The stage is set for the Supreme Court to become involved, whether they wish to or not, in the decision of whether or not forcing citizens of Main Street USA to purchase health insurance is unconstitutional.
While there certainly is debate centered around other portions of the incredibly massive piece of porked-out legislation, the rulings of two Federal judges that Congress has overstepped its authority by relying upon the Commerce Clause of the United States Constitution (while two others ruled the opposite) all but guarantees the highest court's involvement.
Simply put, the Commerce Clause (Article I) grants Congress the power to "...regulate commerce with foreign nations, and among the several states, and with the Indian tribes."
Throughout the decades the Supreme Court has used that particular clause very very broadly, including rulings on Depression-era farm quotas as well as bans on racial discrimination in the 1960s.
This Main Streeter finds it extremely difficult to fathom exactly how racial discrimination fits into the Commerce Clause. Whether one is Democrat, Republican or Independent, how could it be that human beings are considered as commerce?
In reality, the court used this clause because a company that was discriminating earned a majority of it's revenue through interstate commerce. That still seems a stretch when, in fact, the country was founded in the belief that all people are created equal. Consider that the 14th Amendement (1868) guarantees equal protection under the law and racial discrimination would quality as something which is not equal. It seems, therefore, that the 14th Amendment offers a quite superior legal standing to ban racial discrimination.
In an attempt to determine what may or may not have been included in the thoughts and intentions of our Founding Fathers regarding the Commerce Clause, the reference used was the American Dictionary of the English Language, by Noah Webster, 1828.
It was thought that perhaps by using a dictionary from that time period there could be some light shed on the issue at hand today (and perhaps even some of those earlier court decisions that do not quite seem to fit).
The definition of Commerce is: "In a general sense, an interchange or mutual change of goods, wares, productions, or property of any kind, between nations or individuals, either by barter, or by purchase and sale; trade; traffick." It further defines inland commerce as: "...the trade of commodities between citizens of the same nation."
Turning a page, the definition of Commodity is: "...anything that is useful, but particularly in commerce, including everything movable that is bought and sold, goods, wares, merchandise, produce of land and manufactures. Unless perhaps animals may be excepted, the word includes all the movables which are objects of commerce."
Based upon the above definitions, which were used by those responsible for writing and implementing the Constitution it seems clear that mandating that a citizen of the United States purchase health insurance through the vehicle known as the Affordable Care Act is, indeed, unconstitutional.
It really is not even debatable.
That, coupled with the actual wording of the Article in question ("regulate commerce with foreign nations, and among the several states, and with the Indian tribes"), indicates that Article I gives absolutely NO power to Congress to force citizens (i.e., individuals) to purchase anything.
Undoubtedly someone will be called upon, when all is said and done and attorneys for both sides have voiced their last convincing words, to write a decision. And that document will more than likely be scores and scores of pages, when, in fact, it boils down to just a couple.
And, as a last thought, allowing Capitol Hill to mandate what an individual must purchase opens the door for future edicts by those elected representatives who are supposed to be serving the interests of Americans, not dictating them.
Over For Now.
Main Street One
Showing posts with label Constitution. Show all posts
Showing posts with label Constitution. Show all posts
Wednesday, February 2, 2011
Wednesday, January 12, 2011
Philadelphia, Pennsylvania, USA
Few cities in the United States have the history of the country so deeply entrenched.
Philadelphia's central location in the colonies made it a natural center for America's revolutionaries. The city played host to the First Continental Congress prior to the war, was the location of the signing of the United States Declaration of Independence at the Second Continental Congress during the war and was the locale of the Constitutional Convention after the war. From 1790-1800 Philadelphia served as the temporary capital of the nation while the Federal City was being constructed in the District of Columbia.
Here now is a very brief photographic tour within the City of Brotherly Love, Philadelphia.
There is much more to the City of Brotherly Love than these few images and throughout the year more will be added to provide a personal view of the city.
Over For Now.
Main Street One
Philadelphia's central location in the colonies made it a natural center for America's revolutionaries. The city played host to the First Continental Congress prior to the war, was the location of the signing of the United States Declaration of Independence at the Second Continental Congress during the war and was the locale of the Constitutional Convention after the war. From 1790-1800 Philadelphia served as the temporary capital of the nation while the Federal City was being constructed in the District of Columbia.
