Tuesday, January 19, 2010
How Scott Brown Could Hurt Republicans
Tuesday, December 22, 2009
Prostitutes in Washington
Constitutionality of Obamacare Challenged
Ensign, DeMint to Force Vote on Health Care Bill Unconstitutionality
December 22, 2009 – WASHINGTON, D.C. – Today, U.S. Senators Jim DeMint (R-South Carolina) and John Ensign (R-Nevada), raised a Constitutional Point of Order on the Senate floor against the Democrat health care takeover bill on behalf of the Steering Committee, a caucus of conservative senators. The Senate will vote tomorrow on the bill’s constitutionality.
“I am incredibly concerned that the Democrats’ proposed individual mandate provision takes away too much freedom and choice from Americans across the country,” said Senator Ensign. “As an American, I felt the obligation to stand up for the individual freedom of every citizen to make their own decision on this issue. I don’t believe Congress has the legal authority to force this mandate on its citizens.”
“Forcing every American to purchase a product is absolutely inconsistent with our Constitution and the freedoms our Founding Fathers hoped to protect,” said Senator DeMint. “This is not at all like car insurance, you can choose not to drive but Americans will have no choice whether to buy government-approved insurance. This is nothing more than a bailout and takeover of insurance companies. We’re forcing Americans to buy insurance under penalty of law and then Washington bureaucrats will then dictate what these companies can sell to Americans. This is not liberty, it is tyranny of good intentions by elites in Washington who think they can plan our lives better than we can.”
Americans who fail to buy health insurance, according to the Democrats’ bill, would be subject to financial penalties. The senators believe the bill is unconstitutional because the insurance mandate is not authorized by any of the limited enumerated powers granted to the federal government. The individual mandate also likely violates the “takings” clause of the 5th Amendment.
The Democrats’ healthcare reform bill requires Americans to buy health insurance “whether or not they ever visit a doctor, get a prescription or have an operation.” If an American chooses not to buy health insurance coverage, they will face rapidly increasing taxes that will rise to $750 or 2% of their taxable income, whichever is greater.
The Congressional Budget Office once stated “A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States.”
A legal study by scholars at the nonpartisan Heritage Foundation concluded: “An individual mandate to enter into a contract with or buy a particular product from a private party, with tax penalties to enforce it, is unprecedented– not just in scope but in kind–and unconstitutional as a matter of first principles and under any reasonable reading of judicial precedents.”
Wednesday, August 26, 2009
Menu For Health Care Reform
Tom Purcell is a syndicated columnist for the Philedelphia Enquirer. He has written an excellent column about the attempted government takeover of our health care system.
Before the government takes over more of our health care system, the least it can do is make a decent sandwich.
Tuesday, July 7, 2009
We Don't Need No Stinkin' Senate
With the clock running out on a new US-Russian arms treaty before the previous Strategic Arms Reduction Treaty, or START, expires on December 5, a senior White House official said Sunday said that the difficulty of the task might mean temporarily bypassing the Senate’s constitutional role in ratifying treaties by enforcing certain aspects of a new deal on an executive levels and a “provisional basis” until the Senate ratifies the treaty.
Whoa…isn’t this the president who gave George W. Bush SUCH a hard time about Presidential Signing Statements, before he fell in love with them? Now, suddenly, it’s – hey, I’m Barack Obama, and I won; I don’t have to follow the constitution! I don’t even need that Senate!
President Clinton once said, “flick of the wrist, law of the land; pretty cool.” But even he understood that, umm…as Glenn says, if you bypass the Senate, it's not a treaty.
Wishing not to oversnark, Glenn writes:
A President can, of course, abide by a treaty even if it’s not ratified, so long as he’s not asserting any binding effect on parties not under his supervision, which is likely the case here. Still, it’s of a piece with the “it’s a rush, we don’t have time for the formalities” approach that this Administration has favored.
Emphasis mine, because it is so true: everything Obama does is hasty, rushed and performed under a big, flashing red sign that screams, “emergency; no time to discuss, no time to read, no time for bothersome procedure…just do what I want, and trust me, we’ll be fine…three minutes to critical mass…”
I can only imagine the guttural sounds of outrage that would be coming from the press and the left if Dubya had tried this.
Ed Morrissey wonders why this president needs to strongarm on this: “…how many seats in the Senate does Obama’s party hold? Isn’t it 60? If Obama is simply moving forward with a straightforward, supportable treaty with Russia to reduce nuclear stockpiles in an effective verification system, why couldn’t he get a quick ratification?
Well, that is, if the deal actually does put in place an effective verification system and doesn’t amount to a de facto unilateral disarmament. With exactly five months to win Senate approval, the effort by the Obama White House in floating this idea now makes it sound like Obama wants to give away the store in order to score some points with his 1980s no-nukes agenda. And as much as the Democrats howled over the supposed devotion of George Bush to a “unitary executive,” Obama seems to have no trouble bypassing the check on executive power for treaty negotiation written explicitly into the Constitution, in Article II, Section 2.

