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Sunday, January 24, 2010

Democrats Talking About Using the "Nuclear Option" to Pass ObamaCare "as an Easter Basket" - Audio

Here is audio of Democrat Rep. James Clyburn telling liberal talk show host Bill Press that the "way forward" on Health Care Reform is to use the "Reconciliation Process" to pass a bill "as an Easter Basket." It also has audio of multiple other Democrats saying the same thing, that the use of the "Reconciliation Process" to pass a bill of some kind is a definite option. The "Reconciliation Process" has also been called the "Nuclear Option," and Democrats howled at even the suggestion of Republicans using that process to get Judicial Nominees approved during the Bush Administration. It was not used, but now Democrats seem to have no qualms at using it to push through ObamaCare. Such a process only requires 50 votes to pass a bill (plus VP Joe Biden), and bypasses the possibility of a filibuster by the GOP.


B. Johnson,  January 24, 2010 at 2:11 PM  

Given that the federal Constitution is silent about public healthcare, the 10th Amendment automatically reserves government power to regulate and lay taxes for healthcare to the states, not the Oval Office and Congress.

Consider that Jefferson, while discussing the Founder's division of federal and state government powers, had noted that the Founders had trusted the states, not the Oval Office and Congress, with the care of the people.

"Our citizens have wisely formed themselves into one nation as to others and several States as among themselves. To the united nation belong our external and mutual relations; **to each State, severally, the care of our persons** (emphasis added), our property, our reputation and religious freedom." --Thomas Jefferson: To Rhode Island Assembly, 1801.

In fact, the USSC has already decided that Congress has no business sticking its big nose into the medical practice.

“Direct control of medical practice in the states is obviously beyond the power of Congress.” –-Linder v. United States, 1925.

It's also important to note that Chief Justice Marshall had established the case precedent that Congress cannot base federal taxes on state power issues.

"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." --Chief Justice Marshall, GIBBONS V. OGDEN, 1824.

So not only is proposed Obamacare constitutionally unauthorized, but Congress doesn't have the power to lay taxes to fund Obamacare either.

If Congress actually respected the Constitution that it swears to defend, what Congress needs to do establish Obamacare is the following. Article V requires Congress to propose an amendment to the states which, if the states chose to ratify such an amendment, would expressly give power the Congress to administrate healthcare. But the states can always choose not to ratify such an amendment in which case Congress remains without power to address healthcare issues.

The reason that Congress is pretending that it has the power to establish healthcare is the following. By the early 1940s, constitutionally clueless FDR had managed to nominate 8 justices who tended to ignore state sovereignty. These justices sought to allow Congress to overstep its constitutional limits to help FDR establish his socialistic spending programs. Justices did so by not only perverting the Founder's intentions for the general welfare and commerce clauses, but also ignored state sovereignty statutes like Article V and the 10th Amendment when they decided cases which tested the limits of Congress's powers.

And the reason that the corrupt Congress continues to get away with ignoring its constitutional limits is because citizens have evidently not been teaching the Constitution and its history to their children for many generations, IMO.

The bottom line is that voters have a big mess to clean up in DC in 2010.

Anonymous,  January 24, 2010 at 3:57 PM  

I really wish that the people that thinks Reconciliation is like some magic pill that makes Scott Brown's election go away would take the time to read and understand the "byrd rule". 41 senators can cause massive problems in the Reconciliation process, and the finished product might very well have no teeth.

Brian January 25, 2010 at 6:19 AM  

B. Johnson,
Thanks for that outstanding and informative comment. If the Democrats manage to pass ObamaCare, I would think we will see a Constitutional challenge to it along the lines you have outlined. Thanks again!

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