Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Don't Expect the Supreme Court to Save You
Patriot's History of the United States ^ | 12/24/09 | LS

Posted on 12/24/2009 5:08:09 AM PST by LS

Folks, I hate to be a perpetual gloomster here, but anyone putting his faith in a Supreme Court reversal of any of this health non-care monstrosity has another think coming. First, the USSC seldom rules in favor of constitutionally limited government. Even in the Affirmative Action slapdown of the University of Michigan several years ago, the Court said in essence, “what you’re doing is wrong the way you’re doing it, but try other methods to reach racial balance.” In the notorious Kelo case, the Court affirmed the right of a local government to take land from one person and give it to another solely on the basis of efficient use of the land.

So prepare yourselves: the challenges to the health non-care bill will be on the grounds of inequality—that is, Nebraska got a special deal—or various “takings” that say that the Federal Government is taking money without constitutional authority. While valid in and of themselves, even if successful, they will result in a nit-picking approach that legitimates the entire premise that a) health care is a “right” and b) everyone else is forced to pay for your right.

Moreover, on the Fox Business Channel, a roundtable of analysts debated the impact on business, and this raises yet another danger of ever repealing this, namely it was argued that small businesses will simply pay the $750 fine rather than pick up the $9,000 health care tab for employees, foisting it on the federal government. I’d do the same if I was a small business owner, but this avoids the central point that the government will instantly adjust those fines to be $10,000. Once something is deemed illegal, the fine is the easiest thing to manipulate—just look at speeding fines.

The Republicans, both in the House and Senate, combined for a 256/257 votes against the bill (Cao, LA voting for the House version, but announcing he would vote against the conference bill). I don’t want to ever, ever again hear how the two parties are the same. You will never see such a stark difference in ideology, where even the limp-wristed RINOs voted against this horrid legislation. Elections do have consequences.

That said, the next election can swing dramatically the Republicans’ way, and make little difference. First, it’s darn near impossible to withdraw or repeal legislation once the bureaucracy starts to take root. Rush Limbaugh has explained this quite well. Second, the ideological commitment to take something away that has already been given requires an increased factor of two or more—look at how long it took to get rid of just some of the farm welfare programs, which lasted from the New Deal to 1994. No conservative president or congress has ever dismantled the Department of Education or Department of Energy.

But here’s the real genius of the Democrats’ plan, and it has even escaped some of our conservative commentators: Why did the Democrats put in place the taxes immediately, but the benefits only after 2014? Isn’t that the exact opposite of the FDR strategy of carrots first, sticks later?

In fact, the Democrats are well aware of the Tea Parties, which are now going to work against liberty. Here’s how: by passing the stimulus first and ballooning the deficits—which the Tea Parties and Liberty Groups became obsessed with (rightly so)—the Democrats will now run specifically on the tax increases as a means to battle the deficits and claim that any attempt to repeal any of this health non-care bill will be fiscally irresponsible and will result in higher deficits. I don’t know if it will work, but it’s the only play they have right now, and Republicans, running on dismantling the health non-care system will be fighting both the image of taking health care away from granny AND “spending more money.”

What’s the solution? There are only two avenues that I can see. One is to not only elect Republicans (and ONLY Republicans, because third parties are going to destroy any chance of repealing this by electing more Democrats), but to elect so many conservative Republicans that you actually get a massive majority in the House to the point that they can, and will, de-fund any and all parts of this. That’s a very, very tough row to hoe, because Newt tried it in 1995 and was permanently damaged by it. And we’re talking a very big majority—perhaps 60-100 new seats. Possible? Maybe. Likely? Not right now. The other alternative is a massive citizen strike, of such tremendous proportions that you pull a reverse “Piven-Cloward.” This is the radical Left strategy of so overloading the social welfare system that it breaks down and forces a radical revolution. (If no one gets their welfare checks, they take to the streets).

Lots of people have been blustering that they won’t pay their taxes, or will “go to jail” rather than follow parts of this bill—and absolutely a black market in medicine and drugs will appear—or otherwise refuse to comply with regulations. The problem with this approach is that the new legislation is going to be regulated and policed almost entirely either by the IRS or by employers. So it shifts the burden of civil disobedience from the many to the few who have the most to lose (owners), while at the same time taking the resolution of all protests out of the hands of citizen juries and into the hands of the government (the Tax Man).

