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Political Discussion / Politics / Health Matters / We can still kill ObamaCare!

Posted:  06 Jan 2010 01:25   Last Edited By: GOParty
From the desk of Mathew Staver, Founder and Chairman of the Liberty Counsel

The battle to stop ObamaCare is not over.  In fact, this scandalous legislative sham has entered its most vulnerable phase. This socialist power grab still CAN and MUST be defeated!  Please read below - Mat.

Now that we've had a few blessed days of the Senate being in recess, it is all too clear why Harry Reid rushed his 2,074-page bill and its 383-page "Manager's Amendment" through in the middle of the night with just hours to read them. Reid's bill is unconstitutional!  If Congress has the power to force each person to have health insurance, then individual liberty would be totally meaningless!

That's why if a final bill passes that mandates individual coverage or requires private employers to provide coverage, Liberty Counsel WILL file suit in federal court challenging the bill's constitutionality.

And that's also why I need tens of thousands of Americans to sign our Statement of Support for this litigation.  We must win this battle in the courtroom and the court of public opinion in order to stop this socialist power grab once and for all!

ObamaCare was "hidden" because it is unlawful

There were many reasons why Harry Reid allowed no one but his closest insiders - and the White House arm twisters - to see his bill until just before Christmas.  For one thing, its "Tooth Fairy" accounting was even refuted by the Congressional Budget Office.

But the biggest reason was that Congress has NO AUTHORITY to force its socialist healthcare agenda on people and businesses in the first place!

Harry Reid's version of ObamaCare (H.R. 3590) and its "Manager's Amendment" are unconstitutional because:

    1)  Congress has NO authority to force every American to carry insurance coverage, and,
    2)  Congress has NO authority to fine employers whose policies do not have the mandated coverage.

No matter the desires of certain elected officials, there are some things Congress cannot do!  The threat to our liberty posed by ObamaCare goes far beyond healthcare.  If Congress can get away with this expansive power grab, then individual liberty and state sovereignty will vanish!

Both the Senate and House versions of "healthcare reform" are patently unconstitutional.

C.T., if this monstrous, anti-life, anti-family
healthcare bill passes, it must be strongly challenged in the federal judiciary from the moment of its birth. Liberty Counsel stands ready to do exactly that!

ObamaCare deserves the "Mother of All Protests"

Pro-life and conservative organizations are going all out in the days before Congress re-convenes to express the greatest protest Congress has ever seen over Harry Reid's, Nancy Pelosi's and Barack Obama's dirty tricks.

Americans nationwide are expressing OUTRAGE at Congress's overt manipulation and total lack of integrity.  Reid, Pelosi and Obama have proven they will do anything to get this government takeover of our medical industry.

Now more than ever, the socialists and abortion advocates need to understand that WE HAVE NOT GIVEN UP and will resist passage of ObamaCare to the very end.  Then, if it does finally pass, we'll SEE THEM IN COURT!

Here's what I'm asking you to do…

Sign the Statement of Support for our lawsuit.

We want to deliver hundreds of thousands of these Statements to all the key plotters behind ObamaCare.  Reid, Pelosi, Obama and all their confederates need to know they're not going to get away with this travesty!  Go here right now:

http://www.libertyaction.org/r.asp?U=23927&CID=297&RID=11938805

Now is NOT the time to be silent!  Join like-minded Americans who will be putting the plotters on notice that if they pass a final version of this unconstitutional bill, we will immediately file a federal lawsuit to stop this power grab once and for all. God bless you!

Brought to you by
GOParty

__________________
Any fool can criticize, condemn, and complain. And most fools do! - Benjamin Franklin
Posted:  06 Jan 2010 12:25
You and I normally don't see eye to eye on much GOParty. We are in complete accord here.
__________________
But the backdrops peel and the sets give way and the cast get eaten by the play, there's a murderer at the matinee, there are dead men in the aisles

And the patrons and the actors too are uncertain if the show is through and with sidelong looks await their cue, but the frozen mask just smiles
Posted:  06 Jan 2010 21:39
I'm with you too, defeat Obamacare!
__________________
Lucas McCain the Rifleman: A man doesn't run from a fight, Mark...but that doesn't mean you should go running *to* one, either.
Posted:  07 Jan 2010 21:43
I would suggest that the legal argument this group is making is weak at best, and baseless at face.

There is no aspect of the constitution which prevents the state from making any requirements of individuals.

