Obama was NOT ever a constitutional law professor. He was a lecturer that was put in that position as a means of providing him with a living stipend while he was being groomed.
The only public picture of him in this capacity shows him in front of a blackboard (is that racist) with a bunch of community activist organizing nonesene on it. The cannard that he was a "professor" keeps getting repeated even by commentators that should know better.
Overturning Obamacare is so simple, even a caveman could do it. They built the law forcing health insurers to cover everyone at the same rate. It became obvious that people weren’t going to buy coverage until they needed it which would cause the pool of payers to be only very sick people. The only way to get the pool of people to contribute was to add the individual mandate and if you didn’t pay you were assessed a fine or tax or penalty. By doing this the federal government took over policing action which is a state responsibility. The government went way beyond their limited, enumerated and regulated power and tried to insert their authority to make people do things, which states control. Even Kagan and Sotomayor should know enough about the law to vote Obamacare down. If they don’t they have no business being Supreme Court justices.
I am just curious how the Senate RATS could break Congressional rules and pass this bill through reconcilation, and then get away with it? does not seem right?
Guess We Can’t
Absolutely spot on analysis IMHO!
Thanks for the post!
RJ says, "Obamas attack on the SCOTUS wasn't done in ignorance of the law but to convince the ignorant . . . ."
Inasmuch as the complete statement, broken down, point by point, failed to meet a standard of truth on any level, just how ignorant does he believe American voters are?
On the other hand, where are the articulate voices among the potential GOP candidates who can and will inform and educate the electorate about these things?
Opportunities are being missed for a "teaching moment" for the benefit of keeping the flame of liberty burning for future generations.
I posted this in another thread related to CommieCare:
Ken Cucinelli, Virgina AJ was on EWTNs The World Over with Raymond Arroyo.
He has been preparing briefs, if not actually arguing the case, but he has been in the Supreme Court Hearing Room itself with the Justices.
Paraphrasing:
Cucinelli: I was mildly optimistic going in, but now I am much more convinced, after two sessions, that we have the 5 votes necessary to strike this down.
Raymond: The whole thing?
Cucinelli: Yes, the whole bill.
When we have four insane anti Constitutionalists liberals anything can happen.
Even if shot down...the RinoCracy will be back at us with another gussied up piece of legislation attempting to render American Citizens their subjects. Prolly some environmental nonsense....
Excellent analysis in this Forbes article. It’s a must read.
Here’s the key to why the author says it will be struck down as unconstitutional:
Quote:
“The reason that at least 5 Justices are going to find the laws individual mandate unconstitutional is that it is contrary to the fundamental federalism architecture of the Constitution. Under the Constitution, the federal government is an authority of limited, enumerated, delegated powers. All other powers of government are reserved for the states, including the broad authority labeled the police power. That is the power to compel individuals to take specific actions for the public good, such as actions for the public health like vaccinations or quarantines, or obtaining car insurance, or attending school. Notice that all such laws are adopted at the state or local level. (Any federal laws compelling action are based on specific delegated powers other than the Commerce Clause, like those providing for national defense, or taxation).
The power to compel the purchase of health insurance for the public good, as in Obamacares individual mandate, is a function of the police power reserved to the states, and denied to the federal government by the Constitution and Supreme Court precedents. If the federal government is now to hold a national police power, then the constitutional framework of federalism, with limited, enumerated powers delegated to the federal government, and the remaining powers of government retained by the states, would be obliterated.”
ping
BUMP!