Here now is a very brief photographic tour within the City of Brotherly Love, Philadelphia.
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| Liberty Bell |
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| Declaration of Independence (enlarged) & Thomas Jefferson |
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| George Washington Monument |
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| Swann Memorial Fountain |
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| Benjamin Franklin - Craftsman |
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| General George McClellan & William Penn (top of building) |
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| Philadelphia Love |
Over For Now.
Main Street One
28th Amendment ? ? ?
While Main Street USA struggles to make ends meet, our elected representatives continue with their lifestyle, complete with full staff and expense accounts.
Curious that I have never heard of layoffs happening on Capitol Hill. Perhaps there have been during this economic downturn, and, if so, this American missed the notices.
But, more to the point, our leaders create rules and regulations that apply to everyone but themselves. The most blatant was when they voted to exempt themselves from last year's healthcare reform bill. If it is such a great piece of legislation, why are they not taking part with the rest of us?
Another why-on-Earth-do-they-get-this-perk is that staffers of Congress members and family are exempt from having to pay back student loans. That, quite frankly, is unjust and criminal.
More annoying, perhaps, is that those sitting in Washington DC can mandate a retirement age for all, except, of course, themselves.
To ensure that all citizens are on equal footing, there should be a 28th Amendment.
It should read (not my wording, it was received in an email forward):
Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators and/or Representatives; and, Congress shall make no law that applies to the Senators and/or Representatives that does not apply equally to the citizens of the United States.
Unfortunately, as Congress would have to pass this, it more than likely will never come about.
Perhaps it could be an initiative voted on by the people to become law.
One can hope.
Over For Now.
Main Street One
Curious that I have never heard of layoffs happening on Capitol Hill. Perhaps there have been during this economic downturn, and, if so, this American missed the notices.
But, more to the point, our leaders create rules and regulations that apply to everyone but themselves. The most blatant was when they voted to exempt themselves from last year's healthcare reform bill. If it is such a great piece of legislation, why are they not taking part with the rest of us?
Another why-on-Earth-do-they-get-this-perk is that staffers of Congress members and family are exempt from having to pay back student loans. That, quite frankly, is unjust and criminal.
More annoying, perhaps, is that those sitting in Washington DC can mandate a retirement age for all, except, of course, themselves.
To ensure that all citizens are on equal footing, there should be a 28th Amendment.
It should read (not my wording, it was received in an email forward):
Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators and/or Representatives; and, Congress shall make no law that applies to the Senators and/or Representatives that does not apply equally to the citizens of the United States.
Unfortunately, as Congress would have to pass this, it more than likely will never come about.
Perhaps it could be an initiative voted on by the people to become law.
One can hope.
Over For Now.
Main Street One
Wednesday, July 7, 2010
To Usurp or not to Usurp, is that even a question
According to the Associated Press in a news item, "The federal lawsuit against Arizona's tough new immigration law focuses heavily on a question that has been in the spotlight repeatedly the past decade and dates back to the Founding Fathers: The right of the government to keep states from enacting laws that usurp federal authority."
It is hard to imagine where the federal government thinks it has such authority.
Those on Capitol Hill and in the White House would do well to re-study the Declaration of Independence, the Constitution and the Bill of Rights.
The States formed the federal government, called the United States of America.
The states gave the federal government certain rights.
Any rights not specifically granted the fed were reserved to the States and to the People.
As the 10th Amendement, Reserved Rights, states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
This is Civics 101, US History 101 and on and on. It is a basic within this free society.
Unfortunately, those in Washington DC seem to feel that the almighty federal government has limitless power to do as it wishes.
That is not the case.
Aside from the fact that the federal government does not have a case in suing the State of Arizona, this is a waste of taxpayer money.
Main Street USA will bear the burden of the costs of such a trial.
This senseless action by our elected officials shows that they are out of touch with reality...the reality of the United States of America and its Founding Fathers and the very documents that made this a free nation.
Over For Now.
Main Street One
It is hard to imagine where the federal government thinks it has such authority.
