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Posts Tagged ‘Unconstitutional’

Wonder what you would find if you frisked then-Senator Obama’s appearance on Ellen DeGeneres’ daytime talk show in February 2008?

Answer: He used the exact same argument that Judge Robert Vinson used to overturn Obama’s health care overhaul legislation.

Clearly President Obama doesn’t believe his signature health care legislation is constitutional:

She’s have the government force every individual to buy insurance, and I don’t have such a mandate because I don’t think the problem is that people don’t want health insurance.  It’s that they can’t afford it …

Well, if things were that easy, I could mandate everybody buy a house, and that, you know, and that would solve, you know, the problem of homelessness.  It doesn’t.

Also, then-Senator Obama made the same argument on CNN:

OBAMA: Let’s break down what she really means by a mandate. What’s meant by a mandate is that the government is forcing people to buy health insurance and so she’s suggesting a parent is not going to buy health insurance for themselves if they can afford it. Now, my belief is that most parents will choose to get health care for themselves and we make it affordable.

Here’s the concern. If you haven’t made it affordable, how are you going to enforce a mandate. I mean, if a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house. The reason they don’t buy a house is they don’t have the money. And so, our focus has been on reducing costs, making it available. I am confident if people have a chance to buy high-quality health care that is affordable, they will do so. That’s what our plan does and nobody disputes that.

Here is Judge Robert Vinson’s reference to Obama’s argument in his opinion overturning Obamacare:

The problem with this legal rationale, however, is it would essentially have unlimited application. There is quite literally no decision that, in the natural course of events, does not have an economic impact of some sort. The decisions of whether and when (or not) to buy a house, a car, a television, a dinner, or even a morning cup of coffee also have a financial impact that — when aggregated with similar economic decisions — affect the price of that particular product or service and have a substantial effect on interstate commerce. To be sure, it is not difficult to identify an economic decision that has a cumulatively substantial effect on interstate commerce; rather, the difficult task is to find a decision that does not.

Oops!

It is clear this president only cares about his own far-left agenda and does not care about our US Constitution. Some Constitutional scholar he is… Pff.

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Judge Roger Vinson of the U.S. District Court for the Northern District of Florida has ruled Obamacare unconstitutional and “must be declared void” in full.

The American Spectator reports:

U.S. District Judge Roger Vinson on Monday became the second federal judge to declare the national health care law’s individual mandate unconstitutional.

The decision concerns the lawsuit based in Florida and involving 26 states, and follows a similar decision last month in the suit based in Virginia.

But Vinson’s decision went a step further than the Virginia ruling by not only declaring that the mandate was unconstitutional, but striking down the rest of the law as a result.

As enacted, the law did not include what’s known as a “severability clause,” which specifies that if one part of the law is struck down, the rest of the law stands.  Those challenging the law have argued that as a result, the whole law should be struck down, too.  While U.S. District Judge Henry Hudson of Richmond declined to do so, Vinson argued that, “because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.”

The Obama administration has launched an appeal in the Virginia suit, and is expected to do so in the Florida-based suit as well, likely setting the stage for an eventual showdown in the U.S. Supreme Court.

You can read the ruling here.

VICTORY! This is a critical milestone, but the fight against Obamacare is far from over. There are over a dozen more lawsuits filed in different states and it will be the US Supreme Court who will ultimately make the final decision. Either way, today is a great day for our United States’ Constitution.

My case of the Mondays is officially gone.

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Wonder what you would find if you frisked the number of states that decided to sue the federal government over Obama-Care’s enforcement of the individual mandate?

Answer: The count has now reached 18 states!

Ut oh liberals… The momentum is building!

Reuters reports:

The joint lawsuit led by Florida and now grouping 18 states was filed on March 23 by mostly Republican attorney generals.

It claims the sweeping reform of the $2.5 trillion U.S. healthcare system, pushed through by Democrats in the Congress after months of bitter partisan fighting, violates state-government rights in the U.S. Constitution and will force massive new spending on hard-pressed state governments.

[…]

South Carolina, Nebraska, Texas, Utah, Louisiana, Alabama, Colorado, Michigan, Pennsylvania, Washington, Idaho, and South Dakota had previously joined Florida’s lawsuit.

[…]

“We welcome the partnership of Indiana, North Dakota, Mississippi, Nevada and Arizona as we continue fighting to protect the constitutional rights of American citizens and the sovereignty of our states,” Florida Attorney General Bill McCollum said.

Of course the Obama Administration is trying to make this seem like a gigantic Republican political stunt, but Ed Morrissey – from Hot Air – thinks quite differently:

At the very least, more than a third of the states see a fundamental interest in stopping Washington from encroaching on their sovereignty, which makes this a bit more than a campaign stunt.

Hmm… What state will be next to join the lawsuit?

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Socialized health-care passes.

Wonder what you would find if you frisked the United States House of Representatives late Sunday night?

Answer: The House Democrats rammed through President Obama’s socialized health-care reform against the will of the American people.

219 to 212. 😥

The Hill reports:

The House made history with the passage of comprehensive national healthcare reform Sunday, giving President Barack Obama a major legislative victory after more than a year of intense debate.

The Senate healthcare bill passed the House a vote of 219-212. Thirty-four Democrats voted against their party, and against the legislation. As expected, the Republican opposition was unanimous.

Less than one hour later, the House approved a package of changes to that legislation that will now be considered by the Senate under budget reconciliation rules that will prevent Republican senators from blocking the bill with a filibuster.

Unfortunately, liberty dies to thunderous applause from the House Democrats. Whatever happened to protecting the United States Constitution?

House Republican Leader John Boehner responded with a memorable final statement:

Conservative victory 2010 and let’s repeal this monstrosity!

Side-Note: This is another great example of why I really dislike liberals… Those darn health-care insurance companies with their outrageous profit margins of a modest 3.4% over the past year! Hmm… That’s ranks 87th out of 215 industries! The most profitable industry over the past year has been beverages, with a 25.9% profit margin. Shhh! Don’t tell the Democrats that though, because they will probably want to takeover that industry in a few weeks.

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