ObamaCare: The Coming Battles
Now that the House of Representatives has passed the Senate version of ObamaCare, what should Americans expect? If you are concerned about the future of your health care and the future of this country, here are a few things to prepare for in the short, medium, and long terms.
In the short term, Senate Republicans could attempt to derail the process by modifying any attempted “reconciliation bill,” thus forcing another House vote.
We may also see various legal challenges to the constitutionality of ObamaCare. In a Washington Post piece from March 21, 2010, Georgetown University law professor Randy Barnett offers a nice rundown of the possible constitutional challenges and their likelihood of success.
In the medium term, Americans who disagreed with their congressman’s vote on ObamaCare will have to express their opinions at the polls. President Obama demanded that Congress pass his agenda, saying that if American disagreed then, “that’s what elections are for.”
As Kimberley Strassel noted in the Wall Street Journal, Democratic leaders have repeatedly told moderate Blue Dogs that current voter opposition to ObamaCare would fade by November, and that Democratic congressmen would instead be rewarded at the polls if they sided with the president and proved that the Democrats could “govern.”
Hence, anyone who made a public promise to oppose their legislator in the November 2010 election if they voted for ObamaCare should follow through on that promise, and as publicly as possible. (Similarly, anyone who promised to support their congressman if they voted against ObamaCare should do so.)
Pelosi and company are banking on Americans having a short memory on this issue. If tea party protesters and like-minded Americans drop the ball and prove them right, then everyone will know that the tea party movement is just a toothless political “paper tiger.”
Come November 2010, politicians and pundits will learn one of two lessons. Either they will learn that the tea party protesters are all talk and no walk — or they will learn that the tea party protesters are a force to be reckoned with, and that anyone who crosses them does so at great political peril. Which lesson they learn will be up to us.
Hence, the medium term task for Americans who promised action in November will be to follow through on those promises.
Finally, in the long term, the primary battle will be one of ideas.
Some provisions of ObamaCare will take effect immediately (such as new insurance regulations), whereas others will not take effect for a few years (such as mandatory insurance).
Problems already occurring under the similar Massachusetts plan of “universal coverage” — such as rising costs to the government and long waits to see primary care and specialist physicians — will inevitably unfold at the national level. When they do, it will be crucial for Americans to place the blame where it properly belongs — namely on the government takeover of health care and health insurance.
When the Massachusetts plan started failing, a ferocious battle of ideas erupted as to the root cause of the problems of skyrocketing costs and reduced access to medical care.
Many liberals argued that these problems “proved” that there were insufficient government controls. They blamed the highly regulated residual free market elements of the Massachusetts plan. Hence, their proposed solution was a complete government takeover of health care in the form of a “single-payer” system.
Others argued that the problems were caused by the government controls. Hence, the proper solution would be to repeal those controls and implement genuine free market reforms.
Supporters of the free market must not allow the liberals to evade the responsibility for problems they’ve created and instead wrongly shift the blame onto the free market.
As George Mason University professor Peter Boettke once noted:
If you bound the arms and legs of gold-medal swimmer Michael Phelps, weighed him down with chains, threw him in a pool and he sank, you wouldn’t call it a “failure of swimming.” So, when markets have been weighted down by inept and excessive regulation, why call this a “failure of capitalism”?
Similarly, we should not allow the coming failures of ObamaCare to be portrayed as failures of the free market (thus “justifying” a fully socialized medical system), when they will actually be failures of government controls imposed on the free market.
Whichever side wins this upcoming battle of ideas will determine the ultimate future of health care in this country.
America was founded on the principle of individual rights, including the rights to life, liberty, and the pursuit of happiness. The first round of the political battle over health care has gone to those who would violate those rights. But this is still our country. If Americans commit to fighting for their lives and their freedom, then the final victory can still be ours.
This mess is breaking Massaschusetts right now, but fortunately they have the federal governmnet to bail them out. This’ll break America too, but fortunately… um, oops. Well, Democrats, who’s going to bail America out? Didn’t think of that one, did you?
Socialism = Slavery. That’s what people need to know. They also need to know that their health and welfare is not worth my liberty.
I really like former library of congress historian Paul Madison’s constitutional arguments over Randy Barnett’s in regards to the commerce and general welfare clauses here:
http://federalistblog.us/2006/08/busting_congress_interstate_commerce_myth.html
… and now the Dems will bring the immigration amnesty bill out of mothballs, and pass it this summer.
Just in time to mint millions of new Latino voters who are almost guaranteed to vote Democrat.
Lovers of liberty – check election regulations in your area, and make sure there is a “cooling off period” before new citizens can vote.
We can start by dumping those two RINO’s from Maine, Collins and Snowe for voting to move Obamacare out of commmittee, “just to keep the conversation going” fools, ya the conversation moved to Harry’s office and closed door meetings without Republicans.
Next take a page out of the cheating liberals playbook, tie this crap sandwich in the courts for years , take over control of the Congress and defund, just like those Re-gressives did in Nam. Payback will be a biatch, smells like victory.
Human Rights, Voting Rights, Cultural Rights, Heatlth Care Rights, Environmental Rights…this is progress !
All have had their debates .. but what is important is that America cannot go backwards, only forwards…
At least now when people are sick, they might be able to get help…
“7. Poor Citizen:
…….
At least now when people are sick, they might be able to get help…”
They always could. So that is just a liberal lie. Also why would we expect this socialized medicine to work any better here than every where else it has been enacted.
The poor will die waiting for their appointment. And that really is your leftist objective isn’t it Poor Citizen. As long as you can kill Black babies in the womb, all is good in your world.
And if the election prove futile. That is if conservatives and all Americans of good conscience cannot overcome the corrupt left in this country. The bought and paid for votes, the ACORN/obama election fraud, the media leftist propaganda . If we cannot overcome that in sufficient numbers to repeal this monstrosity… then Americans of good conscience must fight.
To start with I would suggest taking another page from the “progressive” socialist playbook. We go on strike.
Forget something we have spent 8 months fighting vigorously?? Including spending much of our own hard-earned (not yet 100% confiscated) money to fight, via trips to D.C. and donations to Brown, Christie, Burns, etc.?? Not bloody likely!!
The Tea Partiers have only just begun.
