Saturday, August 22, 2009

No Deal! Nationalized Health Care is Unconstitutional

Well, I don't feel quite so silly now. Actually, I never did feel silly because I am literate so the plain text of the United States Constitution makes sense to me. My objection to the Democrats'(and some Republicans') desire to increase the federal government's role in health care comes down to one thing: they do not have the authority.

Today's Washington Post features an article by David Rivkin and Lee Casey that analyzes the constitutionality of the schemes Congress is discussing and they arrive at the same conclusion: ObamaCare, PelosiCare, LibCare or whatever name you want to give this fascist crusade, is unconstitutional. Congress has tried to use the "commerce clause" in the same way they use the "necessary and proper" clause; to exert unlimited and unrestrained power on any activity they believe they can exploit for political gain. The Supreme Court has, on occasion, stood up for state sovereignty and individual liberty, but too often have given deference to the Kremlin on the Potomac in their never-ending quest to expand their power.

Rivkin and Casey, however, are wrong about one thing. Congress doesn't recognize the presence of constitutional restraints. While they make a strong and succinct argument that nationalized health care falls outside the powers granted in Article I of the Constitution, they assume that Obama, Pelosi, Reid and the rest of the congressional cretins give a rat's rump about their legitimate powers. If they want to do it, they will do it. Whenever questions of constitutionality are brought up by journalists or constituents the arrogant legislators simply laugh or snort. At this point, they simply argue that they have made similar laws and created similar programs for decades, so obviously they can. Much of the Republican party is little better as they argue over the nuts-and-bolts details rather than whether or not it is a legitimate function of government.

Hopefully, Americans are becoming reacquainted with that little thing called the U.S. Constitution. It seems many citizens now want to hold Congress, the President, and the federal courts to account for the oath they all take. They swear on a Bible to protect and uphold the Constitution. Maybe we should send recordings of the swearing-in ceremonies to Obama's Office of Speech and Thought Control as examples of misinformation and lies.

No comments:

Post a Comment