Skip to comments.It's "Settled Law"
Posted on 10/07/2013 7:23:06 AM PDT by canuck_conservative
Democrats say we must accept ObamaCare, because it was legally passed by the Legislative branchand signed into law by the country's leader. Well, so was Russia's law against homosexual propaganda. So, does the Obama Administration also think all Americans should accept that law as settled too? Will we see Obama tell all protesters, in the run-up to the Olympics, that they must accept that "settled law" too, and should stop their childish protests against it?
Oboingo & the Democrats seem to think it's OK for everyone to protest and demand roll-back of some laws, but not ObamaCare or DOMA.
Oh, the hypocrisy.
Legislation to build a LONG border fence along the Mexican border was settled law at one point as well. Somehow it got de-funded...
Obama and his dem stormtroopers aren't real good at logic, are they?
The DOM act was “settled law” too!
Slavery was “settled law” as well.
A law that originated in the Senate and was not voted on by the House after ‘conference’ but ‘deemed passed’ by the House Majority leader is not a law in my book.
Secondly, a law that originated in the Senate as I said that was ruled a TAX by the SC is retroactively a tax bill in my book. As such, originated by the Senate was a violation of the Constitutional dictate that ALL tax/financial bills originate in the HOUSE.
It is not a law; it is treason.
So was ‘Prohibition’. But is was repealed!
And what about existing immigration laws that the Obama administration refuses to enforce in Arizona and California, then attempts to prosecute local law enforcement agencies for their attempts at enforcement? Isn’t that also settled law?
When did we allow women to vote?
ObamaCare is the law of the land. . .”settled law”. . .like that is supposed to stop debate and end all discussion to repeal or amend.
Jim Crow segregation laws were also the law of the land too, but that didnt mean efforts to repeal or amend them were to be halted because the Supreme Court held them constitutional.
Slavery and prohibition were “settled law.”
So was Dred Scott.
so was slavery...and prohibition....
The 2nd Amendment is settled law, but the Left keeps trying to subvert it anyway.
If it’s settled law, why has Soetoro been changing it piece by piece? Sounds very unsettled to me.
There is no such thing as “settled law.”
The people have it within their power to alter or repeal any statute through their elected representatives.
And the House of Representatives can choose to withhold or eliminate funds from any agency or department it chooses. And neither the senate nor the president can do anything (within the law) about it.
Here’s settled law. If you come illegally into our country the government must deport you.
Neah. They took the money - and spent it other stuff. Claimed there was no law that said it HAD to be spent on the border fence.
Whenever I hear the phrase “It’s the law of the land” I think about the many laws preventing illegal entry into the land. None of them are being enforced.
- we have immigration rules which are the laws of the land, but obama refuses to enforce them....
- we have border rules which are the laws of the land, but obama refuses to enforce them...
- DOMA was the law of the land the first 4.5 years obama was in office, but he brazenly refused to enforce it...
Compliance with Obamacare violates Doctor Patient Confidentiality.
Obamacare is in violation of the Doctors Hippocratic Oath as follows:
- - - All that may come to my knowledge in the exercise of my profession or in daily commerce with men, which ought not to be spread abroad, I will keep secret and will never reveal. - - -
Another line of legal reasoning involves comparing Obamacare to all the dos and donts the Federal Government has put into Law about our privacy rights such as HIPPA, questions that future employers can and cannot ask at ones job interview, etc.
A criminal at arrest time has the right to remain silent which is not an option for any of us - - - , as our Doctors have been forced by the damn Federal Government to betray us over our very loud protests.
Class Action Law Suit anyone?
Might be something for Senators Cruz and Lee to file on our behalf ?!
Queer and pedophile laws do not have standing in civil society, except of course, to out them and punish them.
Ask about the 15 million criminal invaders and the laws that are recognized but remain unenforced. What we have is selective enforcement of laws against US citizens.
It's not hypocrisy: 1. the practice of claiming to have moral standards or beliefs to which one's own behavior does not conform; pretense.
The Left is perfectly clear about its objectives and its means to reach them.
If it's good for the Revolution, it's good and anything is permitted. If it's good for America, it's bad and everything is forbidden.
Alinsky is not exactly a secret.
Every time I hear this, I counter with a question about the Patriot Act. That was settled law too. Difference is, we are putting out money where our mouth is. All they did was talk.
DOMA, immigration laws, Senate Advice and Consent, War Powers were all ‘settled law’.
I don’t remember hose ‘settled laws’ affecting Administration policy?
This is like ‘settled science’. Once we say its ‘settled’, you are no longer allowed to disagree.
Absurd that people fall for this.
There are a number of reasons why the law is invalid, but the "deemed passed" move is not one of them.
That illegal maneuver was discussed but was not used, the PPACA bill passed the House 218-215 as written.