Poor Citizen, when people were sick in the past were they not able to get help?
To reiterate: We in this movement SPEND OUR OWN TIME AND MONEY. The opposition also spends OUR MONEY, never their own! That in itself makes us legitimate and them illegitimate!
This fight is not over unless we say it is. We need the tea party more than ever. Now is the time to organize.
I am wearing black today to mourn the end of individual rights and limited government in America. But tomorrow I get back to the fight for their rebirth. Thanks for the pep talk, Dr. Hsieh.
The Democrats aren’t “governing”, they are “ruling”. Didn’t we have a revolution, the entire point of which is that man is not meant to be ruled by an elite that knows better than the people?
The Times of London reported Sunday March 14 there were now only 600,000 people on the 18 week waiting list for medical procedures. (As opposed to 1.3 mil 12 years ago. Progress!)
Americans are not good at waiting. The lines at Disneyworld are about it. That and getting out of the parking lot after a ball game.
The frog’s in the frying pan.
Find and join a local Tea Party. Commit to going once a month. Try to bring a friend. Read every week about our history and constitution.
My friends, it’s time to pray to God for help and guidance in our fight for liberty as our forefathers did in the original America Revolution. Please pray now. Please pray earnestly. Please pray regularly. Through God all things are possible. Return to your roots and recognize God and his power. Thank you and may God bless you and our great country.
“Poor Citizen”
I am not wealthy. I do not have insurance. I go to the doctor when I am sick. And pay him. I help others with bigger bills through a cooperative sharing arrangement monthly if I needed it they would do the same. I take out no-interest loans (provided through arrangement with your friendly demonized health care providers) and pay for expensive dental work. If I couldn’t do the above there are resources available. If I had to I would access them.
To imply that “at least” people who are sick now *might be able to get help* sounds like you are really out of touch with real life. It’s there. You’re not.
The citizen who seeks for government to provide them with their health is indentured to the whims of government for what it will or will not give. Government is not a charity, its objective is not to provide care but cut costs, and its oversight in other areas, such as disability in SSA, means that it will seek any excuse not to find one disabled if they can somehow fashion one job you might be able to do from their bureaucracy. I have been down that route and know that the mound of paperwork I generated during nearly a year of trying to find out what my condition was, with reports from NIH, multiple physicians, countless specialists, 3D cardiogram, countless vials of blood for testing (I stopped counting after the first 50), MRI, genetic consultation, and, finally, one specialist who knew how to actually diagnose my case and what I had was the most complete record that SSA had ever seen for an application. It was some 6″ thick at that point. Being unable to walk a city block due to fatigue and having a form of nacrolepsy that impaired me to the point where I was barely able to stay awake for an hour a day really should be grounds for some form of disability as it was due to brain damage suffered from a perfectly legal, prescribed medication.
Don’t worry, its not enough.
Even my wife who was well and mentally alert, and far more capable than I was at the time said that no one who was ill could figure out how to fill out the basic forms to even begin applying for disability. Especially one effecting the mind and mental faculties.
Once I knew the damage had stopped I worked long and hard to ensure I got proper medication, and received flak from my private insurance until the neurologist explained it in terms they could finally understand… which took two years.
Seek not succor from government, it does not have the milk of human kindness within its bureaucracy.
Pity the fool who believes the powers of punishment we lend to government to protect us from individuals who would damage society are actually capable of building society: they seek to put the Punisher in charge of you to force you to do good, and there is no greater evil than that.
I have seen, first hand, what the ‘good’ is that government can do. And done without it, as I wished to begin my recovery and not be in the thrall of government forevermore. Now I get 5 or so lucid hours a day and can walk nearly two city blocks without being exhausted. And yet my full mental capability has not returned and my stamina is long gone and not coming back to traditional manners of exercise for it is the repair of damage on a daily basis that is impacted by my condition.
Thank you, but no, to ‘help’ from government.
I wish to survive, thank you. And my plans in case of ill health worked out years prior to the happening have worked out well for me… good thing I never counted on disability from SSA. I had heard the stories of others, before me and took heed.
Too bad there are those wishing that upon all the people. I know what that looks like in small, and sorrow that there are those who believe this will be any good, at all.
Here’s to hoping O’s criticism of the Supreme Court comes back to bite him in the butt.
The forced passage of this Health Control legislation is an abomination in both process and result. However, it frees those of us who have been operating under the mores of traditional political debate from restraint. Not only must we use the tactics of the enemy, but we must go further. First, use every method available to minimize your tribute to government. Second crash the system. Overwhelm government employees with demands. Make their lives miserable. Demoralize them. Use their processes against them. If you work for the government, you are a hero if you can gum up the works from within. Third, boycott every organization who supports this, even quietly. No money to non-profits who support this. When you are in any position of power, remember how the Left behaves in power. Force people to take a stand, don’t let them off the hook. If they support it, cut them off. Do it all blaming Obama: “you don’t want to do this, but are forced to by the Democrats take over of health control”.
This sounds radical and it is. It sounds extreme and it is. For too long we’ve been moderate and reasonable. We’ve always done the right thing. We’ve paid everything we were told to pay, We’ve not taken everything we could. We’ve done much for others. Well we’ve been suckered. No more. This is war.
Tea Parties and November elections?
Mean while back in the USA.
Mortgage foreclosures are at record highs and the health care bill just raised taxes on income form rental property.
Unemployment is still at record highs and the health bill just promised a fine of $2,000 for each employee that the employer cannot afford to pay for insurance.
Health care cost are rising and the health care bill just raised taxes on medical devices and other parts of the medical industries.
Yes, lets focus on tea parties and elections.
btw… I shorted the stock market on Friday afternoon. Does any body think I blew it?
@poor cititzen. Guess what, you’re gonna pay for my healthcare. I have had Blue Cross for years. Pay about $300/month. I’m gonna drop it, pay the $750 yearly fine to the IRS, and when I get sick, I’ll have a right to healthcare. And YOU & your kids are gonna fund it. I’ll be saving over $3k year by dropping my insurance. You’re the one who’s gonna get stuck with paying for my future heart attack.
Poor Citizen #7:
All have had their debates .. but what is important is that America cannot go backwards, only forwards…
At least now when people are sick, they might be able to get help…
Me:
You are right – we did have the debate. YOUR SIDE LOST THE DEBATE. The vast majority of Americans oppose this nightmare! It was done TO us anyway! That isn’t progress – that is totalitarianism!