The rights of the constitution are quite well enumerated, among them is not the right to not buy health insurance.

The federal government can require employers (and does for employers of a certain size) to provide health benefits.  You may have a better argument on the individual mandate, but even that requires you to get all wishy washy on what the constituion says, something the strict constructionists currently on the court are likely loath to do.

The government has every right to fine corporations and individuals that step outside the laws as written.

Beyond that, the life issue is a complete nonstarter.  Aside from thier being a constitutionally protected right to abortion, there is no constitutional guarantee to prevent federal funds from going to abortion providers (there is a law, but that is differnt than a constitutional guarantee).  In truth you would have an easier time arguing that as abortion is a legal protected procedure the states singling it out for denial of funds is possibly unconstitutional (but that is also a streatch, thoough less than this one).

I'm not saying it's right to require individuals to have health insurance, (I personally come down in favor of single payer) but there is nothing preventing the state from doing so.
Posted:  08 Jan 2010 16:10
There is too Matches. It's us.
__________________
Lucas McCain the Rifleman: A man doesn't run from a fight, Mark...but that doesn't mean you should go running *to* one, either.
Posted:  11 Jan 2010 20:32
Sorry Tim.  Us isn't in the constitution, and as such Us has no influence in whether or not a law is unconstitutinoal.

Yes, the people hold the ultimate check on power through their vote, and their ability to reward or punish their representatives via political action, but that does not make the actions of said duely elected representatives unconstitutional. Quite the opposite really.

The People have placed the president and congress in the position they now are in, and they are under no obligation to follow the oft shifting polls, but to make the best choices as they see fit to make laws for this country.

The same is true for the minority who have used every tool in their posession perhaps at times at their own political cost to make choices as they best see fit for the nation. 

The resulting compromise legislation is perhaps far more than some would like, and far less than others would like, and exactly what some others would like.  It is the best and the worst of the men and women gathered to debate the issue, just as our constitution itself was.

Since there is no unconstitional power grab involved in this issue, I find it hard to see exactly where the constitutionality questions rises up out of.
Posted:  11 Jan 2010 20:52
We the people, bro, We the people!
__________________
Lucas McCain the Rifleman: A man doesn't run from a fight, Mark...but that doesn't mean you should go running *to* one, either.
Posted:  11 Jan 2010 20:56
Yes, we the people elected Obama and the Congress which is producing the health care bill.

That doesn't make it unconstitutional.
Posted:  13 Jan 2010 22:26
More from the desk of Mathew Staver, Founder and Chairman of the Liberty Counsel

You and I have just witnessed one of the most corrupt legislative sessions in American history.  Now we have learned that one of the key "experts" pushing ObamaCare was also bought and paid for!
Please read below

The New York Times has exposed Jonathan Gruber, a professor of economics at M.I.T., as having published an article on their Op-Ed page supporting ObamaCare without disclosing that he had an ongoing consulting relationship with HHS. The Times noted that Professor Gruber had signed a contract
obligating him to reveal such relationships.  It would have been impossible for him to "forget" his consultancy - he had nearly $400,000 worth of lucrative contracts with HHS at the time!

++But wait - it gets much, much worse...

Popular blog site Firedoglake revealed last Friday that the Obama Administration has paid Gruber more than $780,000 in TAX DOLLARS to make the public case for health care reform! Jonathan Gruber's work has been extensively cited by the White House, Members of Congress, and the media continuously since ObamaCare came onto the scene, but NOT ONCE did anyone in the administration disclose he was on their payroll!

Here's Gruber's lame explanation: "All my editorials or public reports have been done on my own time."  I guess he expects us to believe that his views weren't influenced by the nearly one million dollars he's gotten so far!

++More "Chicago on the Potomac"

The Jonathan Gruber revelation is just the latest public exposure of the graft and dishonesty which has characterized the way the Obama/Pelosi/Reid power axis has advanced ObamaCare. Given what we know, can you imagine what else is under the table?!

Just before Christmas, Senate Majority Leader Harry Reid ystematically bought off every Democrat member of the Senate who could possibly derail his crucial cloture vote.  When all the "bribes" were handed out, Reid had the required 60 votes to choke off debate in the middle of the night. The congressional leadership and the Obama White House arm twisters have literally drug our nation down to the level of
a cheap banana republic!  They know their popular support is plummeting.  They have become desperate and will stop at nothing.

