely inappropriate for most people!
· It won't matter that cholesterol-lowering drugs DON'T prevent heart disease.
· It won't matter that such a pill actually will do bodily harm!
Big Pharma has bought off the biggest players in Washington, including President Obama, and once we see the government takeover of healthcare, they'll be calling the shots on which medicines you get and at what prices.
You see, former Congressman Billy Tauzin is the chief lobbyist for Big Pharma, and armed with tens of millions of dollars for greasing the palms of Washington pals, he's bought a heck of a lot of influence. That's not all . . .
He cut a secret deal with President Obama to ensure that drug prices won't be negotiated any lower.
Tauzin has been so effective that he now has government officials doing Big Pharma's bidding,
The government push is actually a scheme to fill drug company coffers with billions of dollars, including a boatload of taxpayer money.
Have you wondered why Big Pharma is backing Obama? Under Obamacare, the drug companies are going to sell a lot more drugs!
Long ago, the leaders of Britain and Canada set up socialized healthcare and then — BIG SURPRISE — found out they couldn't pay for what they had promised . . .
The British politicians relieved the country's financial burden in the traditional socialist way — they rationed care and specifically denied quality care to their nation's sickest citizens (mostly the elderly).
They justified this action by reasoning the sickest 5% would otherwise use up 50% of all healthcare dollars, which they said was "unfair."
The Canadians ran into the same problem and went to rationing, too. But at least some Canadians had a way out — they could get quality care in the United States. And that's how U.S. health insurance policies came to be the biggest sellers in Canada.
Now, these socialist steps could be taken in America . . .
· The new system will rely on severe progressive rationing . . .
· Many medical services will be denied, especially to the elderly . . .
· The elderly will be encouraged to die to save healthcare dollars . . .
· Doctors who provide too much care — or offer services not approved by the government — will be fined and even have their licenses revoked!
Shocking? Yes, but all of these steps have been taken in every socialist medical care system in the world. And that's been justified in the name of providing "universal healthcare."
Right now, we're short 16,000 primary-care physicians in this country, and if Obama extends coverage to nearly everybody, that shortfall will double overnight!
The only possible result is less care for you and your family.
Even if you have good coverage now, you will get less care in the future because of the coming "overload" on our system.
Obviously, we can't provide healthcare to everyone with the resources we have now. And even if we could throw unlimited funds at this problem, it would take 10 to 15 years to ramp up.
Please let your Senators know that we want no part of this reform or they will find themselves unemployed after the Mid-Term elections.
JohnnyD
Wednesday, November 4, 2009
Individual mandate insurance is unconstitutional
By KEN KLUKOWSKI
10/20/09 5:04 AM EDT
The Senate Finance Committee-passed health care bill includes an “individual mandate” that Americans must buy an insurance policy or pay a fine, an approach that tracks President Barack Obama’s health care proposals. But if enacted into law, this mandate would be glaringly unconstitutional.
That’s because those refusing to get insurance would be subject to a fine, and refusing to pay would be a misdemeanor crime, punishable by another fine or even jail time.
States wield what is called police power: the authority to make laws for the health, safety and morality of their people. The federal government, on the other hand, has limited jurisdiction. If the Constitution does not grant a specific power to the federal government, then the 10th Amendment reserves it to the states or the people.
Plenty of constitutional provisions grant powers to the federal government. For example, most that involve conditions on persons receiving federal money come from the Tax and Spending Clause. Many of the rest come from the Commerce Clause, which empowers Congress to regulate interstate commerce.
But, as other lawyers have correctly noted, there is no constitutional basis for the individual mandate. People who decline coverage are not receiving federal money, so that mandate can’t fall under the spending part of the Tax and Spending Clause.
It also cannot be a tax. The federal government can levy only certain kinds of taxes. Article I of the Constitution authorizes excise and capitation taxes, and the 16th Amendment created the income tax.
It can’t be an excise tax because that’s a surcharge on a purchase, and here people are not buying anything. It can’t be a capitation (or “direct”) tax because that is a tax on every person in a state and must be equal for every person in the state; this would be a levy that some people would pay and others would not. And it can’t be an income tax because that must be based on personal income, not purchase decisions.
All that’s left is the Commerce Clause. And the people who declined to purchase government-mandated insurance would not be engaging in commercial activity, so there’s no interstate commerce. That, in fact, is the government’s problem with them: Those people refuse to take the money or play the game.
It’s true that the Commerce Clause (like some other constitutional provisions) has been construed over the years (since 1942) into something that would give the Founding Fathers fits. It’s been interpreted into a ridiculously broad catchall for federal intrusions into people’s lives.
But it’s not unlimited. The Commerce Clause still constrains federal action, even though in the past seven decades only two laws have been struck down on Commerce Clause grounds, in 1995 and 2000. We don’t see the courts use this provision often because even on its worst day, Congress usually doesn’t go on an insane, socialist spending spree. (Well, until lately.)
