Wednesday – February 2, 2011
An event in history – how it affects our healthcare PART 2:
Yesterday, I thought that it would be interesting to give a little history of the Supreme Court and how it established itself as the final arbiter of legal questions concerning the law and the Constitution.
Judge Vinson’s declaratory ruling on the unconstitutional Patient Protection and Affordable Care Act is now law. The Government cannot move forward to implement Obamacare. It is that simple.
What the conservatives in Congress must do is force the government to ask for a stay, thus accepting the ruling. This would pave the way for an appellate court to review the ruling. The ruling of Judge Vinson is very strong and well written. The government failed to initially introduce with the law an exclusion saying that if any part of the legislation is ruled unconstitutional then other aspects of the law can be implemented. The government failed to cover themselves in this aspect.
Either way, the government will take this to the next step. While a majority of Americans do not want this plan, the government is still not listening. A new Gallup pole says that 70 % of Americans like what the Tea Party stands for. The Tea Party is also opposed to Obamacare.
The healthcare law does not pass the smell test. It never has and it never will. The healthcare law has been exposed for what it is. The liberals circumvented the Constitution and passed this bill in hopes that the law would stand. The law is now being questioned in a way the liberal does not like. The Constitutionality of the law is now being questioned and is now judged to be null and void, because it is unconstitutional.
I have written before, in the FORUM and in my Conservative Guide for Organizing, the liberal, the leftist, the socialist, the progressive, call them what you will, do not view the Constitution the way our founders did and the way that the Conservatives do. They feel the Constitution is this pesky little thing that was written two hundred years ago.
The Constitution, in the liberal world, is outdated and does not reflect current day standards. The President’s own party has used the courts to circumvent the Constitution in their creation of a just society. The Liberal will use the courts and its liberal judges to create law from the bench. The case that Judge Vinson just ruled on was not legislating from the bench, but rather determining the point of law based on Constitutional law. This is a big difference, because this is true social justice based on law, a review and a determination of the content that did not pass the smell test.
When asked about the ruling on Healthcare, Senator Chuck Schumer (D New York) said,
"You have the House, the Senate, and the president." The Senator never mentioned anything about the court having the final word or the Constitution.
As I said yesterday, the Democratic leaders in the Senate are moving toward a Senate committee to hear arguments against Judge Vinson’s ruling. This is proof positive that liberals see no validation in the ruling, the Constitution or the law when it is applied in the way it is supposed to be. The liberals will use this committee to rule against the ruling and proceed in the laws implementation. They will investigate the process, the basis of the decision and determine, without legal authority, if the judge’s ruling is even constitutional.
How can this happen? Simple - they are liberals and they do not like the fact that they have to answer to a higher authority when their plans are challenged by the courts. Could this cause a constitutional crisis? It most probably will.
All the time the President is providing the fuel behind the scenes to flame the fires of dissent. The Liberals will now use the Constitution against those who want to follow it. The liberal will make a challenge to discount the Constitution and reduce the impact of the ruling on some bogus argument that only a liberal can make.
How can a simple law and a simple ruling affect our healthcare? The ruling by Judge Vinson renders the healthcare law void. It renders the government impudent in its efforts to regulate our behavior, our inactivity and it renders the government powerless in the effort to reach into our personal lives. It significantly reduces the government’s ability to pick winners and losers. It reduces the government’s role in deciding on who gets what and when they can get it. It will provide the guarantee that the constitution provides and that is what government can’t do to you.
You can now ask why the liberal would want it any different. The answer: Our Forefathers set up a form of government with checks and balances for the instances that we are witnessing today. A President, a Congress, and a Senate cannot and must not over rule the rule of law for the sake of changing the very foundations on which our laws were made. This is what the liberal will do, if they are permitted.
Today is the Senate’s turn to vote on the Repeal of this law. This is another event that will affect our Healthcare.
Gregory C. Dildilian
Founder and Executive Director
Pinecone Conservatives
A footnote: The White House has issued 733 waivers to business excluding them from the Healthcare law. Why is it necessary to help these companies if this is such a great plan? I myself don’t have the answer! All I know is that this is an every day battle.
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