Those on Capitol Hill and in the White House would do well to re-study the Declaration of Independence, the Constitution and the Bill of Rights.
The States formed the federal government, called the United States of America.
The states gave the federal government certain rights.
Any rights not specifically granted the fed were reserved to the States and to the People.
As the 10th Amendement, Reserved Rights, states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
This is Civics 101, US History 101 and on and on. It is a basic within this free society.
Unfortunately, those in Washington DC seem to feel that the almighty federal government has limitless power to do as it wishes.
That is not the case.
Aside from the fact that the federal government does not have a case in suing the State of Arizona, this is a waste of taxpayer money.
Main Street USA will bear the burden of the costs of such a trial.
This senseless action by our elected officials shows that they are out of touch with reality...the reality of the United States of America and its Founding Fathers and the very documents that made this a free nation.
Over For Now.
Main Street One
Saturday, July 3, 2010
Independence Day - Birth of a Nation
As America's Independence Day draws near it is an absolutely invigorating activity to visit Philadelphia, where there is so much rich and vivid history regarding the Birth of a Nation.
Within just a few blocks a person can wander and see the Liberty Bell, Independence Hall, the National Constitution Center, the home of Betsy Ross, and much much more.
Within the walls of the various centers are, of course, gift shops, where a plethora of history awaits anyone who wishes to discover what our Founding Fathers dreamed and envisioned for this nation.
Philadelphia, Birth of a Nation
One thing that all Americans should do is to re-read the Declaration of Independence at this time each year.
Below is the last paragraoh from that most valued written work, one that defines what these people were made of and what they most desired and, above all else, how they felt about their actions.
"We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor."
In this document, as well as the Constitution of the United States, it is well laid out that rights of the States and of personal liberties were absolute.
Politicians should well remember this as America has veered from its course.
And it must get back on track.
Over For Now.
Main Street One
Within just a few blocks a person can wander and see the Liberty Bell, Independence Hall, the National Constitution Center, the home of Betsy Ross, and much much more.
Within the walls of the various centers are, of course, gift shops, where a plethora of history awaits anyone who wishes to discover what our Founding Fathers dreamed and envisioned for this nation.
Philadelphia, Birth of a Nation
One thing that all Americans should do is to re-read the Declaration of Independence at this time each year.
Below is the last paragraoh from that most valued written work, one that defines what these people were made of and what they most desired and, above all else, how they felt about their actions.
"We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor."
Politicians should well remember this as America has veered from its course.
And it must get back on track.
Over For Now.
Main Street One
Monday, April 19, 2010
And The Survey Says . . .
In the latest set of surveys from the Pew Research Center, as reported by The Associated Press, the headline reads: "4 out of 5 Americans don't trust Washington."
Prior to commenting on the specifics, it must be pointed out that there is apathy on Capitol Hiill.
The AP story carried this: Sen. Scott Brown, a Republican who won a long-held Democratic Senate seat in Massachusetts in January by seizing on public antagonism toward Washington, said: "It's clear Washington is broken. There's too much partisan bickering to be able to solve the problems people want us to solve."
Reading that quote by Senator Brown again, perhaps it is not apathy.
However, if our elected represenatives cannot get past their childish "partisan bickering" then there should be a recall election for all seats in both the Senate and House of Represntatives.
The reason? Read the polls.
Main Street USA does not want bigger, more controlling government.
The People did not want the "Health Care Rights Bill" as it was signed into law.
Taxpaying citizens do want officials to represent them, not the beauracrat's "wiser than thou" attitude reflecting how they know what is best for the "people on the street" (based on voting records).
The Pew poll findings, per AP, state; "Majorities in the survey call Washington too big and too powerful, and say it's interfering too much in state and local matters."
And there is not one political figure today who can deny that sentiment being displayed, over and over again, by Main Streeters. And, if one does, that person is vacationing (while being paid to work) and has absolutely no grasp on reality.
That the White House and Congress continue to charge ahead with an attitude that crosses public (i.e., voter) opinion, as well as matters of Constitutional Law, regarding the functions of the federal government does show, unfortunately, that the silent majority has allowed, for far too long, the usurpation of state power and individual responsibility.