Now when people are sick – they can become supplicants to their government who will get to decide if they will get help. My God forgive us for permitting this.
There is a federal law that requires ER’s to treat anyone regardless of insurance or means to pay, meaning the hospital takes a loss. More and more primary doctors of medicare patients send them to the ER for minor problems, which are treatable in the office, because the reimbursements paid to them from medicare (the government) are so low. Once again, the hospital and the ER doctors take a loss. This slows down treatment for everyone making ER wait times longer. Now add in obamacare with further cuts to medicare and pray your family does not need an emergency room for a true emergency, there may be someone taking up a bed in the back who has had a cough for 2 months.
I WILL NOT COMPLY!!!!!
Here’s a thought – some of the states are in economic crisis and don’t feel they can afford to fight this. How about each true American patriot help out with the cost of litigating this obmanation of health care reform by sending a dollar or whatever they can afford to their state Attorney General – if their state is fighting this obamanation!
From this conservative’s viewpoint: there is a larger issue besides what just happened in Washington, and beyond the scope of Washington to resolve —- which represents a real opportunity.
The tea party needs to to morph into a 10th amendment movement. The tea party is largely libertarian in its perspective, and what could be more libertarian than limiting the power of the central government? This would mean subjecting every state official to take a position on this issue. The objective would be the reached critical mass, at the state level, to reaffirm the Federalist system with its original perspective: that the ultimate source of political power resides with states and its people.
This really would be standing up to political class of big central government.
Federalisms allows the states to pursue social social welfare policies to the degree they wish, but does not allow the imposition of this expansion of economic and political control by the political class on other states through the central government.
The failure to maintain the system of federalism will increase strains and friction between states. The rumblings of succession by the fringes will increase and could cause real problems.
A constitutional convention to force a real national discussion about our out-of-control centralized government should be done by calm, thoughtfull, but firm citizens. Concerned citizens of the grassroots need a solid understanding of the legal, philosophical and historical foundations of federalism — with careful rationality, avoiding emotional rhetoric and wild actions that would discredit the movement.
Without reaffirmation of the 10th amendment, states are rapidly becoming administrative districts of the federal government.
Well, well. The “I-was-at-Woodstock-man!” (see Pelosi, Nancy) crowd makes their last, final, destructive stab at America. The children of privilege, and their children (See Obama, Barack)raised to believe that they are our natural superiors (see Marx, Karl) here to guide us on the path towards righteousness as they see it, of course. Would be that all those whom Dems rely on for votes understood that those very same Dems hold them in such low regard.
I’m just happy now because I won’t have to wear my dead sister’s teeth. Of course, does Obamacare cover dental?
GENERATION ZERO! Pray for our Supreme Court. I will be overturned. My goal is to see this group of criminals slapped in the face with the fist of the court, and then the people, in November. Our other goal should be the impeachment of Obama.
In the choice between fight or flight, the rational reaction to this is flight… Paul’s recommendation is to fight. I disagree, respectfully..
My sense here is that to rely on republicans after decades of utter disappointment to correct this current historical error is really hard to swallow. There is profoundly little evidence that the gang of looters-light-the republicans-will repeal this bill. Even if they do, the likelihood of repeal in toto seems even more remote.
What their track record is, is to compromise. Consensus and the creed of self-sacrifice rule the psyche of the GOP… When push comes to shove, when their finger is on the trigger of a gun that would totally sever the chains upon our liberty they always seem to purposefully leave several links attached…
Somehow, someway, we need a far different plan than to rely on republicans.
This article presents a list of the potential issues that will sugar out of the House’s decision of 3-21-10.
Here’s a point that needs to be understood by all who oppose the progressive’s agenda and their attack on liberty. Conservative candidates need money to campaign against the statists and rein down blows upon their empire. I have made small contributions to 15 conservative Senate and House candidates across the US since the beginning of 2010 and I will continue with this strategy through October of 2010. If millions of conservatives do this we will be arming our side for victory on November 2, 2010. To anyone reading this who is a conservative, this means you need to stop whining and start putting your money where your mouth is.
I sent a contribution to Stupak’s republican opponent this am, one to Ken Buck in CO on Sat, one to Rick Ashoosh of NH this morning and one to Djou of Hawaii on Sunday morning. I also sent a contribution to Marco Rubio Sunday. Previously this year I have contributed to Scott Brown, Pat Toomey, Chuck Devore and Jennifer Horne, amoung others, each in order from MA, PA, CA, and NH.
Hsieh offers a blueprint of upcoming issues and battles. Only effective conservatives can carry the day and defeat the progressives. Let’s let loose the funds so those candidates can win and make Obama’s political life the unending hell it deserves to be. We have way more wealth than the ACORN types, the time has come to spend it and swamp the opponents boat.
There is plenty of opposition to ObamaCare; Fund it !
@25. Vidbizz: I have had Blue Cross for years. Pay about $300/month. I’m gonna drop it, pay the $750 yearly fine to the IRS, and when I get sick, I’ll have a right to healthcare.
The left will soon discover what an unforgiving bitch The Law of Unintended Consequences can be. They have now made this course of action the most logical one, not only for individuals but for employers of ALL sizes as well.
CommieCare in MA demonstrated that a mandate to purchase insurance drove premiums higher, faster than the national average. So it will be (on steroids, as it were) with National CommieCare. As such, it’ll be a long time before it’s more economically advantageous to comply with the mandate than to simply pay the fine.
Of course this is what the federal elite are hoping for anyway: a new source of revenue (fines) and economic conditions which simultaneously drive people away from private health care insurance. All of this while absolutely nothing is done to bring the skyrocketing cost of health care under control.
So once again, through government meddling – identical to Medicare, HMOs, federal subsidies for comprehensive, employer-funded insurance – the socialists have engineered the beginning of a new health care crisis, and will later come to the rescue with renewal of the “public option”, i.e., socialized medicine. Look for that one to be passed by a Republican Congress unless we can clean out the career criminals in D.C.
