Posted on 08/17/2009 1:28:28 PM PDT by cgchief
I'm a military retiree and have been following what's happening in our country very closely ever since The Annointed One has been in office. Everyday it seems that both the Democrats and Republicans shred a little bit more of the Constitution, the document I've sworn to protect and defend.
I've made the difficult choice that if the Health Care bill is enacted into law and if any portion of it requires that a private citizen is required to have health care insurance or if it essentially starts to force private insurance companies out of the market, I want to sue the federal government, since they are operating extraconstitutionally. That is to say, the Constitution does not give them that authority over a private citizen.
To do this I'm going to need a law firm that would take on the case pro bono. I've tried to find some of the more well known firms, such as the Alliance Defense Fund, Pacific Justice Institute and Thomas More Law Center, but they all seem to center on religious freedom. Any fellow freeper who could provide any information, I'd be very grateful.
As I side note, I live in Overland Park, KS, a suburb of Kansas City, MO.
Commendable but I must tell you that you will probably need armor, a lance, a donkey, and a sidekick named Sancho.
The impression I have gotten is that it’s settled law - through a number of court decisions - that Joe Citizen can’t challenge in court the constitutionality of any action of the government, because Joe lacks ‘standing’....
I’m not a lawyer, of course, but maybe some of our members who admit to being of the legal persuasion can either set me straight, or expand on my admittedly sketchy information....
Hey Chief,
I have been thinking along these lines as well. In fact, I said to my wife this weekend, “what are we supposed to do? Withhold our vote next year?” Imagine if that is how we were expected to raise our children. What other recourse does a citizen have. Class Action lawsuit? ACLU is all about “liberty” and enforcing the constitution. See what they are really made of (haha) and see if they will take the case, but don’t hold your breath. Otherwise, maybe find a FReeper on a Grand Jury somewhere and highjack it.
If you are an “injured party” to something the Feds did/do, you have standing.
At least that’s the way the courts are supposed to operate.
I tend to agree with you.
John McCain still has "standing" as runner-up of POTUS to challenge Barry's eligibility to serve, but he doesn't have the backbone to go through with it. Palin could also do it if she wanted to, so does Hillary (with DNC's blessing).
If it truly is outside the provisions of the Constitution, you may find conservative attorneys (yes, I'm sure there are a few) will begin to examine options (i.e. fixin’ to commence to start to file a lawsuit). Folks, the only way is to vote them out of office in 2010 — I mean all of them. It's getting to the point that those who are there don't have any ideas, have no sense of what the Constitution means (think it's a living, evolving document [which it could be if we all got a vote on it]), and have little or no incentive to get anything done because their check comes at the 1st and the 15th right on time no matter what, and they won't have to live with the hell they make for us. They are the only people who have made robbing Peter to pay Paul into a fine art, can't add two and two and come up with four. It's time to clean house, America. It's time to make it clear that you either work to solve the problems, not create them so you can solve them.
Have you sued them yet for what it is costing you for “free medical care for life?”
Good Luck with that!
Maybe you can get the attention of someone at Judicial Watch. Or try contacting CATO institute for leads.
From his FR About Page:
My weekly columns are carried on several sites on the Internet and in three less-reputable newspapers. I now post these on FreeRepublic. In addition, I write on constitutional law, at: http://www.theacru.org
“ave you sued them yet for what it is costing you for “free medical care for life?”
Excellent point. Only the gov’t can keep changing the rules.
All that can be done is to file a suit on behalf of a “class” as in class action if it hurts one particular group of people.
Then someone like the ACLU may be the ones to handle the case but they would need thousands of us to sign on.
It should be noted that although this bill will in no way prohibit private insurers, it is designed to make it more economically comfortable for states, companies and private citizens to insure through the government with economic sanctions. So the states, employers will drop the private insurance companies because it will be cheaper to go with the government plan.
I also believe that in the legislation there may be a provision exhonorating the government from any and all action resulting from this bill.
I know that it is in there that if you get messed up because they have forced you to go to a doctor, they can not be brought to court, though the doctor can be.
It’s a bureaucrats wet dream.
A taxpayer and citizens worst nightmare.
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