The system as created by our Founding Fathers does work. That has been proven over time.
We need them back.
Minimally, we need people of the caliber of Patrick Henry, John Adams, Thomas Jefferson, Benjamin Franklin and others like them who had integrity and spirit, who actually fought for the people.
Our founders were not concerned about their pension plan, free flights across the country anytime they wanted, huge staff with virtually unlimited budgets, all paid for by taxpaying citizens who have become more and more burdened by the national debt.
They were concerned about rights and liberties.
They knew too well, through their knowledge of history, into what a too-powerful central government would evolve.
Politicians need to remember this, above all else. The People agreed to create and form states. The states created the federal government.
The Constitution and the Bill of Rights protect those who created this country.
If those who were elected to serve do not start doing so, they deserve to be impeached with absolutely no benefits, pensions or retirement, as they have committed treason against this country.
Over For Now.
Main Street One
Prior to commenting on the specifics, it must be pointed out that there is apathy on Capitol Hiill.
The AP story carried this: Sen. Scott Brown, a Republican who won a long-held Democratic Senate seat in Massachusetts in January by seizing on public antagonism toward Washington, said: "It's clear Washington is broken. There's too much partisan bickering to be able to solve the problems people want us to solve."
Reading that quote by Senator Brown again, perhaps it is not apathy.
However, if our elected represenatives cannot get past their childish "partisan bickering" then there should be a recall election for all seats in both the Senate and House of Represntatives.
The reason? Read the polls.
Main Street USA does not want bigger, more controlling government.
The People did not want the "Health Care Rights Bill" as it was signed into law.
Taxpaying citizens do want officials to represent them, not the beauracrat's "wiser than thou" attitude reflecting how they know what is best for the "people on the street" (based on voting records).
The Pew poll findings, per AP, state; "Majorities in the survey call Washington too big and too powerful, and say it's interfering too much in state and local matters."
And there is not one political figure today who can deny that sentiment being displayed, over and over again, by Main Streeters. And, if one does, that person is vacationing (while being paid to work) and has absolutely no grasp on reality.
That the White House and Congress continue to charge ahead with an attitude that crosses public (i.e., voter) opinion, as well as matters of Constitutional Law, regarding the functions of the federal government does show, unfortunately, that the silent majority has allowed, for far too long, the usurpation of state power and individual responsibility.
The system as created by our Founding Fathers does work. That has been proven over time.
We need them back.
Minimally, we need people of the caliber of Patrick Henry, John Adams, Thomas Jefferson, Benjamin Franklin and others like them who had integrity and spirit, who actually fought for the people.
Our founders were not concerned about their pension plan, free flights across the country anytime they wanted, huge staff with virtually unlimited budgets, all paid for by taxpaying citizens who have become more and more burdened by the national debt.
They were concerned about rights and liberties.
They knew too well, through their knowledge of history, into what a too-powerful central government would evolve.
Politicians need to remember this, above all else. The People agreed to create and form states. The states created the federal government.
The Constitution and the Bill of Rights protect those who created this country.
If those who were elected to serve do not start doing so, they deserve to be impeached with absolutely no benefits, pensions or retirement, as they have committed treason against this country.
Over For Now.
Main Street One
Thursday, April 1, 2010
Lest We All Forget
For some, perhaps many, the Bill of Rights is taken for granted.
The original 10 amendments to the U.S. Constitution were, however, hotly contested by several of our Founding Fathers, fearing too much power was granted to the newly formed "federal government."
Following the Philadelphia Convention, various statesmen, Patrick Henry among them, very publicly argued against the Constitution.
Several were concerned that the government proposed by the Federalists was too strong and a very real threat to individual rights and, in fact, believed that the President could become a king.
Let us not forget that for which patriots fought to ensure rights for each citizen:
1st Amendment-Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
2nd Amendment-A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
3rd Amendment-No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
4th Amendment-The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
5th Amendment-No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
6th Amendment-In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
7th Amendment-In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
8th Amendment-Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
9th Amendment-The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
10th Amendment-The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Over For Now.
Main Street One
The original 10 amendments to the U.S. Constitution were, however, hotly contested by several of our Founding Fathers, fearing too much power was granted to the newly formed "federal government."