It is no longer the law John Roberts modified. It the a law that was passed in the dark, unread, using bribes and parliamentary tricks, signed by the President, morphed from a mandated purchase of a service to a tax by SCOTUS, selectively enforced piecemeal by the President, modified by the President, with sections delayed by Presidential Tweets - all with no Congressional oversight.
"After all, Prohibition was the law of the land (under the 18th Amendment), and the politics of its widespread loss of respect for the law resulted in its repeal (21st Amendment).
The 21st Amendment did not totally end Prohibition. The individual states could then vote in local option for either being wet or dry. But the power was stripped from the Federal government to enforce prohibition anywhere.
How was that for repeal and replace?
The law preventing women from voting was once settled law too.
It is not the law and a SCOTUS case filed by the Pacific Legal Foundation [I believe] is headed their way with the following paraphrased arguments;
In September 17, 2009, Congressman Charlie Rangel introduced H.R. 3590, titled the “Service Members Home Ownership Tax Act of 2009” to amend the Internal Revenue Code of 1986 modifying the first-time homebuyers credit for members of the Armed Forces and certain other Federal employees. Nancy Pelosi was Speaker of the House and John Boehner was the minority leader when this bill passed on October 8, 2009 by a 416-0 vote. This bill went to the Senate where Majority Leader Harry Reid gutted H.R. 3590, deleted all the contents after the first sentence, and replaced it with what became the “Patient Protection and Affordable Care Act” of November 19, 2009.
Article I, Section 7, which states that “All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.” The key idea is that the Supreme Court recently upheld the individual mandate as a tax; so it is a bill for raising revenue. That means that the Affordable Care Act must have begun in the House of Representatives. And it did not.” Therefore the Senate is in violation of the Constitution by funding something the house cut.
Article I, Section 7, which states that “All bills for raising revenue shall originate in the House of Representatives;
Im fairly certain raising the debt ceiling has the same definition of revenue, that is; the total amount of money received by the government for goods or services provided during a certain time frame. Obama citing the full faith and credit as an excuse to fund the damn thing would be illegal just as him changing elements of the statute itself ... The GOP NEEDS TO GET TOUGH with this Bolshevik O-Hole and fast.
End Women’s Suffrage too! That was ‘settled law before it was changed.
They have suffered enough!
I believe that there is an active and promising lawsuit that is presently running through the courts.
It challenges Obamacare on the originality clause in the Constitution.
SCOTUS Justice John Roberts, in his warped decision, noted that Obamacare could be considered legit if the penalty for non-participation were considered a tax.
However, Roberts never ruled that the tax was a legit tax. The lawsuit challenges Obamacare as an illegitimate tax because it was a revenue raising bill that originated in the Senate, not in the House, as the Constitution requires.
Obamacare is NOT settled law.
Since Obamacare was re-written by the SCOTUS, it is not the same law that both Houses of Congress voted on.
Therefore, until the changes have acheived The Advice and Consent of Congress, the revised law is invalid, by standards set forth in the US Constitution and the rules of both Houses of Congress.
In effect, Traitor John Roberts voided the same Law that he tried to save.
The Democrats are trying to get over this initial period so that the cost and disruption of going back becomes unthinkable and the Republicans will concentrate on ways to “fix” it rather than throw it out. Many Rinos are already talking this way.
The Obamacare debacle is only beginning. It represents a massive tax increase which takes an enormous amount of money out of the general economy. This alone will propel us into deeper recession. If the Democrats get what they want, it just might be their undoing. The more the average joe finds out about it, the angrier he will get. It’s a huge step back in terms of cost to the consumer and patient care.
0bama stinks. Liar. Amateur. America is not a dictatorship.
I believe that border security components of "settled laws" have been defunded more than once.
Settled Law? Sure. OK.
But, there is always a but:
Funding of the enforcement or even the implementation of a law is up to the Congress and is put forward by the House of Representatives. That’s the real law.
There are numerous examples of laws that were never funded. We just want to add Obamcare to that list.
If it's harmful to Americans, the Democrats want to stick with destructive laws!
I have listened to a great deal of the recent proceeding in the House. The Dems have the litany:
Passed by House and Senate
Signed by the President
Upheld by SCOTUS
Ratified in 2012 election
Ergo, settled law.
Over and over and over they deliver that. I have YET to hear a Republican engage the settled law assertion on the floor.
My Congressman ( Roe - TN-1) will get a call this morning
Thank you. I am capable of communicating to my Congressman, in my own words, which I just did.
This is precisely the same argument democrats used in 1850 to justify slavery.
Some things never change.
Yet passing a law to force Americans to purchase something or a service sounds strangely like a law that has SLAVERY to the state as a by product.
And sorry if I am wrong, but how is that defined anywhere in the Constitution.
and BTW the Supreme question begs to be asked but who the hell do they think they are approving such a abomination.
I do not live my live asking to "buy their leave".