This little thing called the Constitution may stop Obamacare in its tracks
By Gregory M. Williams
The House has now joined the Senate to pass H.R. 3590, unconstitutional legislation to forcibly impose socialized health care upon the American people against their wishes. The bill now awaits President Obama’s signature to become law.
So now that the Pelosi led Congress has passed H.R. 3590 by hook or crook and behind closed doors and against the will of the American people by the narrowest of margins, it now awaits for President Obama to sign it into law. Fortunately for the American people, the battle for socialized health care is not over.
As of now, 38 States have signaled their intent to challenge the constitutionality of this soon to be law. Under Article III of the Constitution, when a State(s) sues the Federal Government, it goes straight to the Supreme Court for resolution – ironically by the very Justices who were publically scolded by President Obama in his State of the Union Address earlier this year.
Remember this year’s State of the Union Address when President Obama stood in the well of the House of Representatives and lectured the members of the Supreme Court on their recent decision on Citizens’ United v. Federal Elections Commission which extended First Amendment free speech rights to corporations? In that speech, President Obama intentionally misrepresented the court’s majority decision which had the appearance of a presidential “smack-down” to the members of the court who were in attendance that evening. After the president admonished the members for their decision, the House and Senate Democrats rose to their feet in unison and applauded in what appeared to be an intentional act at political intimidation by the Legislative Branch toward the Judicial Branch of our government.
Remember, what goes around comes around.
According to many constitutional scholars who have reviewed this soon to be law, it has major constitutional issues which need to be resolved because it potentially violates Article 1: Section 5 (dealing with procedures and Rules of the House and Senate as well as the behavior of individual members) and Section 8 of the Constitution which deals with the 17 enumerated powers of Congress; none of which deals with the establishment of a national health care system. Moreover, there are several provisions in this bill which may violate the fourth, the fifth, the sixth, the seventh and the eighth amendments to the Constitution. And, if that is not enough, the state and/or the people have the exclusive rights under the language of the ninth and tenth amendments of the Constitution to create a health care system and not the federal government. But, as we have seen during this debate, the Constitution and its restrictions on limited government do not seem to matter to President Obama and the Democrats.
Then there is the “law of unintended consequences” which states that the actions of people, and especially of government, always have effects that are unanticipated or unintended, that could come into play in this debate.
Should the Supreme Court reassert the original intent of the tenth amendment and rule that H.R. 3590 is unconstitutional, the unintended consequence of such a ruling by the Court could reverse the opinion of their 1941 ruling in United States v. Darby, 312 U.S. 100, 124 which said in essence the tenth amendment is but a mere “truism” – an opinion which all but ruled that amendment “null and void” and allowed the progressives to build the modern day welfare state we have today.
While the Democrats applauded and rose to their feet as they passed “historic legislation” to reform America’s health care system, the “unintended consequence” of this action could very well lead to the unraveling of the modern day welfare state which the progressives have worked so hard to build over the last 80 to 100 years. Socialized medicine has always been the goal of the political left and their vehicle for which to “fundamentally transform America.” In the end, wouldn’t it be ironic that the very same vehicle they thought would be the crowning jewel in “transforming America” from a Constitutional Republic to a European-style Socialist Democracy turned out to be the very vehicle which destroys the modern welfare state and restores our system of limited government?
Now that Congress has passed this legislation over the will of the American people, there are many who believe that President Obama and the Democrats are headed for not only devastating mid-term election defeats this November but a Constitutional “smack-down” as well by the very members of the Court they saw fit to embarrass earlier this year. And this time it will be WE THE PEOPLE who will be applauding.
Gregory Williams recently served as a Senior Policy Advisor under President George W. Bush at the U.S. Department of Energy where he also served as the Director of Intergovernmental Affairs and had extensive experience working with the nation’s Governors and State Legislators on energy issues. He has also worked on Capital Hill in both the House of Representatives and the U.S. Senate. He graduated from the University of Florida in 1986 where he majored in Public Relations and Communications. E-mail him at GMWilliams@myway.com.