Following the Philadelphia Convention, various statesmen, Patrick Henry among them, very publicly argued against the Constitution.
Several were concerned that the government proposed by the Federalists was too strong and a very real threat to individual rights and, in fact, believed that the President could become a king.
Let us not forget that for which patriots fought to ensure rights for each citizen:
1st Amendment-Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
2nd Amendment-A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
3rd Amendment-No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
4th Amendment-The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
5th Amendment-No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
6th Amendment-In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
7th Amendment-In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
8th Amendment-Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
9th Amendment-The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
10th Amendment-The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Over For Now.
Main Street One
Thursday, February 11, 2010
Short and Sweet from James Madison
"I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents."
"All men having power ought to be distrusted to a certain degree."
"Equal laws protecting equal rights are the best guarantee of loyalty and love of country."
"Public opinion sets bounds to every government, and is the real sovereign in every free one."
"The operations of the federal government will be most extensive and important in times of war and danger; those of the State governments, in times of peace and security."
"There are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations."
"It is the reason alone, of the public, that ought to control and regulate the government."
"Charity is no part of the legislative duty of the government."
Over For Now.
Main Street One
"All men having power ought to be distrusted to a certain degree."
"Equal laws protecting equal rights are the best guarantee of loyalty and love of country."
"Public opinion sets bounds to every government, and is the real sovereign in every free one."
"The operations of the federal government will be most extensive and important in times of war and danger; those of the State governments, in times of peace and security."
"There are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations."
"It is the reason alone, of the public, that ought to control and regulate the government."
"Charity is no part of the legislative duty of the government."
Over For Now.
Main Street One
Patrick Henry on Democracy & Individual Rights
Patrick Henry did not support the ratification of the U.S. Constitution.
The reason was simple; the document did not protect the citizen and gave too much power to centralized government.
The following excerpt is from his speech at the Virginia Ratifying Convention held on June 5, 1788, whereby Founding Father, Patrick Henry, speaks of democracy:
"What, sir, is the genius of democracy? Let me read that clause of the bill of rights of Virginia which relates to this: 3d clause: — that government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community. Of all the various modes and forms of government, that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of mal-administration; and that whenever any government shall be found inadequate, or contrary to those purposes, a majority of the community hath an indubitable, unalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.
"This, sir, is the language of democracy — that a majority of the community have a right to alter government when found to be oppressive. But how different is the genius of your new Constitution from this! How different from the sentiments of freemen, that a contemptible minority can prevent the good of the majority!" (He was speaking of the language regarding amendments whereby, in reality, ten or twenty percent of the population could effectively stop any amendement to the Constitution. Thus "We the people..." would have become very meaningless without protection of the rights espoused in the Declaration of Independence.)
While Patrick Henry failed to convince the Virginia convention to defeat ratification, his pursuit of individual liberty was relentless and led to the adoption of the Bill of Rights.
We need people such as Patrick Henry in government today fighting for Main Street USA. For true democracy. For smaller, less controlling government. For speaking up, against any odds, for the rights of each individual American.
Over For Now.
Main Street One
The reason was simple; the document did not protect the citizen and gave too much power to centralized government.
The following excerpt is from his speech at the Virginia Ratifying Convention held on June 5, 1788, whereby Founding Father, Patrick Henry, speaks of democracy:
"What, sir, is the genius of democracy? Let me read that clause of the bill of rights of Virginia which relates to this: 3d clause: — that government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community. Of all the various modes and forms of government, that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of mal-administration; and that whenever any government shall be found inadequate, or contrary to those purposes, a majority of the community hath an indubitable, unalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.
"This, sir, is the language of democracy — that a majority of the community have a right to alter government when found to be oppressive. But how different is the genius of your new Constitution from this! How different from the sentiments of freemen, that a contemptible minority can prevent the good of the majority!" (He was speaking of the language regarding amendments whereby, in reality, ten or twenty percent of the population could effectively stop any amendement to the Constitution. Thus "We the people..." would have become very meaningless without protection of the rights espoused in the Declaration of Independence.)