If the Liberty Groups/Tea Parties were smart, they’d fold up their tents and attempt to get a two-thirds GOP majority in both houses, which is our last, best hope.


TOPICS: Government; Health/Medicine
KEYWORDS: healthcare; supremecourt
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-100 next last
To: Billg64

Well, that might be a good thing. Because this bill sucks so bad that even those three turkeys voted NO.

To me, it’s worth a shot, since it’s much easier than the other options open to us.

I’m fearful that the Stupak gang is going to be bought off or threatened. That is our second easiest option.

Imagine if Palin hadn’t campaigned for Chambliss in the runoff in GA (basically guaranteeing the win); the hill to climb would be even bigger. *shudder*


41 posted on 12/24/2009 5:57:42 AM PST by Daisyjane69 (Michael Reagan: "Welcome back, Dad, even if you're wearing a dress and bearing children this time)
[ Post Reply | Private Reply | To 28 | View Replies]

To: LS

The election campaign has to start now. I live in S. FL in the district of 2nd term cong. Ron Klein (D). He beat our long-term GOP cong. Clay Shaw in the GOP purge of ‘06. We now have ret. Col. Alan West taking on this race and firing people up. I am contributing to Col. West now. We need to push this leftist donkey out starting now. Klein is a long-term FL state legislator before going to congress who has devoted his life to imposing govt. on us. He needs to know now that his days are numbered.

The contortions Pelosi went through just to get a simple majority, capped by that Saturday midnight disgrace show how weak the house razor-thin majority is.

The final joining of the house and senate monstrosities hasn’t happened yet. Liberals generally do not hold up well under heavy public scrutiny. We need to give these leftist hacks real assurances that they are going down and point to specific disticts like mine. There must be a few that can be shaken free as these guys are in it for themselves first and foremost.


42 posted on 12/24/2009 5:59:06 AM PST by untwist
[ Post Reply | Private Reply | To 1 | View Replies]

To: This_far

I am in your camp on this. I live in Texas so there is something we will do about this law. If that does not work out well, the fight will be on, we cannot allow our country to be destroyed by Communist/Socialist.


43 posted on 12/24/2009 6:00:55 AM PST by Chief901 (The Democrats are now the "Soylent Green Party")
[ Post Reply | Private Reply | To 4 | View Replies]

To: LS

So America, essentially 220 Congressmen, 60 Senators and 1 F*cked up president (= 281 communists) can tell 300 million American Citizens how it is going to be. Add in another 5 arrogant unelected SCOTUS snobs, and we become slaves to tyranny.

I say ‘We the People’ faced down tyranny 233 years ago, and if that is the best the Federal Government can offer, we need a new Declaration of Independence and a new country.

Governments are instituted among Men, deriving their just powers from the consent of the governed, —That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.

But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.


44 posted on 12/24/2009 6:06:50 AM PST by broken_arrow1 (I regret that I have but one life to give for my country - Nathan Hale "Patriot")
[ Post Reply | Private Reply | To 1 | View Replies]

To: RipSawyer

I used to be a graphic designer and marketing consiultant. I still freelance, but I’d paint your house too if the price were right. My business has been struggling for 2 years. My wife, who is my partner, has been ill. My clients, small businesses like myself, are running out of cash.

This fall I went back to school to become a CNA, Certified Nursing Assistant. I’m a 46 year old man. We started with a class of 16, 5 students washed out of the program. All of them were on public assistance and grants to get through the program. I paid cash on the barrellhead. I probably qualified, just didn’t know about the FREE money.

It was high stakes during the exams and competency testing, if I had a bad test or blew a skill, I was out. No money back.

My classmates incuded a former master printer, a former USMC vet, a the manager of a now defunct big box electronics chain, a bank clerk and a hairdresser. The others were your conventional nursing students ~ young women. I scored straight A’s and ran circles around the younger kids, though I admit to being nearly manic with anxiety and apprehension.