The Republicans should offer an amendment making it impossible to change doctor compensation for a one year period of time. This would prevent the “Doc Fix” from taking effect prior to the November elections and thereby expose the bait and switch basis of the alleged “savings” necessary to justify using the reconciliation process.
Force doctors to reject service for those 32 new million freeloading patients who choose not to pay enough to cover basic expenses.
Turn the dreams of the freeloaders into mud and enthusiasm for the bill will vanish.
The CBO estimated the 10-year cost of Health Care Reform under $1 trillion. But that included four (4) start up years where costs were estimated around $25 billion per year. The 10th year full implementation cost was estimated at over $200 billion. That means the 10-year estimated, fully implemented cost is over $2.4 trillion if you believe CBO’s estimates. Looking at historical estimated versus implemented cost of other government plans including Medicare, a conservative actual 10-year estimate of ObamaCare is over $6 trillion or $600 billion per year. We’ll be lucky if it comes in near that number. To put that into context, if we eliminated the entire defense budget we could probably afford this Health Care Reform package.
#36 goy:
“The left will soon discover what an unforgiving bitch The Law of Unintended Consequences can be. They have now made this course of action the most logical one, not only for individuals but for employers of ALL sizes as well.”
Goy, you and I usually track things pretty closely, although with some notable exceptions.
But I’ve gotta tell you man, you’re posting like you just did 40 bong-hits and were listening to Foghat at “volume 11″ here.
Democrats learn the Law of Unintended Consequences?
On what evidence?
Social Security? In the red this year…have they learned?
MediCare? Sinking so fast that it’s own shadow will still be visible on the surface after it’s already hit the bottom.
Federalized Public Housing? They’ve been tearing down the “LBJ Memorial Vertical Ghettos”,(while “vouchering” the fornmer inhabitants so that they destroy OTHER communities when they exodus), as fast as they can drill the holes and plant the TNT to implode the structures.
The Federal role in Public Education? “if yoo kin reed this, thank a teechur!”
These slobbering moonbat booger-eaters lern NOTHING from their mistakes.
In their damaged crania, they don’t MAKE mistakes.
Even now, I’ve seen slack-jawed liberal dirt-merchants equating the passage of this Federal Unfunded Mandate upon the Citizenry to the struggle to gain passage of the Civil Rights and Voting Rights Acts…as though these flatulent buffoons had faced down Sheriff Bull Connor and his police dogs and fire hoses.
Their response to this, their latest
“man-made,[governmental],catastrophe”, will be an even WORSE one.
And you KNOW this!
I have already called my Congressman, Jay Inslee. I told his staff that I will be mailing them a copy of the receipt for the donation I make to his opponent, as soon as I determine which opponent is the best supporter of freedom and individual rights.
If this monstrosity continues, it will create more “John Q” moments than you can imagine.
@39. Bilgeman: – … you’re posting like you just did 40 bong-hits and were listening to Foghat at “volume 11″ here. Democrats learn the Law of Unintended Consequences?
Hmmm… project much? Read it again. I didn’t write anything about “Democrats” “learning” anything.
The left – the useful idiots and sycophants the Democrats (read: socialists) have been exploiting for their own ends – are going to discover that this “victory” does nothing to give them what they want (see also: “social justice”), and everything to take away what they have (their soon-to-be-reconciliation-addicted Democrat majority in Congress).
I make no prediction regarding what Democrats (or the left, for that matter) will “learn” from that. It will depend entirely on the viability of The Left Wing Media at that point, and how much of it they can manage to dupe people into believing is All Bush’s Fault™.
I’m not a lawyer, but I’ve been wondering about a constitutional amendment prohibiting the government from compelling people by threat of fines, higher taxes, or jailtime, from joining a government health program. Yes, it would have to be worded right to avoid dragging in other existing programs, but it seems it could be done.
“If ye love wealth better than liberty,
the tranquility of servitude
better than the animating contest of freedom,
go home from us in peace.
We ask not your counsels or your arms.
Crouch down and lick the hands which feed you.
May your chains set lightly upon you,
and may posterity forget that you were our countrymen.”
–Samuel Adams
Time to poor it on folks: time, talent and treasure… give it all to the Tea Party Cause lest our posterity forget us.
I am sorry for the U.S. today. Socialized medicine is not the answer. It has caused Canada to be one of the highest taxed countries in the world and led to a mass exodus of doctors to the States. I waited 2 years to find a GP that was taking on new patients. The level of care is factory-like….in and out as fast as possible with little time for the patient. See as many people as you can so that you can bill the government and get your money. Forget about seeing a specialist, that takes months. A lot of Canadians cross the border. Now where will we go? Welcome to my nightmare America.
Pelosi and company are banking on Americans having a short memory on this issue. If tea party protesters and like-minded Americans drop the ball and prove them right, then everyone will know that the tea party movement is just a toothless political “paper tiger.”
They are also banking on their MSM allies to provide a litany of hosannas from now to November, praising the wise far-seeing Democrats for their superb decisions of ‘social justice’, and pouring vitriol over the Republican losers whose twisted cynical antidemocratic motives were given a proper thumping.
The 54% majority of Americans who opposed this travesty of legislation, of course, will be excluded from the discussion.
Kudos to “flipside” for reminding us of Collins and Snowe; they should pay as well as all the Democrat traitors.
Love your “crapsandwich” idea. Fight fight fight!
Let’s see who is paying attention.
Article 5 of the Constitution provides for the process of Amendment. Some are fearful that an article 5 convention would render the entire document subject to amendment. It is my understanding that the amendment could be limited by subject matter, which would exclude the threat of wholesale change after hijacking by the left.
What if an amendment convention was assembled from a targeted 2/3rds of the states? Potentially, you could freeze out California, New York, and some of the other liberal bastions and build the convention from the more conservative areas of the country. A small state gets just as much of a say as a big state under Article 5.
We need to put the genie back in the bottle and I have little faith in the courts to do that. We need a stronger, more black and white approach that the courts and Congress can’t meddle with.
Ok, who will engage me on this topic? Take a look at Article 5, it is a cumbersome process, but it exists and it could be the magic bullet we need to rein in the progressives. Defiant whining ain’t going to carry the day.
Anyone know the best place to look for the voting results from yesterdays Obamacare disaster?
There is a 2nd revolution coming. It will not be pleasant.
As Dr. Hsieh’s excellent op-ed piece details, despite the fact that the bill has now passed we can still prevent the oncoming disaster. The individuals who voted for this bill need to be voted out. Constitutional challenges need to be attempted as it should be fairly clear that this bill is unconstitutional. I can only repeat Dr. Hsieh’s inspiring conclusion:
America was founded on the principle of individual rights, including the rights to life, liberty, and the pursuit of happiness. The first round of the political battle over health care has gone to those who would violate those rights. But this is still our country. If Americans commit to fighting for their lives and their freedom, then the final victory can still be ours.
Shall we try argument? Sir, we have been trying that for the last ten years. Have we anything new to offer upon the subject? Nothing. We have held the subject up in every light of which it is capable; but it has been all in vain. Shall we resort to entreaty and humble supplication? What terms shall we find which have not been already exhausted? Let us not, I beseech you, sir, deceive ourselves. Sir, we have done everything that could be done, to avert the storm which is now coming on. We have petitioned; we have remonstrated; we have supplicated; we have prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical hands of the ministry and Parliament. Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded; and we have been spurned, with contempt, from the foot of the throne. In vain, after these things, may we indulge the fond hope of peace and reconciliation. There is no longer any room for hope. If we wish to be free if we mean to preserve inviolate those inestimable privileges for which we have been so long contending if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the glorious object of our contest shall be obtained, we must fight! I repeat it, sir, we must fight! An appeal to arms and to the God of Hosts is all that is left us!
Thanks for another great article, Paul. Let’s hope that we’re able to get the right ideas into the culture so that we can eventually win the long term battle.
#50 Here’s one link: http://pajamasmedia.com/instapundit/96148/
Any actions that the states take will have to be on the constitutionality of the bill and the process that enacts it.
“Congress is planning to force an unconstitutional mandate on the states,”
” Several states have already banned together to write a legal challenge to the constitutionality of whatever individual mandate provision emerges, immediately upon the legislation becoming law.”
Such measures may be more than symbolic, if the 10th Amendment means anything at all, despite what liberals would have us believe. The liberal professors are wrong and regurgitating the typical position of liberals. The Supreme Court is NOT the final arbiter of the constitution – the states are. It is time we started to understand that.
Nullification – Our Constitutional Option:
The Tenth Amendment Center describes nullification as follows:
First, nullification has, in fact, been somewhat successful in the past and more recently as well.
“Official” nullification has ALREADY HAPPENED.
Before I explain why “official” nullification has already happened, let me briefly give some examples of what nullification is NOT
Nullification is not secession or insurrection, but neither is it unconditional or unlimited submission. Nullification is not something that requires any decision, statement or action from any branch of the federal government. Nullification is not the result of obtaining a favorable court ruling. Nullification is not the petitioning of the federal government to start doing or to stop doing anything. Nullification doesn’t depend on any federal law being repealed. Nullification does not require permission from any person or institution outside of one’s own state.
So just what IS “official” nullification you might be asking?
Nullification begins with a decision made in your state legislature to resist a federal law deemed to be unconstitutional. It usually involves a bill, which is passed by both houses and is signed by your governor. In some cases, it might be approved by the voters of your state directly, in a referendum. It may change your state’s statutory law or it might even amend your state constitution. It is a refusal on the part of your state government to cooperate with, or enforce any federal law it deems to be unconstitutional, as in the case of ObamaCare.
Nullification carries with it the force of state law. It cannot be legally repealed by Congress without amending the US Constitution. It cannot be lawfully abolished by an executive order. It cannot be overruled by the Supreme Court. It is the people of a state asserting their constitutional rights by acting as a political society in their highest sovereign capacity. It is the moderate, middle way that wisely avoids harsh remedies like secession on the one hand and slavish, unlimited submission on the other.
It is the constitutional remedy for unconstitutional federal laws.
With the exception of a Constitutional amendment, the federal government cannot oppose (except perhaps rhetorically), a state’s decision to nullify an unconstitutional federal law without resorting to extra-legal measures.
Actually if enough states pass laws like this, it can overturn federal law.
Ultimately, sovereign authority rests with the People, and they empower the three branches of federal government with some (not all) of that authority in their name.
Among the amendments currently being offered in a proposed Bill of Federalism is one that reads as follows:
Article [of Amendment 6] [Power of States to Check Federal Power] Upon the identically worded resolutions of the legislatures of three quarters of the states, any law or regulation of the United States, identified with specificity, is thereby rescinded.
@49. Samizdat: – Ok, who will engage me on this topic?
At this point the real value of an Article V Convention would be in raising awareness regarding how much federal abuse is currently underway. That will happen even if no resolution is passed as a result of the convention. Kind of like what ClimateGate did to AGW.
Constitutional cognoscenti aside – like TEA Party folks, Glenn Beck, etc. – the People are still largely asleep, and an American Awakening is needed if the Republic is to survive. One more political pendulum swing back to a GOP majority isn’t going to achieve that.
Interestingly – despite the knee-jerk, “but ANYTHING can happen!” hysteria and FUD – the only real “problem” presented by an Article V Convention is one we’re already dealing with: that of selecting competent representation (i.e., delegates) from the various States. Since the motivation for ANY State in sending a delegate would be to explicitly secure the rights and authority referenced in the Tenth Amendment, and given that the majority of this country self-describes as essentially conservative, it’s hard to imagine a situation where a bunch of “progressives” are selected to be delegates.
The great point here is this: our Constitution is being effectively re-written anyway. And it’s being done with exactly zero accountability and no input at all from the States or the People, themselves.
I haven’t seen any evidence that any particular State can be blocked from this process, but forming a clear majority among the various States in terms of goals – like an Amendment aimed at explicitly defining the limitations of the federal government – would make that issue moot anyway.
Goy at 57,
Thanks for your insight. After reading your posts for at least a year now I know I can count on you to bring a new dimension to the discussion. Your analysis is thoughtful and I reply thusly.
What is your take on how delegates would be selected? Would a bill be brought in a state legislature setting forth a suggested amendment and a proposal for selecting delegates to the convention?
I look forward to your thoughts
Right on, Paul! We have experienced a setback, but this is far from over. Two echoing comments to everyone.
