About Me

In writing the "About Me" portion of this blog I thought about the purpose of the blog - namely, preventing the growth of Socialism & stopping the Death Of Democracy in the American Republic & returning her to the "liberty to abundance" stage of our history. One word descriptions of people's philosophies or purposes are quite often inadequate. I feel that I am "liberal" meaning that I am broad minded, independent, generous, hospitable, & magnanimous. Under these terms "liberal" is a perfectly good word that has been corrupted over the years to mean the person is a left-winger or as Mark Levin more accurately wrote in his book "Liberty & Tyranny" a "statist" - someone looking for government or state control of society. I am certainly not that & have dedicated the blog to fighting this. I believe that I find what I am when I consider whether or not I am a "conservative" & specifically when I ask what is it that I am trying to conserve? It is the libertarian principles that America was founded upon & originally followed. That is the Return To Excellence that this blog is named for & is all about.

Saturday, June 30, 2012

Switcheroo - Bait Congress & Switch In Supreme Court

The only thing Chief Justice John Roberts got right on Thursday was recognizing in his heart of hearts (as he did in his Senate confirmation hearings & even long before that) that the Supreme Court does not have the constitutional power to overrule the work of the two elected branches.  Instead of declining to rule on the ObamaCare case's merits or better yet declining to take the case @ all Roberts led the Supreme Court to the same result by judicially deferring to Congress & BO finding ObamaCare constitutional.  But worse -  the Supreme's decision favoring ObamaCare as constitutional established another new dangerous legal precedent as if we needed another new dangerous legal precedent to help bring down our Republic.  By not taking the case ObamaCare would still be the law of the land but without the new terrible legal precedent.  This is the correct position constitutionally.
BO's real neat trick in establishing ObamaCare as the constitutional law of the land is calling the failure to follow the mandate part of the legislation a penalty to Congress (i.e., bait) & once passed the Congress pulling the old switcheroo to the Supreme Court arguing this same penalty is really a tax - without the word "tax" ever appearing in the legislation.  Of course we all know Roberts fell for this bait & switch tactic & ObamaCare mustered a majority of Supremes.
Roberts went out of his way to a fault to defer to Congress & BO to find ObamaCare constitutional.  Considering the result of the entire ruling it is not @ all comforting to know that someone who does not have healthcare insurance who is sitting @ home on their couch not bothering a soul is not affecting interstate commerce & therefore is not subject to Congress regulating their inactivity under the Commerce Clause - but that Congress is constitutionally able to tax this same person's inactivity under an undefined & non-existent tax clause.  Although this limits for the first time what Congress can do under the Commerce Clause it explodes what they can regulate & tax under an undefined authorization to tax.
In essence the Supremes nonsensically found Congress cannot regulate a non-activity but they can tax it.  Accordingly Congress is unlimited in what it can tax so we now finally have a precedent of a limitation under the Commerce Clause but no limit under an unspecified tax clause.
The real shame is that the four dissenters voted to throw the ObamaCare law out in its entirety & all Roberts had to do was vote the same way as his four colleagues to save the day & put a big nail in the coffin of BO's second term.
"Win some lose most" was the way I recently described relying on nine unelected people (virtually not one of whom could be named by the great majority of the 310 million people in this country) to overrule the 537 elected people (who also are unidentifiable to most of their constituents) who are involved in passing legislation – the Founders never dreamed of such a situation as I repeatedly wrote in March during the oral arguments of the ObamaCare case.
When the majority (including Roberts) found that Congress had reached a point of constitutional limitation in their powers under the Commerce Clause by mandating people to buy healthcare insurance or pay a penalty that should have ended the case with the law thrown out as unconstitutional.  But then Roberts went fishing while the four statist justices waited for him to come up with a reason, any old reason was good enough for them.  Roberts found that the penalty really functioned as a tax & since Congress has the constitutional power to "lay & collect Taxes" that the law was therefore constitutional based on the taxing power of Congress who, along with BO, had previously gone out of their way to say the penalty was not a tax.  This is what the control of our apathetic lives has come down to. 
Never mind that the the majority of Supremes found ObamaCare constitutional despite the word "tax" never once appearing in the 2,500+ page legislation, or that "all bills for raising revenue shall originate in the House" – Section 7 Paragraph 1 (the House not the Supreme Court),  or the particular tax Roberts cited is undefined & really non-existent in the Constitution.
Now in my judging whether or not something is constitutional I first ask myself what would the Founders approve of re the matter & then check the Constitution itself – which will never let you down.  In the ObamaCare matter the founders would never have found it constitutional & neither would KY Senator Rand Paul who correctly said "just because a couple of people on the Supreme court declare something 'constitutional' does not make it so.  The whole thing remains unconstitutional."
So the focus turns to the November election – where it should be instead of the Supreme Court - for resolution.  Many are saying this is such an important election because it is our only chance to rid ourselves of ObamaCare.  By BO's design this may not be correct in that far too many people do not know what really lies ahead for them re penalties (sorry taxes), requirements to buy insurance, & wait lines for such things as therapies for aching muscles & joints.  It may take some years after the November election before enough people can experience the damage ObamaCare has done to our way of life & our standard of living.  I believe it will be far easier in a few years to overrun all of the healthcare loving statists than it will be in November if only when I consider the Republican alternative.
On the same day ObamaCare was found constitutional Mitt said he would keep several of the law's provisions as part of his reworking it.  For one Mitt said a new law must "make sure that those people who have pre-existing conditions know that they will be able to be insured & they will not lose their insurance."
With that statement made within hours of ObamaCare being found constitutional how reassured are you that there is any difference @ all between Mitt & BO on healthcare?