I recently got hired on at a wonderful faith-based assisted living and nursing facility. I have to work my way onto the FT roster of CNA’s were I will make about 55 to 60% of my old salary.

I feel like I’m lucky. Many of my friends in the ad and communications industry are out of work. I’ve gotten 3 e-mails the last 3 days in a row, asking for a good word or informing me of parting company.

My classmates in my nursing program were sort of patting each other on the back saying what a robust field they had chosen; I told them that it would only remain robust if people were working in the private sector paying into medicare and medicade, which is how this industry is propped up.

I don’t know what will happen to the people that I care for if those programs go belly up? I worry about it, among other things.

I’m looking to move forward toward a licensure as a practical nurse, which should take about a year and a half.


45 posted on 12/24/2009 6:07:18 AM PST by incredulous joe ("I like smiling! Smiling is my favorite!!")
[ Post Reply | Private Reply | To 17 | View Replies]

To: Chief901

I grew up in Mass, around the area of Concord, so early history was heavy.

Learned a lot about what the Patriots went through and how they did it and WHY.

Henry Ford may have had the first automated assembly line, but the Patriots did sub assembly first and for a reason.


46 posted on 12/24/2009 6:07:43 AM PST by This_far (Mandatory insurance! I thought it was about health care?)
[ Post Reply | Private Reply | To 43 | View Replies]

To: napscoordinator
I wonder who will be chosen to replace them.

Bill Ayers and Bill Clinton.

47 posted on 12/24/2009 6:10:38 AM PST by raybbr (If you try to kiss your son on the head while he's running you WILL get a fat lip.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: LS

The lesson is obvious since CFR, Kelo, and Lawrence V Texas. Since the blessed-of-memory Terri Schindler appeals. We can not count on the legal system and the Supreme Court.

We have to take back America by massive votes and ferocious legal actions to protect against vote fraud or by very personal rebellions against tyranny.


48 posted on 12/24/2009 6:10:50 AM PST by bvw
[ Post Reply | Private Reply | To 1 | View Replies]

To: Def Conservative

As long as you have a rifle, you still have a vote.


49 posted on 12/24/2009 6:14:30 AM PST by Noumenon ("Upon what meat doth this our Caesar feed, that he has grown so great?")
[ Post Reply | Private Reply | To 2 | View Replies]

To: LS
I would not rule out the possibility that the Supreme Court will ultimately be forced to rule on the meaning of the Commerce Clause, which Progressives have wielded as a blank check for legislative expansion.

What forces their hand, however will likely not be political agitation but economic collapse.

America's current levels of debt are mathematically unsupportable; the only thing keeping our collective heads above water is an artificially low interest rate on US dollars (zero percent, actually) enforced by the Federal Reserve. As demand for American debt continues to diminish, the Fed will no longer be able to maintain short-term rates at the present level. The cost of debt service will skyrocket, along with defaults.

Then: there are taxes. The burden on the most productive Americans is about to explode. Recall that these are the same people create 80-90% of all new jobs following a recession. Those jobs will never be created. Investment capital will continue to dry up, flowing as it has to other countries whose tax and regulatory structure is more favorable and whose labor costs are lower.

Then there are is banking industry - significantly government-owned and transparent as mud. What of all those real estate assets worth... what? No one knows. Our government blithely allows CITI and BOA and the rest to pretend their derivative products are worth what they were worth prior to the crash last year, all objective evidence to the contrary. And the mortgages on which they hold paper - both commercial and residential - are increasingly in deep, deep trouble.

Oh, and then: add the deadening, profit-killing effect of a massive new health care bureaucracy... and disaster looms. Which leads to what this President and his Marxist cadre really want: a blank check many times larger than the Commerce Clause and the General Welfare Clause rolled together to control all, remaking America in the Progressive image; a People's Democratic Republic of America.

There will come a pivotal moment at which our Constitution must either be enforced or renounced; no other choice will be left because the nation will face two starkly different visions of the future: rebuilding under a free enterprise capitalist system, or consolidation under the European socialist model.

I believe that moment will come far sooner than most people appear to believe.