1. We must indeed stay on top of the message war. Blame, blame, blame every negative effect on Romneycare or Obamacare on statism and the Democrats. In the age of the internet and mass communications, freedom fighters have the overwhelming advantage. It will be extremely difficult for the Dems to bamboozle people into thinking the market has failed and single payer is their only hope.
2. I recommend googling, “[your state] primaries,” to get information on the opposition candidate of your Democrat, if you do not know who he/she is already. Exercise quality control and let them know what you expect in exchange for your support. You may have more than one. If you do, great. When one is picked, actively campaign for this individual. Contribute money. Do not feel if you are in a liberal district that it is a waste of time. My district in Washington state is very liberal, but my Dem has a strong opponent, and as Scott Brown has shown us, that makes all the difference. My Dem’s facade is already starting to crack. He won’t be re-elected. You can do the same. Let’s win!
Online Virtual Tax Revolt!
. . . Sign up here to join the almost 200,000 Americans already on board the Tax Revolt Special: http://www.onlinetaxrevolt.com/
All you do is register, choose an avatar to represent you, and join a group if you wish. Registration is simple, there are a few dozen avatars to pick from, and dozens of optional teams to “march” with including seniors, young people, veterans groups, et al.
The movement, led by Mike Huckabee, Neal Boortz, Grover Norquist, Michael Reagan, Joe “the Plumber” Wurzelbacher, and others, is designed to shake up D.C. and repair our broken tax system which was made even worse by yesterday’s passage of the abomination of Obamacare. . .
(Read more at http://www.genelalor.com/blog1/?p=1582)
To any who are afraid of progressives hijacking an Article V convention, remember that any amendment proposed by this convention can be blocked by any 13 states, as it takes 3/4 of state legislatures (38) to ratify an amendment, regardless of whether it is proposed by Congress or an Article V convention.
Excellent article; it is helpful to know where to go from here. Yes, this IS our country, and we are at a crossroads. Never has it been so important to keep up the fight and use the most powerful argument: the MORAL one.
Thank you, Dr. Hsieh for your tireless and powerful work!
In the age of the internet with instant messaging, e-mail, SmartPhones, Tweets, social networks and so on and blogs all over the internet the possibility of the electorate that matters is not only not going to forget what happened over the past 14 months they will amplify it and talk about it endlessly.
Look to see the Tea Party to become a dominate force since there are more conservative or libertarians and independents in this country than… socialists or marxist or communist!All combined will fight against what is eating up our country in the current Congress and Senate!
@58. Samizdat: – What is your take on how delegates would be selected?
Article V Convention delegates are elected by their State. As with other State election functions, I believe it’s up to each State to decide the specifics of how the election is run. For legal purposes I believe delegates are roughly equivalent to members of Congress, but whose only official function is to hold office for the duration of the Convention.
- Would a bill be brought in a state legislature setting forth a suggested amendment and a proposal for selecting delegates to the convention?
Again, since this is a very States-driven thing, the details of this would be determined by each individual State.
For purposes of the current issue, which is very well-delineated, the first phase would involve what is already happening, i.e., Virginia, Florida, South Carolina, Nebraska, Texas, Utah, Pennsylvania, Washington, North Dakota, South Dakota and Alabama have all already expressed an intent to file suit with the federal government, alleging that the health care bill is unconstitutional (which, of course, it is). That’s already 1/3 of the States required to call a Convention… in less than 24 hours. This is HUGE news that The Left Wing Media is studiously ignoring, as they trumpet the supposed “benefits” of this plan while conveniently failing to report on the actual cost, ongoing revelations about the hidden and unintended cost, problems looming with respect to the actual reconciliation vote, how much it will likely drive up the cost of insurance, how much it will accelerate skyrocketing health care costs, etc.
If, once this suit is decided, the SCOTUS were to find in the government’s favor, the next step would involve each State either calling for an Article V Convention or submitting an application for an amendment expressly forbidding the feds from running an unconstitutional socialized medicine program, mandating the purchase of insurance, etc. Once enough calls or applications are counted, it is Congress’ responsibility to then actually call the Convention.
This is where problems will arise – at least if it were to happen between now and November. The current cast of criminal clowns running the Democrat Congress would undoubtedly at first simply ignore the call and, then, only grudgingly drag their feet on calling the actual Convention as they worked desperately to ram through the rest of their agenda before November. Most likely it would take a(nother) formal lawsuit brought by at least 2/3 of the States to force a Convention. That’s kind of the problem – when you get to the point where the federal government is SO out of control that an Article V Convention is needed, all bets are off regarding how the actual process would play out. This is why I’m becoming more convinced that it’s critical to hold one – purely for the value it offers in raising public awareness about WHY a Convention is needed in the first place. If a Convention were called, Given BHO, Pelosi and Reid’s arrogance to date, I wouldn’t be surprised at all if it ended up going something like this.
More information than you probably ever wanted to know about this is available here. The most important thing to know is that an Article V Convention is an amendatory convention. It’s not a constitutional convention in the sense that the entire Constitution is up for grabs. Confusion about this difference is what causes most of the FUD on this topic.
So This is How Liberty Dies…With Thunderous Applause: http://mittromneycentral.com/2010/03/21/this-is-how-liberty-dies-to-thunderous-applause/
The post I just linked to is the best post I have read in months. I know it’s easy to get down after last night, but this post really picked me up and I hope it picks you up as well.
Hmmm… pimping Romney in the context of the recently passed socialized medicine program – a program he helped beta-test in MA – seems a tad… tone-deaf.
No more RINOs.
If you want to give health care for all you have to increase Supply. This bill only increases Demand: it will fail.
This bill turns a restaurant into a cafeteria. If you want everyone to eat at a restaurant you build more restaurants (and with more of them they become cheaper — economy of scale).
How to increase Supply?
The liberal left says: disperse what supply we have now equally.
Problem: if you took all the money from people who have it and gave it to those who don’t, for a Service (medicine is a service), in a few years that money is gone and now everyone is Equally Poor.
The enlightened right says: you keep what you earn — and, hopefully after the Finance Fiasco they realize you want people earning for doing Good Work: science, engineering, medicine. (I say: we need to reduce the supply of Politicians and Managers.)