Then Obama came along, with his cadre of czars and his congressional comrades like Speaker Nancy Pelosi, whose far-left views represent only a small fraction of the American people.
Now they’re finally forcing things too far. If Obama wants a health care plan that compels every American to carry insurance, he will have to persuade the nation to adopt a constitutional amendment creating a right to health care. You might have better odds of getting struck by lightning.
For dozens of policy reasons, those who believe in free-market economics or understand why America has the greatest health care in the world are doing everything possible to stop Obamacare.
But if they fail in the legislative process, they must look to the U.S. Supreme Court to drop the hammer of the Constitution on Obamacare and strike its key mandate provision from the books.
This had better happen soon, though, before Obama has a chance to remake the Supreme Court in his image.
And perhaps that’s been his plan all along.
Ken Klukowski is a fellow and senior legal analyst with the American Civil Rights Union.
10/20/09 5:04 AM EDT
The Senate Finance Committee-passed health care bill includes an “individual mandate” that Americans must buy an insurance policy or pay a fine, an approach that tracks President Barack Obama’s health care proposals. But if enacted into law, this mandate would be glaringly unconstitutional.
That’s because those refusing to get insurance would be subject to a fine, and refusing to pay would be a misdemeanor crime, punishable by another fine or even jail time.
States wield what is called police power: the authority to make laws for the health, safety and morality of their people. The federal government, on the other hand, has limited jurisdiction. If the Constitution does not grant a specific power to the federal government, then the 10th Amendment reserves it to the states or the people.
Plenty of constitutional provisions grant powers to the federal government. For example, most that involve conditions on persons receiving federal money come from the Tax and Spending Clause. Many of the rest come from the Commerce Clause, which empowers Congress to regulate interstate commerce.
But, as other lawyers have correctly noted, there is no constitutional basis for the individual mandate. People who decline coverage are not receiving federal money, so that mandate can’t fall under the spending part of the Tax and Spending Clause.
It also cannot be a tax. The federal government can levy only certain kinds of taxes. Article I of the Constitution authorizes excise and capitation taxes, and the 16th Amendment created the income tax.
It can’t be an excise tax because that’s a surcharge on a purchase, and here people are not buying anything. It can’t be a capitation (or “direct”) tax because that is a tax on every person in a state and must be equal for every person in the state; this would be a levy that some people would pay and others would not. And it can’t be an income tax because that must be based on personal income, not purchase decisions.
All that’s left is the Commerce Clause. And the people who declined to purchase government-mandated insurance would not be engaging in commercial activity, so there’s no interstate commerce. That, in fact, is the government’s problem with them: Those people refuse to take the money or play the game.
It’s true that the Commerce Clause (like some other constitutional provisions) has been construed over the years (since 1942) into something that would give the Founding Fathers fits. It’s been interpreted into a ridiculously broad catchall for federal intrusions into people’s lives.
But it’s not unlimited. The Commerce Clause still constrains federal action, even though in the past seven decades only two laws have been struck down on Commerce Clause grounds, in 1995 and 2000. We don’t see the courts use this provision often because even on its worst day, Congress usually doesn’t go on an insane, socialist spending spree. (Well, until lately.)
Then Obama came along, with his cadre of czars and his congressional comrades like Speaker Nancy Pelosi, whose far-left views represent only a small fraction of the American people.
Now they’re finally forcing things too far. If Obama wants a health care plan that compels every American to carry insurance, he will have to persuade the nation to adopt a constitutional amendment creating a right to health care. You might have better odds of getting struck by lightning.
For dozens of policy reasons, those who believe in free-market economics or understand why America has the greatest health care in the world are doing everything possible to stop Obamacare.
But if they fail in the legislative process, they must look to the U.S. Supreme Court to drop the hammer of the Constitution on Obamacare and strike its key mandate provision from the books.
This had better happen soon, though, before Obama has a chance to remake the Supreme Court in his image.
And perhaps that’s been his plan all along.
Ken Klukowski is a fellow and senior legal analyst with the American Civil Rights Union.
Thursday, October 22, 2009
"OBAMA'S LIBERAL TRANSPARENCY" = BLACKOUT
Remember the presidential campaign when Mr. O promised a transparent administration and that all bills will be posted on the internet for 2 weeks prior to being voted on? Well, here we are in October and not ONE bill has been posted prior to the vote. Everything is done hush hush behind closed doors so the public will not know what is being passed until it is passed. And notice that they only let certain elements of the media report on what they wish them to report on! That my friends is not transparency it's what I call a BlackOut. Gee.....sound familiar.......Stalin in Russia, Castro in Cuba, Ortez in Nicaragua, Chavez in Venezuela........My God people, wake up, before it's too late. Do you need to be herded into socialism before you realize this! By then it WILL BE too late. And all of this is done against the will of the majority of the U.S. Citizenry by virtually every poll taken. They are not representing the will of the majority who elected them, they are representing their own hidden agenda against the wishes of the majority of the citizens. An agenda that tramples all over our Constitution and our Rights! DO YOU CARE? If you do then act now by getting out the word how important it is to cast your vote in the 2010 mid-term elections (See my article on Real Change). Let us the real patriots in this country turn out in droves to muster at least an 80% voter turnout and vote against every incumbent running for re-election! We need new representatives with fresh ideas, not business as usual.
