Intro to ‘Stand and Oppose Obamacare’
Intro by John R. Houk
Justin Smith writes an excellent essay on repealing or actually defunding Obamacare. I truly approve of Smith’s activist call for the States to use Article V of the U.S. Constitution to take the issue out of the hands of the President, Congress and the Supreme Court. Congress does seem to buckle more often than to withstand Obama’s Executive despotism. SCOTUS’s 5-4 decision making Obamacare Constitutional if the funding is declared a tax rather than using the Commerce Clause to ram the beginnings of Socialistic healthcare down the throats of Americans.
Chief Justice Roberts tried to make a compromise by ruling that reference to the Commerce Clause was unconstitutional; however compelling people to pay for Obamacare insurance is valid as a tax:
However, according to the majority decision by John Roberts, the Supreme Court's conservative chief justice, the mandate cannot be justified on commerce-clause grounds. Indeed, Mr. Roberts wholly affirms the argument that the commerce clause cannot regulate economic inactivity. From the syllabus of the decision:
Construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new and potentially vast domain to congressional authority. Congress already possesses expansive power to regulate what people do. Upholding the Affordable Care Act under the Commerce Clause would give Congress the same license to regulate what people do not do. The Framers knew the difference between doing something and doing nothing. They gave Congress the power to regulate commerce, not to compel it. Ignoring that distinction would undermine the principle that the Federal Government is a government of limited and enumerated powers. The individual mandate thus cannot be sustained under Congress's power to “regulate Commerce.” (John Roberts's art of war; By W.W.; The Economist; 6/28/12 21:01)
So mysteriously SCOTUS transferred Individual Mandated funding from regulating Commerce to Taxation.
Commerce Clause: Article 1, Section 8, Clause 3 of the U.S. Constitution:
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To establish a … (Bold Emphasis Mine)
So here is the appearance the Dem controlled Executive Branch and SCOTUS colluded to circumvent the U.S. Constitution. By a two to one act of despotism the Constitution became irrelevant. However there is still a remedy in the Constitution to overcome two-branch despotism. That remedy is 2/3 of the fifty several states unite to have a Constitutional Convention to propose Amendments that must a 3/4 several state ratification to overcome the political despotism of the Dem Party controlled Executive Branch and SCOTUS subverting the Constitution.
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. (Bold Emphasis Mine - The Constitution of the United States: Article V; National Archives – Federal Register)
The Constitution has never been amended by the initiation of “the several states”. An Amendment Constitutional Convention might be the last legal vestige to overcome political intransience of a polarized Executive Branch and Congress. AND a divided SCOTUS could not overrule any Amendment designed by a Constitutional Convention convened by “the several states”.
Justin Smith’s essay should inspire you to participate in an activism on the grassroots level to overcome Federal despotism.
Stand and Oppose Obamacare
By Justin O. Smith
September 19, 2013 11:58 am
In 2010, the Democratic controlled House passed the Patient Protection and Affordable Care Act, 219 to 212, even though there had not been any great advocacy from the public on this issue. To the contrary, most Americans saw only a need in some health care sectors for slight reforms, and most Americans know now, just as they did then, that this misnamed legislation ("affordable") will make matters worse for all America, rather than better; the Affordable Care Act is recognized by the majority of Americans as an egalitarian system based on Marxist principles, redistribution of the wealth, and the scarcity that accompanies such a system, as opposed to conservative free-market capitalist principles, tried and true, that have always yielded a great benefit to all; the PPACA is the worse piece of unConstitutional legislation in U.S. history, and Democrats and Republicans alike must recognize the negative impact of implementing the PPACA, and they must immediately defund it this month, as they also set in motion the repeal of the PPACA!
The PPACA/Obamacare has begun underfunded, and the system is ripe for corruption, bribery and abuses that will cost all Americans a great deal more than they are currently paying for health care. Whether one supports Obamacare or not, our tax-dollars, as prescribed by the PPACA, are now funding advertisements that excitedly explain just how wonderful Obamacare will be; those same collective tax-dollars will fund abortions and violate the conscience, religious beliefs and First Amendment rights of U.S. citizens who stand in opposition to abortion. And eventually, Obamacare's poorly organized funding and implementation will force us all into a single-payer system, which will become the principle instrument of social control of the Progressive Democrats or any other unethical and immoral future administrations.