50 posted on 12/24/2009 6:20:02 AM PST by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: broken_arrow1
All that matters is that they DID "tie them down," and not ONE SINGLE DEM SENATOR, and if push came to shove, not one single DEM REPRESENTATIVE, would have voted against that. And them's the facts. The 39 Dems who were "allowed" to vote against to save their skins would not have if in fact the vote were closer.

Do not kid yourself: any action that takes away from giving Republicans a massive majority in November is now a vote for communism, period. Think of the "Whites" and the various anti-Bolshevik parties in Russia who would not unite to stop the commies.

51 posted on 12/24/2009 6:28:30 AM PST by LS ("Castles made of sand, fall in the sea . . . eventually." (Hendrix))
[ Post Reply | Private Reply | To 38 | View Replies]

To: rbosque

Come on. That “separation of powers” has been null and void since FDR.


52 posted on 12/24/2009 6:29:46 AM PST by LS ("Castles made of sand, fall in the sea . . . eventually." (Hendrix))
[ Post Reply | Private Reply | To 29 | View Replies]

To: ding_dong_daddy_from_dumas
You can't stop this by complaining about GOP "inconsistency." That's exactly what the devil wants, and in this case the devil is the DEMOCRATS.

Liberty Group/Tea Partiers better wake up. They are now the equivalent of the Nationalist Party in Nazi Germany, refusing to align against Hitler because they didn't like some of the positions of the Catholic Center Party.

53 posted on 12/24/2009 6:31:22 AM PST by LS ("Castles made of sand, fall in the sea . . . eventually." (Hendrix))
[ Post Reply | Private Reply | To 22 | View Replies]

To: SmokingJoe

Yes, but K-N was resolved not at the ballot box but by a war. Big difference today: there are not two “sections.” The integrated nature of the country means that big-government types are everywhere.


54 posted on 12/24/2009 6:32:25 AM PST by LS ("Castles made of sand, fall in the sea . . . eventually." (Hendrix))
[ Post Reply | Private Reply | To 21 | View Replies]

To: LS

O’Conner is no longer on the court. Her replacement will not vote the way she did.


55 posted on 12/24/2009 6:32:52 AM PST by sportutegrl (I was for Sarah Palin before being for Sarah was cool.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: exnavy

Who would the people fight?

Do you think the police and the military would suppor the illegal government??

I don’t.

BAmmie would have to raise his own troops, which I believe he is trying to do through civilian workforce.

It would be a turkey shoot.


56 posted on 12/24/2009 6:33:04 AM PST by incredulous joe ("I like smiling! Smiling is my favorite!!")
[ Post Reply | Private Reply | To 33 | View Replies]

To: Charlespg

The former has been declared unconstitutional, I think. The latter, fine. But no one will recall legislators after they get their piggy snouts at the trough. It’s too little, too late.


57 posted on 12/24/2009 6:33:32 AM PST by LS ("Castles made of sand, fall in the sea . . . eventually." (Hendrix))
[ Post Reply | Private Reply | To 19 | View Replies]

To: incredulous joe

You are right. That might actually work to our advantage. Even under FDR, major cities had to cut libraries, schools, even police. At some point, you just can’t pay salaries in legitimate dollars.


58 posted on 12/24/2009 6:34:55 AM PST by LS ("Castles made of sand, fall in the sea . . . eventually." (Hendrix))
[ Post Reply | Private Reply | To 6 | View Replies]

To: sportutegrl

Again, any time you put your faith in one person-—Joe Lieberman, or O’Connor’s replacement-—you’re absolutely asking for trouble.


59 posted on 12/24/2009 6:36:21 AM PST by LS ("Castles made of sand, fall in the sea . . . eventually." (Hendrix))
[ Post Reply | Private Reply | To 55 | View Replies]

To: LS

Ha! More and more people are getting pissed and I’m sure they’ll make a big stink about it. I hope.


60 posted on 12/24/2009 6:40:51 AM PST by rbosque (11 year Freeper! The real reason the left wants to disarm us is becoming clearer.)
[ Post Reply | Private Reply | To 52 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-100 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson