Healthcare Bill Violates Constitution, Period.

Harry Reid has been boasting that his Healthcare reform bill is irreversable in places. Once passed, there is language in there that stipulates that it cannot be reversed or repealed by future Congresses.

In the section titled “limitations on changes to this subsection,” the wording states:

it shall not be in order in the senate or the house of representatives to consider any bill, resolution, amendment, or conference report that would repeal or otherwise change this subsection.”

Sorry, Harry, but at this point, you have crossed the line from writing legislation to attempting to sneak in a fundamental Congressional rules change. And if I’m not mistaken, you can’t pass a bill that changes the rules governing yourselves unless you have a two-thirds majority… not merely the 60 votes you have. That’s gonna take a lot more “Lousiana Purchases.”  But hey, since you’re arrogant enough to try to force healthcare down the throats of an American public (the majority of whom have made it abundantly clear they do NOT want this), I guess you figured you might as well slip in this gross attempt at hijacking the political system itself.

That dog  just won’t hunt.

Oh, you and your self-absorbed sycophants may get the automatic 60 votes to send it on to the President for signing in the wee hours of the morning (when no one in the Obamanation of an administration has to worry about transparency).  But if there are any working brain cells in the Republican Party, this will only result in a challenge that will, in all likelihood, stretch to the Supreme Court. 

You see, Senator, there is a document you and your comrades in the Senate seem to have forgotten about.  It’s called The Constitution of The United States of America. I’m sure you’ve heard about it. It’s been in the news and everything. It’s looks something like this:

First Page Of The Constitution Of The United States

In fact, if you care to read it some time, you can see the original pretty easily. It’s right there in Washington DC in the National Archives. Don’t bother to bring your eraser, however. It doesn’t work that way.

In short, what you have written into your legislation is a combination of Senate Rule Changes and changes in how The Constitution of the United States works. Again, that takes a 2/3rds majority of Congress. Any attempt to  negate the Constitution in any manner is to break the oath of office you took and would officially reduce you to what the vast majority of us already know you to be: A traitor to your own country.

I doubt the Supreme Court of the United States would back you on this. That is, perhaps, unless the deciding vote is one cast by a “wise Latino woman.”

Gerry Ashley

6 Responses to Healthcare Bill Violates Constitution, Period.

  1. It is a Constitutional change. But it doesn’t just require a 2/3 majority from both the U.S. Senate and U.S. House of Representatives, it also requires approval from 3/4 of the States. As more and more of this bill comes to light, there is no way it isn’t unconstitutional. I mean, how can I have the right to free speech (1st amendment) when provisions of this bill will force everyone to buy a certain kind of product?! I can only hope this thing gets struck down or repealed before it takes effect. It is unfortunate, but this piece of garbage will get passed. If it does get struck down by the Supreme Court, I wonder how that will affect a state’s ability to force drivers to buy car insurance?

    • Gerry Ashley says:

      John,

      Good catch! I meant to include the ratification by 3/4 of the states. In my haste, I neglected to include that. I won’t rest until this bill is shot down my the court as unconstitutional.

      Take heart… there seems to be light at the end of the tunnel.

      But but we can’t get complacent. The work has just begun. All we’ve started to do is discover the path we need to take.

  2. B. Johnson says:

    Yes, constitutionally-impaired Democrats unthinkingly point to mandatory car insurance to try to justify mandatory healthcare insurance. But Democrats wrongly overlook the following when they do so. Since the Constitution is silent about cars and public healthcare, the 10th A. automatically reserves government power to regulate these issues to the states, not the Oval Office and Congress. So while the states can mandate car insurance, the feds cannot mandate either car insurance or healthcare insurance.

    The bottom line is that the corrupt Oval Office and Congress are continually trying to usurp state powers and steal state taxes associated with those powers.

    • Gerry Ashley says:

      And we must not let them get away with it. I think Obama thought this would all be a cake walk and that he had the love and unwavering devotion of the American public. He DID a year ago. But the only thing about him that has been transparent has been what a false prophet he is to those who saw him as “The One.” They were in for a rude awakening. But hopefully, they ARE awake now.

      That doesn’t prevent Obama fromo continuing his efforts to take over the government. Never forget that he’s a Chicago Thug Politician. We’re in for a bumpy ride for 3 more years. And the world is watching us every step of the way. Something big is going to happen. And it will be up to “We the people” to determine if that something big is positive or destructive.

      Thank you too, for your comment.

  3. B. Johnson says:

    Although Reid and Pelosi are evidently promoting healthcare legislation to make heros of themselves, history should ultimately prove them fools as evidenced by the following.

    To begin with, Reid and Pelosi are wrongly ignoring that the Constitution’s silence about public healthcare means that the 10th A. automatically reserves government power to regulate healthcare to the states, not the Oval Office and Congress. In fact, the USSC has already decided that Congress has no business sticking its big nose into the medical practice.

    “Direct control of medical practice in the states is obviously beyond the power of Congress.” –Linder v. United States, 1925. http://supreme.justia.com/us/268/5/case.html

    Also note that Chief Justice Marshall had appropriately established the case precedent that Congress cannot lay taxes in the name of state power issues.

    “Congress is not empowered to tax for those purposes which are within the exclusive province of the States.” –Chief Justice Marshall, GIBBONS V. OGDEN, 1824. http://supreme.justia.com/us/22/1/case.html

    So not only is Reid and Pelosi’s healthcare legislation based on constitutionally nonexistent federal government powers, but the corrupt Congress never had the power to lay taxes to fund Obamacare.

    The bottom line is that voters have a big mess to clean up in DC in 2010.

    • Gerry Ashley says:

      Sterling points!

      One of the many things of concern to me: You write,

      “the corrupt Congress never had the power to lay taxes to fund Obamacare.”

      And yet they have done EXACTLY that in this bill. If it gets enacted, and goes unchallenged, some of our rights will have been stolen from us by our own Congress. It therefore MUST be challenged and on the very grounds you have mentioned. Thank you so much for your input. This is extremely good information for us “laymen” to know about.

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