Thursday, June 28, 2012

Obamacare Upheld - Roberts Makes Arguments for Defendant

Today Americans have zero to look far as a forum for appeals go. Having upheld the individual mandate (And all else that was affirmed), the Supreme Court has demonstrated that our remaining liberties are only ours as long as no one legislates them away. Even a repeal of the law by a possible Romney Administration would do little good as yet another President and compliant Capitol Hill could later enact a similar law.

On top of that, very little of our freedom is now outside of the boundaries of legislation and thus immune from   being controlled or removed entirely.

I am not a lawyer, but I am utterly unfamiliar with a Judge actually making arguments for one of the parties in a case. When Obamacare was a bill and thus up for discussion (What little there was), its proponents insisted over and over that the penalty was not a tax. Obama himself stated this on numerous occasions. When Roberts voted and wrote his opinion, however, he generously claimed that the penalty, regardless of what everyone who was involved with submitting this legislation said about it , was in fact a tax and thus Constitutional.

And all this time we were worried about Kennedy's vote. For crying out loud, this man, finding so much of it is clear violation of the Constitution, apparently wanted to do away with the whole law!

Again, I am a rustic provincial and cannot give legal opinions, but I recall learning that one of the main things that, apart from the actual wording of a law, Judges must consider "legislative intent". This was explained as the manner in which the initial advocates and affirmative voting members intended that the law be applied and the purpose for which it was made. All of those people were adamant that the penalty was not a tax, yet Roberts, ignoring both the Constitution and the legislative intent, claimed that it was.

The Supreme Court was intended to be our last resort for restraining Government and protecting our liberties. Now it has thrown its hat in the ring with those who seek to reduce us to a well-controlled populace.

As noted by John Locke in his Treatises on Government, when a people, being faced with a government turned oppressive, and having run out of options to appeal wrongs done to them, consequently have no option but "An Appeal to Heaven". We are staring at that point just ahead of us right now. Locke was referring to the situation faced by Jephthah in the Book of Judges (Chapter 11), in which, being unsuccessful in preventing a war in negotiations with the Ammonites, was left with no option other than to prepare to fight and leave the matter up to God. This phrase was used by many of the earlier American revolutionaries, both advocates of independence and those who simply wanted their rights as Englishmen restored, as a rallying cry. You may have seen the phrase "An Appeal to Heaven" on a flag, along with a tree, in books and movies about that time period. It was seen towards the end of the opening credits in each of the HBO John Adams series episodes. (You can rent the episodes)

From New Jersey Patriot:

"This Obamacare decision gives “Taxed Enough Already” a new meaning. This is probably the largest and most insidious tax ever to be foisted on the American public.

Obama and the Democrates swore (except in court) that this was not a tax. This is yet again another example of the lies and deception in which they have engaged. What will they all it now?

I predict that an ever increasing number of companies will cease their healthcare benefits. More and more people will see that the promise that they could keep their insurance and their doctors was a lie…a bald faced lie. They will have to buy insurance from the healthcare exchange. Remember, they will have no choice as to coverage…just like with Medicare, their choices will be limited to options mandated by the government.

All along Obama wanted to do away with the private health care system. The exchanges will fail and the federal government will be forced to provide what amounts to a single payer plan that will be funded by one of two sources…increased taxes or increased borrowing. We might as well just give all our money to the government and let them decide how much we need in order to live.

The death panels are now fully operative. Already they have reduced Medicare payments to doctors. Now they will determine the value of our lives and will tell the medical profession what care they can provide and when it can be provided. Rationing will be the name of the game rather than an occaisional thing.

We now have one hope…that Obama gets defeated, that Republicans retain the house and get a filibuster proof majority in the Senate. Remember that in order to repeal the law a new law must be passed. The Democrats will fight repeal tooth and nail.

We can make this into a major campaign issue. Not only does the economy suck but many will be paying a significantly higher premium for health care they don’t want and can’t afford. Or they pay thousands in taxes. Companies will pay the tax rather than provide health care. Repeal is the only answer.

Now Romney has three issues: the economy, Obamacare, and a failed foreign policy. They are all due to Obama’s Marxist philosophy. He needs to hit this large and long. He had better not wimp out now or else we are really screwed.

This is what the Tea Party movement was all about. This is what the 2010 election was all about. We must double our efforts and complete the mission. It can be done.

We must rally.

We must get out the vote.

We must let them see that we will not go away.

We must resist."

From Fox News:

"Today marks a sad day in the history of America. With this decision, Americans have lost the right to be left alone, which Justice William O. Douglas once called “the beginning of all freedom.”

It is painful to recognize that the liberties which our forefathers fought a revolution to secure have been lost. But it is clear that our original constitutional system has been thrown out, and we are left with only the democratic process to preserve our rights. That should be a sobering thought for anyone who values liberty.

The significance of this decision cannot be overstated. Our Founding Fathers were greatly concerned that by giving too much power to the federal government, they would be endangering our liberties. So they sought to restrain the federal government by vesting it with only limited powers. As James Madison said, the powers of the federal government were to be “few and defined.” Yet with this decision, it is clear that the powers of the federal government are no longer limited at all. Our only remaining protections are with those liberties which were explicitly spelled out in the Bill of Rights, and even those are under assault. So today Madison’s vision of the American Republic has been turned on its head: The powers of the federal government are now broad and uncabined, and the freedoms of the people are few and confined.

As Justice Kennedy put it, during oral arguments in March, the individual mandate “changes the relationship of the Federal Government to the individual in a very fundamental way.” We wholeheartedly wish that more weight had been added to that statement in the Court’s opinion. But the die has been cast.

We must now look forward, with great trepidation, into this brave new world, a world in which the Constitution has been undone, and federal power knows no limit. This is a day that our Founders would never have wanted to see. All that they had fought to secure and preserve has been lost."

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