  1. Very, very sad day for US. What dunces we have in supreme court. And if BO wins election expect 6 month waits for MRI's if you tear your knee. And if you are a small company you will have severe costs if you try expand beyond 50 employees. If you are a doctor expect to spend more time on paperwork than treating patients. If you are bright teenager aspiring to be a doctor and expect a world of socialism in the US you may opt for degree in public admin. Appears that area will be one of very few jobs.

    May be a blessing in disguise. This ruling may wake up conservatives and make 2010 look like a walk in the park.

    RTE - this comment was received from a subscriber to RTE prior to the subject posting.

  2. Ron Paul on today’s Supreme Court decision:

    “I strongly disagree with today’s decision by the Supreme Court, but I am not surprised. The Court has a dismal record when it come to protecting liberty against unconstitutional excesses by Congress.

    “Today we should remember that virtually everything government does is a ‘mandate.’ The issue is not whether Congress can compel commerce by forcing you to buy insurance, or simply compel you to pay a tax if you don’t. The issue is that this compulsion implies the use of government force against those who refuse. The fundamental hallmark of a free society should be the rejection of force. In a free society, therefore, individuals could opt out of “Obamacare” without paying a government tribute.

    “Those of us in Congress who believe in individual liberty must work tirelessly to repeal this national health care law and reduce federal involvement in healthcare generally. Obamacare can only increase third party interference in the doctor-patient relationship, increase costs, and reduce the quality of care. Only free market medicine can restore the critical independence of doctors, reduce costs through real competition and price sensitivity, and eliminate enormous paperwork burdens. Americans will opt out of Obamacare with or without Congress, but we can seize the opportunity today by crafting the legal framework to allow them to do so.”

    RTE - this comment was received prior to the subject posting.

  3. Rick Santorum's prediction is about to come true. . . “If Governor Romney is the Nominee discussions regarding Obamacare is off the table”. Roberts has spoken the final word on Obamacare. Once again, like it or not, we got what America voted for.

  4. I am not smart enough to figure out the pros and cons of this issue.

    You hear various people preaching the pros and cons and they are telling you this by reading 3-5 pages, that they wrote -very simple to understand. right??

    Then why was over 2,500 pages printed to tell you what other people condensed it to 3-5 pages.

    If I were younger, I would run for office, promise the people everything and would get elected. I would avoid saying how to pay for those promises.

    How many people do you think read those pages?

    As usual gov't makes simple matters that people can understand into large ones that people do not understand .

    Do you think 2,500 plus pages was necessary?

    RTE - only to make the point you just did.

  5. "Bait and Switch".....what an apt description of Thursday's Supreme Court ruling on ObamaCare...

  6. Inflation just went up 30%.

  7. Doug – you are spot on pointing out the open ended right for the government to ‘tax a non activity’. This generates an incredible amount of momentum to the Left’s drive for socialism and confiscation of our freedoms. The Socialist and Marxist Democrats and the belly dancers were jumping for joy after the SCOTUS ObamaCare ruling. Now there is Democrat talk of forced unionization of all doctors.

    We must reverse this momentum ASAP. I doubt we will have that opportunity in 2016. I doubt that our foreign creditors will allow our debt to increase to 21.5 trillion with our GDP at 17 trillion (debt growing at approx 1.5 trillion/year and GDP at 2%/year – my own private projection). The time to act is now – 2012 with Republicans taking the WhiteHouse, House, and Senate with 60, and immediate repeal of ObamaCare.

    We must do all possible to the creation of the following:

    A new 1% that BO is creating that consists of a ruling elite that includes the Democratic Party with their powerful czars and heads of agencies such as EPA implementing CapnTrade and NLRB preventing companies to expand in right to work states and Energy Dept wasting billions on ventures no private entrepreneur would touch, a HUD that continues mandates for banks to loan to those who cannot repay, 33 new ObamaCare Agencies to ration health care, DoddFrank administrators threatening to rule on financial matters they have no clue about, etc. This new 1% will be a 21st century Politburo.

    BO is currently decimating the current 1% via DoddFrank and continuing war on capitalism. BO likes to state that he is helping the middle class. Rather he is shrinking the middle class by providing so many entitlements that many loose work incentive and their private industry earning potential. In early 1980’s 18% paid no income taxes. In 2011 49% did not. BO continues to increase the ‘Dependent of Government’ or ‘DOG’ class that will perpetually vote Democrat. This will allow the new 1% a life of extreme luxury while all others suffer and loose many freedoms.

    While Mitt Romney is far from an ideal conservative candidate, he greatly appreciates the profit incentive for economic prosperity and promises to unleash development of our newly discovered hordes of oil and natural gas. That by itself in several years may generate over 1,000,000 new jobs.

    What to do? Support Mitt and especially support all Senate races so we can reach 60 filibuster proof majority. And right here in New Jersey – join ‘Anna’s Army’, Anna Little for Congress to defeat one of BO’s strongest ObamaCare supporters – Frank Pallone.