While Patrick Henry failed to convince the Virginia convention to defeat ratification, his pursuit of individual liberty was relentless and led to the adoption of the Bill of Rights.
We need people such as Patrick Henry in government today fighting for Main Street USA. For true democracy. For smaller, less controlling government. For speaking up, against any odds, for the rights of each individual American.
Over For Now.
Main Street One
Saturday, January 16, 2010
House Healthcare & The Bill of Rights
In the two previous posts, there were quotes from retired Constitutional Attorney Michael Connelly, a man who has read the entirety of House Bill 3200, regarding what the proposed legislation contained in the Bill passed by the House contains and how three of our original 10 Rights could potentially be destroyed.
Here are two more of those Rigths potentially devastated:
"The 9th Amendment provides: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people;
"The 10th Amendment states: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are preserved to the States respectively, or to the people.
"Under the provisions of this piece of Congressional handiwork neither the people nor the states are going to have any rights or powers at all in many areas that once were theirs to control.
"This is not about health care; it is about seizing power and limiting rights.
"Article 6 of the Constitution requires the members of both houses of Congress to 'be bound by oath or affirmation to support the Constitution.' If I was a member of Congress I would not be able to vote for this legislation or anything like it, without feeling I was violating that sacred oath or affirmation. If I voted for it anyway, I would hope the American people would hold me accountable.
"For those who might doubt the nature of this threat, I suggest they consult the source, the US Constitution, and Bill of Rights. There you can see exactly what we are about to have taken from us."
Taken from us...
Main Street USA, please wake up!
If the healthcare bill as proposed by either the House or Senate passes (with ample pork that President Obama promised each and every American would never be in legislation that he signs) our Rights are lost.
Our Privacy is lost.
This is the ultimate in political corruption...far worse than just accepting bribes. Those voting in favor of this legislation on Capitol Hill are committing Treason at the highest level.
If it passes, America as you know it (or have known it) will simply cease to exist.
Is it any wonder why there are Democratic Senators who have decided to retire.
Why should they worry about another election and the possibility of losing when America finds out that the country has been sold down the river.
They have a VERY cushy retirement (AND benefits!).
Unlike most of us.
Thomas Jefferson said this, "Government big enough to supply everything you need is big enough to take everything you have ... The course of history shows that as a government grows, liberty decreases."
Over For Now.
Main Street One
Here are two more of those Rigths potentially devastated:
"The 9th Amendment provides: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people;
"The 10th Amendment states: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are preserved to the States respectively, or to the people.
"Under the provisions of this piece of Congressional handiwork neither the people nor the states are going to have any rights or powers at all in many areas that once were theirs to control.
"This is not about health care; it is about seizing power and limiting rights.
"Article 6 of the Constitution requires the members of both houses of Congress to 'be bound by oath or affirmation to support the Constitution.' If I was a member of Congress I would not be able to vote for this legislation or anything like it, without feeling I was violating that sacred oath or affirmation. If I voted for it anyway, I would hope the American people would hold me accountable.
"For those who might doubt the nature of this threat, I suggest they consult the source, the US Constitution, and Bill of Rights. There you can see exactly what we are about to have taken from us."
Taken from us...
Main Street USA, please wake up!
If the healthcare bill as proposed by either the House or Senate passes (with ample pork that President Obama promised each and every American would never be in legislation that he signs) our Rights are lost.
Our Privacy is lost.
This is the ultimate in political corruption...far worse than just accepting bribes. Those voting in favor of this legislation on Capitol Hill are committing Treason at the highest level.
If it passes, America as you know it (or have known it) will simply cease to exist.
Is it any wonder why there are Democratic Senators who have decided to retire.
Why should they worry about another election and the possibility of losing when America finds out that the country has been sold down the river.
They have a VERY cushy retirement (AND benefits!).
Unlike most of us.
Thomas Jefferson said this, "Government big enough to supply everything you need is big enough to take everything you have ... The course of history shows that as a government grows, liberty decreases."
Over For Now.
