Posted on 03/17/2010 3:41:24 PM PDT by sheikdetailfeather
Unconstitutional Health Care Solution? Law professor breaks down the legality of Dems pushing through reform without a vote
(Excerpt) Read more at foxnews.com ...
Hmmmm. Maybe we need to get the popcorn out! LOL!!!
Clearly not constitutional; Judge Napolitano sez the 9 Dancing Ito’s wont touch this (Supreme Court Justices).
Probably , maybe because it would invalidate previous less big deal laws that used the same tactics. I say bring it on, take it to the court. The Republicans will be able to clean up the aftermath of a ‘Unconstitutional’ ruling.
Seems to me, if this bill is passed this way, we the people have an ironclad case for TREASON charges on a bunch of DC elitists.
Whose right is health care? Do you think it's yours?Congressman Anthony Weiner has said that health care is not a commodity. If it isn't a commodity then do doctors and nurses have rights? Assigning health care the status of a right makes health care workers slaves to that right who must serve it. On what ground could a health care worker refuse to provide their products and services since that would violate the patient's "basic human right to health care."
That is a direct loss of individual rights for health care providers. The collective right of the people to receive health care would supersede the provider's individual right to set fees and hours or to change their occupational status or even decide how to apply their skills and knowledge if taken to its logical extreme. A collective right, by practical definition, is a state right because it is a right that is created and given by the government to those it chooses to give it to. It is not a natural right possessed by each person protected by the Constitution from the government. It is also a collective/state right by virtue of the fact that it would supersede individual rights when the two come into conflict. How else would the government view a right that it created and administers vs. one it has no control over?
Of course it isn't stated in any bill that a patient's right to care supersedes a provider's right to set fees and hours etc, but it doesn't need to. Rights, as always, are adjudicated in the courts. The Health Care Reform bills simply establish the foundation for the courts to rule in favor of the collective right.
Weiner’s view is collectivist, fascist and totalitarian. Collectivist because it has to be described as being a right of the many instead of the one and superior due to that fact. Fascist because ultimately the sole authority for its creation and oversight is from one entity the Federal government. Totalitarian because the Federal government is the enforcer of this collective right as well. State and local jurisdictions will have little say about it.
Congressman Weiner's view is the underlying philosophy of all of the Health Care Reform legislation in the House and Senate. Consider this section in the Senate version of the bill; the setting up of community watch dogs that will monitor citizens for various health parameters. Read pages 382 - 393.
TITLE I—QUALITY, AFFORDABLE HEALTH CARE FOR ALL AMERICANS pps 382 - 393
So, even citizens themselves will be subject to Federal regulations on their behavior in order to fulfill the "human right" of universal health care. It isn't the individual's liberty that is being protected by that it is the government's control over its own health care system that is being guarded. How much clearer can it be that these bills abrogate the concept of individual rights? Someone will be checking your lifestyle, according to gov regulations, to be certain you serve the best interests of the "basic human right to health care" ie. "the Public Option."
HCR is not just about rationing care and wealth redistribution. It's about the end of individual rights as the corrosive effects of the new collectivist "basic human right to health care" spreads throughout the legal and political systems like a virus.
I think that the main purpose of Health Care Reform (HCR) is as a direct assault on individual liberties.
Health Care is a Liberty Issue
Conservative Underground - 18 August 2009 - Tim DunkinAnother Stupid Argument: Heath Care is a Right
Obama's Authoritarian, Unconstitutional Health Care Proposal
To Americans Who Believe Healthcare is a Right
OBAMA: HEALTH CARE DESTROYING FREE SPEECH
Mandated health insurance threatens freedom, privacy
Second Bill of Rights aka FDR's economic bill of rights
(An early attempt to embed collective rights into American politics and society.)
Face it.....with 2,000-plus pages...you likely have over 300 potential challenges to the entire bill. There are various pieces that will go straight to court within thirty days of passing. And the Supreme Court will render dozens of these pieces null and void. Then the President will come to say that the Supreme Court represents a threat to American and their “rights” (mostly imaginary by this point). I suspect now that the real target of this entire game had nothing to do with health care...but targeting the Supreme Court and trying to reset it to a 6-3 margin tilting to the left. Why else would anyone waste time writing a 2,000 page bill?
I told her that this is suppose to be a representative government, and the people in her district overwhelming 2 to one were against Obamacare, but apparently she doesn't want to serve the people who elected her to serve ( which I didn't) and out she will go-—back to selling tires, with her family.
I am so angry, but not surprised. You should have seen the balderdash and obfuscating in her letter responding to my email last week.
Gabby, you are a disgrace!
Can I declare her unconstitutional now?
There’s as little reason to break down the legality of Dems pushing through reform without a vote as there is to break down the legality of Bonny and Clyde making withdrawals from unwilling banks. Both are equally corrupt acts of theft on a massive scale, with no regard to basic standards or written law.
OT...sorry, but don’t know how to post.
Aren’t Dennis Cordoza and Jim Costa getting “WATER BOARDED” in California!?!
(see Drudge—Water turned on for “yes” votes)
“...we the people have an ironclad case for TREASON charges on a bunch of DC elitists.”
.
And who do you think will listen to the people when the SCOTUS has been mute regarding this matter up to now? Even the matter of Obama’s identity remains unresolved.
Let me break it down for you:
1). Where in Art. I, Sec. 8 of the Constitution does Congress derive the power to make laws concerning health care?
2). Under what authority does Congress have the power to require that citizens purchase a good or service?
3). Art. 1, Sec. 7 of the Constitution requires that "[a]ll Bills for raising Revenue shall originate in the House of Representatives." The "health care" bill is a tax and control bill that originated in the Senate.
4). Art. 1, Sec. 2 of the Constitution states, "[e]very Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a Law, be presented to the President of the United States..."
5). A vast majority of citizens (67-75%) are against this "reform."
Political pundits call this "political maneuvering." I call it what it is, TYRANNY.
We will.
You don’t really believe that the target of the h/c bill is the SCOTUS, do you? Libtards have wanted to pass h/c for decades. They see it within their grasp and are desperate to get it done. The amount of money being spent in the bill itself to reward those voting yes is “unprecedented.” This is most definitely about h/c not the balance of the SCOTUS.
Pelosi, Slaughter went to court with Public Citizen against GOP in 2005 case that exposes Slaughter Solution flaw
If healthcare fails I’m buying into the market 100% with my retirement savings. If it passes, no way!
Cap gains taxes rise from 15% to 24% with this bill thats a 60% tax increase. Its a business killer.
I’m no expert but there are others who disagree with McConnell’s take. Prof. Balking of Yale, for one, has described a way that he feels “deem and pass” can be done which will meet the Constitutional standard:
http://balkin.blogspot.com/2010/03/can-deem-and-pass-be-successfully.html
However it’s not cut-and-dried, and a protracted legal battle would be good, regardless.
We all know that the whole thing is illegal (Unconstitutional) but they just don’t cake. They are trampling this country and its historical experiment into the dust. Marxists will always be Marxists and Barry is a Marxist!
My wife contacted Boswell’s office in Iowa. When they found out she was not from Iowa, thay hung up on her!
Real classy!/sarc
Let them spend their money in their coffers defending their record, deemed on not.
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