Honest Americans have been nauseated as we have learned:

** Senator Mary Landrieu (D-LA) received $300 million in extra federal spending for her state in what critics derisively called "The Second Louisiana Purchase."

** Senator Ben Nelson (D-NE) accepted a deal exempting his state from new Medicaid costs and several other long-term perks. Nelson's purchase has been dubbed the "Cornhusker Kick Back."

** Many other bribes and "special provisions" affected the states of Vermont, North and South Dakota, Wyoming, Massachusetts, Hawaii, Michigan, Florida, and Connecticut.

But perhaps most painful of all, we have watched a smug Harry Reid justifying his corrupt acts by suggesting it is every senator's DUTY to get pay-offs for their votes!

"If they don't have something in it important to them, then it doesn't speak well of them," Reid said in a post-cloture interview. So much for the integrity of the United States Senate!

++On top of all the corruption, ObamaCare is unconstitutional!
If you wondered why Harry Reid rushed his 2,074-page bill and its 383-page "Manager's Amendment" through in the middle of the night with just hours to read them, then here's at least one answer...
      Right there on page 1,020, the tyrannical Senate majority insists that no future Congress can repeal or otherwise amend the section on "Independent Medical Advisory Boards."

You will probably remember that socialists mocked Governor Sarah Palin for calling such independent boards "death panels." Yet Governor Palin was correct in her assessment - what else would you call boards with the power to grant or deny life-saving care using some pseudo-scientific "cost-benefit" formula?

Carefully hidden away in Reid's version of ObamaCare is a section that gives these boards far more power and permanence than the Constitution allows to ANY government entity!

++ If this bill becomes law, Liberty Counsel will challenge its constitutionality in court!

Every version of ObamaCare we've seen so far is unconstitutional because:

      1)  Congress has NO authority to force every American to carry insurance coverage, and,
      2)  Congress has NO authority to fine employers whose policies do not have the mandated coverage.

My fellow Americans, if this monstrous healthcare bill passes, it must be strongly challenged in the federal judiciary from the moment of its birth.  Liberty Counsel will do exactly that!

++But for now, especially since there is an increasing outcry against ObamaCare's corruption, we MUST continue to make Congress hear our voice!

We are going all out to BURY Congress in protest over this endless procession of dirty tricks.  And it looks like ObamaCare is more vulnerable than ever due to the recent sordid revelations of bribery and scandal.

Americans nationwide are expressing OUTRAGE at this overt manipulation and total lack of integrity.  Reid, Pelosi and Obama have proven they will do anything to get this government takeover of our medical industry.

Now more than ever, the socialists and abortion advocates need to understand that WE HAVE NOT GIVEN UP and will resist to the very end! If Reid loses one vote in the Senate or Pelosi three or four in the House, then ObamaCare will not pass! CALL OR E-MAIL YOUR REPRESENTATIVES NOW!

This damning evidence brought to you by:
GOParty

__________________
Any fool can criticize, condemn, and complain. And most fools do! - Benjamin Franklin
Posted:  13 Jan 2010 22:42
Quote:
      1)  Congress has NO authority to force every American to carry insurance coverage, and,
      2)  Congress has NO authority to fine employers whose policies do not have the mandated coverage.


As has been pointed out this is patently flase.

Please provide a supreme court precident or section of the Constitution which states either of these facts to be the case.  Even a reasonable interpretation of a section of the constitution will be acceptable as well so long as prior law and prescident does not contradict that interpretation.

Otherwise you are just embarassing yourself.

It's fine to oppose the Health Care Reform Package on the grounds of various personal belifes, but making blatant false claims just makes you seem like those crying that Obama is illeligable for his office because he was Born in Kenya.  Even if he were, he is still eligable for the office of the President as his natural born status was confered by his mother's citizenship.  That is the law, that is the supreme court prescident.  Claiming anything else makes you look foolish.
Posted:  14 Jan 2010 00:35
http://krugman.blogs.nytimes.com/2010/01/11/jonathan-gruber/

Quote:
What the folks at Firedoglake should ask themselves is this: do you really want to become just like the right-wingers with their endless supply of fake scandals?

The bottom line is this: Jon Gruber is a technical expert, some of whose research has been supported — entirely properly — by government agencies. And we need his input into policy.

__________________
But the backdrops peel and the sets give way and the cast get eaten by the play, there's a murderer at the matinee, there are dead men in the aisles

And the patrons and the actors too are uncertain if the show is through and with sidelong looks await their cue, but the frozen mask just smiles