Solution: force all profits (not through the government but through regulation) from oil and other dirty energy into research toward clean abundant energy. Build America as a technological power by not allowing companies to give our technology away by moving it overseas. Then America will have enough wealth to spread around you will have your “everyone gets to eat in a restaurant” health care.
#64 goy:
“Once enough calls or applications are counted, it is Congress’ responsibility to then actually call the Convention.
This is where problems will arise – at least if it were to happen between now and November. The current cast of criminal clowns running the Democrat Congress would undoubtedly at first simply ignore the call and, then, only grudgingly drag their feet on calling the actual Convention as they worked desperately to ram through the rest of their agenda before November.”
I would imagine that in our present context, any call for an Amendatory Convention would need to be accompanied by states’ Articles of Secession, kept “in the holster” as a prod to urge the Congress to execute their duty.
IOTW, call the Convention and submit to the People’s discipline, or lose the country.
“If a Convention were called, Given BHO, Pelosi and Reid’s arrogance to date, I wouldn’t be surprised at all if it ended up going something like this.”
Poretto’s fiction aside, I think we’d see pretty much exactly what was seen in the period between Lincoln’s election,(while Buchanan was still in office), and the firing on Fort Sumter.
The Federal Government was paralyzed,(not least of which because Buchanan correctly perceived that he had no legitimate Power to prevent Secession), in that any move it might have undertook would perhaps have precipitated further breakaways.
This is exactly what happened.
And then the issue of United States’ forces remaining on the territory of a foreign nation arose…and the decision was made by the Confederates to resolve the issue by force of arms once Lincoln showed that he planned to resupply Fort Sumter and deliberately occupy the “cork” in the “bottle” of Charleston Harbor.
PS: In your earlier #43 you wrote:
“The left – the useful idiots and sycophants the Democrats (read: socialists) have been exploiting for their own ends – are going to discover that this “victory” does nothing to give them what they want (see also: “social justice”), and everything to take away what they have (their soon-to-be-reconciliation-addicted Democrat majority in Congress).”
They never seem to discover that, though, do they? They will engage in Moonbat Hive-mind sloganeering until their eyes glaze over about say, affordable housing…and then are dismayed when their taxes increase and horrified when “The Voucher People” start moving into THEIR neighborhoods,(and schools).
“It will depend entirely on the viability of The Left Wing Media at that point, and how much of it they can manage to dupe people into believing is All Bush’s Fault™.”
Quite so, and judging from past performance, I’d have to place my wagers on the continued effectiveness of the “Bush/Jones” & “Nixon/Goldstein” model of Media/Political Stalking Horse.
Which is why they NEVER learn…far easier to blame a Bogeyman than remove one’s coconut from one’s rectum,(politically speaking).
@68. Bilgeman: – Poretto’s fiction aside, I think we’d see pretty much exactly what was seen in the period between Lincoln’s election,(while Buchanan was still in office), and the firing on Fort Sumter.
Very possible. Personally, I prefer Poretto’s version of history though. But then I also prefer to spend my free time writing and producing film score cues for scenes where the bad guys get their asses kicked, so…
Either way, while I can definitely see the majority of States getting strongly behind a lawsuit, followed by a call for a Convention, given the proximity of the November elections – and the mathematical certainty of what’s going to happen then unless the left farts out some sort of Reichstag Fire – I don’t see any States making serious noises about secession. Not over something that can be held up virtually indefinitely through legal challenges, like socialized medicine.
- They never seem to discover that, though, do they?
Oh, they discover it alright. They just continually search for new & improved ways to blame the results on someone else. Witness the last three years of blaming GWB for the credit crisis, skyrocketing unemployment, exploding federal deficits and foreign policy quagmires that are ALL results of Democrat policy as pursued by Congress. The Democrats exploded the federal deficit by a FACTOR OF TEN TIMES in only three years. Who’s gotten the blame? Bush, tax cuts that “didn’t pay for themselves” by producing the highest federal revenue in U.S. history, and “evil” Republicans who shrank the deficit every year from 2004 through 2007. The “last 8 years” has gone from a fantasy meme to conventional wisdom.
- Which is why they NEVER learn…far easier to blame a Bogeyman than remove one’s coconut from one’s rectum,(politically speaking).
That does seem to be the name of the game when it comes to career politicians. The Republic is in dire straights precisely because that corrupt behavior knows no political affiliation – other than Totalitarian.
Here is the roll call of votes for the Patient Protection and Affordable Care racket:
http://clerk.house.gov/evs/2010/roll165.xml
Here’s a point that needs to be understood by all who oppose the progressive’s agenda and their attack on liberty. Conservative candidates need money to campaign against the statists and rein down blows upon their empire.
You’re correct, Samizdat. Venting at PJM with other conservatives is fun, but doesn’t help anyone get elected. I’ve given to the Brown campaign, sent a check to Dan Benishek in MI (Judas Stupak’s GOP opponent) and plan to give to other candidates as my finances permit.
I know people are having a tough time in Obama’s economy. But remember, on the other side, leftists with deep pockets, like Soros, are working to destroy this country. Scott Brown’s “money bomb” consisted mainly of $10 and $20 donations from many, many ordinary people. Set aside a few bucks and help support candidates who will fight for America!
A question for whoever
As I understand it, the law just passed requires a different ratio of retained cash to cash available for paying claims, and therefore insurance are as of now technically insolvant. With insurance audits at the end of the year or the first of the year, will the solvency of those companies be an issue then, or is it automatically an issue as of passage of this bill meaning that we may at any moment there could be a takover of the “insolvent” companies in order to spare us the misery of a collapsing insurance industry?
Thanks, and Regards all
duh
“insurance are” should be “insurers are”
Just like the fight against Drugs, Terrorism, and other evils designed to steal our freedom; the fight will not be over unless good people give up. However, having the truth and goodness on our side, all we have to do is continue to apply the pressure of doing what is right and the other side will feed on itself and decay before our eyes. The infighting and clamoring for position started before the elections that put Obama in the Presidency, and the casualties continue to mount.
I agree with everyone who said that we need to put our money where our mouth is on this matter. It’s important that we all donate money to conservative candidates to help them win around the country.