JohnnyD
JohnnyD
Wednesday, October 7, 2009
THE ANT AND THE GRASSHOPPER
OLD VERSION:
The ant works hard in the withering heat all summer long, building his house and laying up supplies for the winter.
The grasshopper thinks the ant is a fool and laughs and dances and plays the summer away.
Come winter, the ant is warm and well fed. The grasshopper has no food or shelter, so he dies out in the cold.
MORAL OF THE STORY: Be responsible for yourself!
MODERN VERSION:
The ant works hard in the withering heat all summer long, building his house and laying up supplies for the winter.
The grasshopper thinks the ant is a fool and laughs and dances and plays the summer away.
Come winter, the shivering grasshopper calls a press conference and demands to know why the ant should be allowed to be warm and well fed while others are cold and starving.
CBS, NBC, PBS, CNN, and ABC show up to provide pictures of the shivering grasshopper next to a video of the ant in his comfortable home with a table filled with food. America is stunned by the sharp contrast.
How can this be, that in a country of such wealth, this poor grasshopper is allowed to suffer so?
Kermit the Frog appears on Oprah with the grasshopper and everybody cries when they sing,
'It's Not Easy Being Green.'
Acorn stages a demonstration in front of the ant's house where the news stations film the group singing, 'We shall overcome.'
Rev. Jeremiah Wright then has the group kneel down to pray to God for the grasshopper's sake.
Nancy Pelosi & Harry Reid exclaim in an interview with Larry King that the ant has gotten rich off the back of the grasshopper, and both call for an immediate tax hike on the ant to make him pay his fair share.
Finally, the EEOC drafts the Economic Equity & Anti-Grasshopper Act retroactive to the beginning of the summer.
The ant is fined for failing to hire a proportionate number of green bugs and, having nothing left to pay his retroactive taxes, his home is confiscated by the Government Green Czar.
The story ends as we see the grasshopper finishing up the last bits of the ants food while the government house he is in, which just happens to be the ant's old house, crumbles around him because he doesn't maintain it.
The ant has disappeared in the snow. The grasshopper is found dead in a drug related incident and the house, now abandoned, is taken over by a gang of spiders who terrorize the once peaceful neighborhood.
MORAL OF THE STORY: Be careful how you vote in 2010.
The ant works hard in the withering heat all summer long, building his house and laying up supplies for the winter.
The grasshopper thinks the ant is a fool and laughs and dances and plays the summer away.
Come winter, the ant is warm and well fed. The grasshopper has no food or shelter, so he dies out in the cold.
MORAL OF THE STORY: Be responsible for yourself!
MODERN VERSION:
The ant works hard in the withering heat all summer long, building his house and laying up supplies for the winter.
The grasshopper thinks the ant is a fool and laughs and dances and plays the summer away.
Come winter, the shivering grasshopper calls a press conference and demands to know why the ant should be allowed to be warm and well fed while others are cold and starving.
CBS, NBC, PBS, CNN, and ABC show up to provide pictures of the shivering grasshopper next to a video of the ant in his comfortable home with a table filled with food. America is stunned by the sharp contrast.
How can this be, that in a country of such wealth, this poor grasshopper is allowed to suffer so?
Kermit the Frog appears on Oprah with the grasshopper and everybody cries when they sing,
'It's Not Easy Being Green.'
Acorn stages a demonstration in front of the ant's house where the news stations film the group singing, 'We shall overcome.'
Rev. Jeremiah Wright then has the group kneel down to pray to God for the grasshopper's sake.
Nancy Pelosi & Harry Reid exclaim in an interview with Larry King that the ant has gotten rich off the back of the grasshopper, and both call for an immediate tax hike on the ant to make him pay his fair share.
Finally, the EEOC drafts the Economic Equity & Anti-Grasshopper Act retroactive to the beginning of the summer.
The ant is fined for failing to hire a proportionate number of green bugs and, having nothing left to pay his retroactive taxes, his home is confiscated by the Government Green Czar.
The story ends as we see the grasshopper finishing up the last bits of the ants food while the government house he is in, which just happens to be the ant's old house, crumbles around him because he doesn't maintain it.
The ant has disappeared in the snow. The grasshopper is found dead in a drug related incident and the house, now abandoned, is taken over by a gang of spiders who terrorize the once peaceful neighborhood.
MORAL OF THE STORY: Be careful how you vote in 2010.
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