The flaws in Obamacare will become more apparent, and Americans will find themselves standing in long health care queues and provided medical services of dubious quality, because the more proficient medical professionals are already leaving medicine or planning to serve outside of Obamacare, until this is made illegal. Americans will necessarily need to join private medical groups comprised of citizens, who pool their resources in order to ensure the care of their members, which also leaves their freedom of choices and their privacy rights in place, because Obamacare has already shown itself to be a pipe-dream that will significantly increase the cost of a rationed health care system, kill jobs and the economy and still leave 30 million Americans un-insured!
"There are very few issues that are as personal and as tangible as health care, and implementation of the law over the next year is going to reveal a lot of kinks, a lot of red-tape, a lot of taxes, a lot of price increases and a lot of people forced into health care that they didn't anticipate," Brad Dayspring (Republican Senatorial Campaign Committee) recently stated.
Due to all the aforementioned, Obamacare is going to be an issue of critical importance in both the 2014 and 2016 elections, and it is beyond damned disgusting to watch Progressive "Republicans in name only", such as Senator Bob Corker, Senator Lamar Alexander and Speaker John Boehner, pretend that they cannot stop Obamacare. Corker, in his slow drawl, laments, "Well, it's the law now," as if Congress has never before rescinded a U.S federal law. Boehner, feckless and pretentious, presides over one vote after another to repeal Obamacare, when he has known all along that the House can remove the government mechanisms that implement Obamacare from the appropriations part of the continuing resolution and essentially kill Obamacare. And, while Alexander says he has voted 23 times to repeal Obamacare, he voted extra funds for Obamacare during a shortfall of funds for the state exchanges.
These Progressive RINOs are no more anxious for the repeal of Obamacare than the Progressive Democrats, due to the power and wealth they look to gain in association with this Obamacare behemoth; these people are also representative of the status quo Republicans, who simply content themselves to work within the framework of any defeat the Progressive Democrats hand them, as they genuflect, lift their petticoats and await whatever favor Obama grants them!
The stage was set for this when the Progressive majority rammed Obamacare into law, and the U.S. Supreme Court did the bidding of the most extreme and radical U.S. President in history and found Obamacare "constitutional" in a fit of judicial activism aimed against our U.S. Constitution and against the will of the people. Americans witnessed firsthand tyranny, as described by James Madison in 'Federalist Paper #47':
"The accumulation of all powers, legislative, executive and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny."
Just imagine if past leaders had adopted the attitude of today's Progressives concerning the Dredd Scott v. Sanford case (1857), and they never fought to abolish slavery, or they never passed the 13th and 14th Amendments to the U.S. Constitution. One must take a strong stand in opposition to any bad law of the magnitude of the Dredd Scott Decision or Obamacare, either one.
It is our responsibility and duty to defend the U.S. Constitution and our individual liberty in order that our children will live more free than now and, at the very least, as free as America's Founders. This demands that we fight to our last dying breath to defund and repeal Obamacare. Those of you, so enamored with "Obama bucks", Obamacare's "free health care" give-away programs and "hope and change," that you willingly give up your freedom to the State in exchange for the promise of "equality for all" in poverty, have wrapped yourselves in the cold embrace of the Statists' chains. As for the remainder ... the True American Patriots... demand that Congress remove Obamacare from the appropriations part of the continuing resolution before September 30, regardless of the imagined or real pitfalls that they envision; it's better to lose a battle standing on one's feet as a Free Man than to lose it on one's knees...a coward!
If Congress fails America in this one simple task due to any fear that guides it, everyone should organize, in some form or fashion, and contact all their state legislators in every single state, blue and red alike, to start the process of involving each of their respective states in a States' Convention for the purpose of proposing Amendments to the U.S. Constitution, that repeal Obamacare and halt several other aspects of government overreach in the manner described in Article V of the U.S. Constitution: "The Congress... on the Application of the Legislatures of two thirds of the several states, shall call a Convention for proposing Amendments, which... shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States...". This process trumps the President, Congress and the U.S. Supreme Court!
By Justin O. Smith
© Justin O. Smith
Intro and Edited by John R. Houk