At RedState.com, Erick Erickson has put together a list of conservative Senate candidates that he recommends. Here’s the link to the list:
http://www.redstate.com/erick/2010/03/23/mcconnell-conservative-dissatisfaction-is-irrelevant/
There are a lot of primaries coming up around the country. We need to make sure that the Republican winner in the primary is a conservative. Otherwise, we’ll continue to have RINOs in office which is as bad as a Democrat/Socialist.
It doesn’t matter how small the donation is, just give. If all of us do this, we can make a huge difference.
Meanwhile, there is a battle for the language. People keep saying that Obamacare “will save money.” Not even the CBO said that. The CBO said it will reduce the deficit, if the bill’s assumptions are accurate. However, reducing the deficit in this case is not saving money, it’s increasing spending, but increasing taxes more than spending.
PLEASE! Its OSAMA, NOT OBAMA.
One battle you didn’t discuss was posting the addresses of Democratic congress people on line and then sending in Tea Party “thugs” [as opposed to SEIU "thugs", lol] to cut the gas lines. I can guarantee that story won’t appear anywhere near the fragile eyes of the regular readers here.
Thank you very much for another excellent article, Dr. Hsieh. I enjoy reading your articles, and I usually learn something new. Most of all, I really appreciate all the work you’re doing to fight for individual rights in the realm of health care. Thanks so much.
moho’s gotten her OFA marching orders I see.
Remember moho – your code name is “Libra“.
Do you people work?
Seriously, what can you do except vent and type complete non-sense that will accomplish nothing. What will the health care bill do to you personally? Like seriously what is it going to do to you?
It’s not going to affect me at all, but it could possibly help someone–somewhere… Even if it can’t help anyone, so what? What’s the big deal? You just live here; you have no control.
America is a Democracy, which means it allows you to voice a opinion or vote on something, in which the outcome is in essence not your control..
You are allowed an opinion to say whatever you like and your head won’t get chopped off..
A health care bill has passed into a law and what will happen to you? What will happen to your family? What will happen to the world around you, that isn’t already suppose to happen??
You have people destroying government property over a bill for healthcare? but nobody is jumping on a plane to help in Iraq or nobody is flying food in to cities that are poverty stricken where children and families are starving. You people are arguing over a stack of 3000 pages that you probably can’t digest and understand completely what it’s saying..
You are basing your beliefs and facts on what the media and society is providing to you and you make your own assumptions along the way, which in turn make your beliefs and attitudes ignorant, because the merit they are based own it that not of your own.
Your ideas are centralized as Dem vs Repub… Left vs. Right… White vs Black… Rich vs Poor.. American vs.?? and it’s complete ignorace…
What about God?
It’s not going to affect me at all,
Then you’re either not American, or you don’t pay taxes. Or use American healthcare.
nobody is jumping on a plane to help in Iraq or nobody is flying food in to cities that are poverty stricken where children and families are starving.
Er, I spoke to an Army veteran of Iraq a couple of weeks ago. He helped build a school there. What did you do, WOW? Physicians from the hospital I work at flew to Haiti to help care for survivors and millions of us donated money to help earthquake victims.
So get off your high horse, Wow. You’re as ignorant and stupid as you are sanctimonious. You have no idea of what the posters here do or don’t do to help others. One thing we’re not fond of: using the government to rob Peter to pay Paul and calling it “charity.”
I agree with everyone who said that we need to put our money where our mouth is on this matter. It’s important that we all donate money to conservative candidates to help them win around the country.
goy
Sorry, but someone who is a coward, fraud, and a liar cannot be taken seriously. In the article linked below:
http://pajamasmedia.com/blog/high-drama-amid-obamacare-threats/#comments-72
you were caught lying several times. The worst time was in post #72 where you suggested that you are a veteran. I’ve asked you repeatedly to name when and with what unit you served. You’ve repeatedly refused to answer those questions. A real veteran would be able to do so. It’s pathetic that you could be so cowardly as to pretend to be a veteran. Your comments cannot be taken seriously.
Donna V..
Thats great, and you made my point.. There are some homeless people here in America… There are homeless veterans from wars of the past with missing limbs..
So who is on a high horse? You people don’t understand who is in control of the world.. I am not of the world, I am here for only a short time.. Though the world is controled by a group.. and I shall not give this group name.. but yes this is so.. and this group has a design for a new world order…
Now let me educate you.. Health Care.. on the outside it’s a good thing and a bad thing..
Though the reason you people hate the health care bill is not for it’s original design or what it’s actually meant for you people hate it because Obama signed it, or it was democratic made, or for monetary reasons.. Before I continue let me add.. Money has no real value as that too will go away..
Now the real reason for the health care is for many things to come.. It’s so you and all others can be ‘chipped’.. meaning that this is the next phase of the new world order.. The chip has to be medically inserted, how else to get this mandated withouth mandatory healthcare???
Now is this a reason to argue or fight, not at all.. because all these things must come to past.. and as I said before I am not of this world and for you to continue to argue for something you cannot change is futile..
You must only prepare yourself and get in touch with your faith..
So if you call me and you say, I am on a high horse.. It is only because “HE” put me there…
If you will sit back and not continue to be brain washed, because that’s whats happening to you all.. and it’s simply to confuse you and keep you from focusing on reality…
Tell me what have any of you changed in the government?? NOTHING!
What is the best way to brain wash someone; the application of coercive techniques to change the values and beliefs, perceptions and judgments, and subsequent mindsets and behaviors of one …
The manipulation of the prefrontal cortex activates brainwashing, rendering a person more susceptible to black-and-white thinking.. That’s kind of ironic huh, “BLACK and WHITE” thinking..? Further common social rules can be used to prey upon the unwary…
Just watch television or let your kids play a particular video game.. It’s all conditioning your mind for a unified agenda.. and it looks like it’s working..
A black president.. of course will cause confusion and any bill he passes will get major focus of any kind from the public, which in turn will blind you from facts…
You are being brain washed and have been being washed for years and soon the cycle will be complete and chips inserted money gone and government as one…
Pray and except Jesus…
I saw Dan Benishek reading his speech at the Tea Party. I want a candidate that has it in their heart and soul as to the changes Michigan needs not read it but truly can speak for the familys here. We are Yoopers and Trolls that need a Candidate that will not back down! DON HOOPER is what we need!
Visit donhooper4congress.com and compare for your self (the American Way) which candidate is BEST siuted for Congress.
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