Main Street One
House Healthcare Bill & Your Rights
More from Retired Constitutional Attorney Michael Connelly (who has read, in its entirety, proposed House Bill 3200), regarding the Rights and Privacy of all of Main Street USA:
"I have concluded that this legislation really has no intention of providing affordable health care choices. Instead it is a convenient cover for the most massive transfer of power to the Executive Branch of government that has ever occurred, or even been contemplated. If this law, or a similar one is adopted, major portions of the Constitution of the United States will effectively have been destroyed.
"The first thing to go will be the masterfully crafted balance of power between the Executive, Legislative, and Judicial branches of the U.S. Government. The Congress will be transferring to the Obama Administration authority in a number of different areas over the lives of the American people, and the businesses they own.
"The irony is that the Congress doesn't have any authority to legislate in most of those areas to begin with! I defy anyone to read the text of the U.S. Constitution and find any authority granted to the members of Congress to regulate health care.
"This legislation also provides for access, by the appointees of the Obama administration, of all of your personal healthcare information, your personal financial information, and the information of your employer, physician, and hospital, a direct violation of the specific provisions of the 4th Amendment to the Constitution. All of this is a protecting against unreasonable searches and seizures. You can also forget about the right to privacy. That will have been legislated into oblivion regardless of what the 3rd and 4th Amendments may provide.
"If you decide not to have healthcare insurance, or if you have private insurance that is not deemed acceptable to the Health Choices Administrator appointed by Obama, there will be a tax imposed on you. It is called a tax instead of a fine because of the intent to avoid application of the due process clause of the 5th Amendment. However, that doesn't work because since there is nothing in the law that allows you to contest or appeal the imposition of the tax, it is definitely depriving someone of property without the due process of law."
Time to raise your collective voice, Main Street USA!
Your Rights, as guaranteed under the U.S. Constitution and the Bill of Rights, are in serious jeopardy under House Bill 3200.
Yes, we do need health reform.
But we do not need this Bill or anything resembling this Bill.
Why cannot our elected officials start with Tort Reform? (Probably because attorneys and law firms are huge contributors to campaigns and spend massive amounts of money lobbying Capitol Hill.)
Remember what Patrick Henry says, "The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government - lest it come to dominate our lives and interests."
Over For Now.
Main Street One
"I have concluded that this legislation really has no intention of providing affordable health care choices. Instead it is a convenient cover for the most massive transfer of power to the Executive Branch of government that has ever occurred, or even been contemplated. If this law, or a similar one is adopted, major portions of the Constitution of the United States will effectively have been destroyed.
"The first thing to go will be the masterfully crafted balance of power between the Executive, Legislative, and Judicial branches of the U.S. Government. The Congress will be transferring to the Obama Administration authority in a number of different areas over the lives of the American people, and the businesses they own.
"The irony is that the Congress doesn't have any authority to legislate in most of those areas to begin with! I defy anyone to read the text of the U.S. Constitution and find any authority granted to the members of Congress to regulate health care.
"This legislation also provides for access, by the appointees of the Obama administration, of all of your personal healthcare information, your personal financial information, and the information of your employer, physician, and hospital, a direct violation of the specific provisions of the 4th Amendment to the Constitution. All of this is a protecting against unreasonable searches and seizures. You can also forget about the right to privacy. That will have been legislated into oblivion regardless of what the 3rd and 4th Amendments may provide.
"If you decide not to have healthcare insurance, or if you have private insurance that is not deemed acceptable to the Health Choices Administrator appointed by Obama, there will be a tax imposed on you. It is called a tax instead of a fine because of the intent to avoid application of the due process clause of the 5th Amendment. However, that doesn't work because since there is nothing in the law that allows you to contest or appeal the imposition of the tax, it is definitely depriving someone of property without the due process of law."
Time to raise your collective voice, Main Street USA!
Your Rights, as guaranteed under the U.S. Constitution and the Bill of Rights, are in serious jeopardy under House Bill 3200.
Yes, we do need health reform.
But we do not need this Bill or anything resembling this Bill.
Why cannot our elected officials start with Tort Reform? (Probably because attorneys and law firms are huge contributors to campaigns and spend massive amounts of money lobbying Capitol Hill.)
Remember what Patrick Henry says, "The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government - lest it come to dominate our lives and interests."
Over For Now.
Main Street One
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