Category Archives: health care

If We Only Had a Constitution

United_States_ConstitutionWe are learning today what it is like to live in a Democracy without a Constitution; and it is not pretty. No Democracy has ever lasted more than two hundred years before falling into chaos to be replaced by a tyrannical oligarchy headed by a “strong man” dictator. We have lasted a little longer only because of the lingering influence of the Constitution we once had. In a non-constitutional Democracy, or in our case, a post-constitutional Democracy, politicians have to give the majority of the people whatever they perceive it wants in order to hold onto power. This arrangement only lasts until the government has grown powerful enough that it no longer needs the approval of the people to stay in power. At that point, messy elections can be dispensed with, and the newly minted “leader” can rule by fiat until the next successful revolution.

Imagine how different things would be today if we had not abandoned our Constitution. We would not be sixteen trillion dollars in debt because the government would only be allowed to spend money for things the Constitution delegated as its responsibility. We would not be spending four million dollars to send our President on a Hawaiian holiday, because all expenditures would have to be first appropriated by the House of Representatives, and approved by the Senate for that particular purpose, with an accounting made to Congress and the people. The President would not be allowed to issue “Executive Orders” with the force of law, affecting the every day lives of the American people.

Federal laws would only be made by the federal legislature. Courts would not be making laws telling us how and when we can pray, or how we should educate our children.  Bureaucracies would not be issuing “rules” to tell us what kind of light bulb we should use, what kind of transportation we should buy, or what we should eat or drink and how much. Bureaucratic activity would be only what is needed to administer the specific laws written by Congress. Those bureaucracies and departments not established under the delegated powers of Congress would not exist. Our doctors would not have to consult with government to know how to treat our illnesses. Business failure or success would not be dependent on favorable laws by government; the market would determine what goods and services were needed and how much we were willing to pay for them.

We would have more control over the laws governing how we live because they would be made by our state and local legislative bodies whose members are within easy reach and more sensitive to our wishes. Laws passed would be more in keeping with the values of the community, not the values of politicians who had never set foot in our state, much less our community. We would not be working forty percent of our lives to supply the government with money used to buy the votes of its government-created dependents. Our tax burden would only be what is needed to carry out the delegated powers of government. Our schools would not be used to indoctrinate our children in statism and immorality, because they would be under our control and community supervision. Our teachers would consider their jobs a “calling” not a career and would teach for the love of teaching and not for fringe benefits.

Ah, for the good-old-days when America was ruled by law and not the whims of men; and those laws could be written in a few paragraphs easily understandable by the average person with a workable knowledge of the language and a good dictionary; when all laws flowed from the Supreme Law of the Land and not from the desire of “do-gooders” who believe that we all should live in a two-tier society made up of the ruling elites and the worker drones who subsist on the largess of government. Is it possible that liberty, once lost, can ever be regained? Let us pray that it can.

The Progressive Mind: Tactics

Why Are Progressives So Successful? Why Do Governments Collapse?
By David F. Delorey, Jr.
Political patronage is defined as the use of state resources to reward individuals for their electoral support. Progressives (American Socialists) use this approach, culling people by race, sex, religion, income, class and/or political affiliation, and then appealing to each group’s specific wants and desires, with the overall goal to cobble together a majority vote to get their Progressive politicians elected. In process, they promote and inculcate the need to band together with other Progressives and rebel against the “enemy” — the dastardly politicians, the rich, and the greedy corporations, who by no mere coincidence collectively represent a minority of the voting pool.

In practice, Progressives put forth the need for hasty “emergency” measures to combat the “enemy”, and justify these “temporary” needs for setting aside the requirements of the Republic’s Constitution and laws, presumably for the “greater good”. Fiscal restraint is a foreign concept to Progressives — there is rarely a mention of how the cost of their agenda bears upon government’s capacity to fund it. Often times their process oriented “emergency” measures have lofty goals and promises for results, delayed long into the future. Most of these measures lack clear implementation details, especially the negative elements, before such is enacted. This gives the Progressive the initial opportunity to claim a measure of success with “change”, then blame any failures on the “enemy”, which gives rise to the need for even more “emergency” measures to sustain combat with the “enemy”.

Claims by the “enemy” are often met with personal attacks against them when the “enemy” puts forth logical, sound and compelling evidence against the Progressive measures. Progressives prefer to focus on selecting “victims” to justify the expansion of the welfare state, rather than resolve issues using the traditional nature of people to provide charity. They achieve the goal of producing an expanded government by promoting the confiscation of wealth from one group to benefit another group in order to curry political favor. They rely heavily on redistribution of wealth as the key to success. However, the recipients of wealth redistribution often go not to the “victims”, but to the expansion of Progressive machinery creating more and more government control over the people. The economy worsens. No matter, the Progressive presses on -– such is the fault of the “enemy”, world events or political opponents — not them.

Progressives have powerful tools in their toolbox — they foster hatred, envy, blame, grievance and demands for entitlements to “victims.” Lost by them, is the American spirit embodied in the Declaration of Independence and a Constitution that encourages initiative, personal responsibility and the right to be free from an unlimited federal government. TEA Party patriots are the newest group of conservative “extremists” as defined by Progressives. This is entirely logical because Progressives oppose our Republic’s fundamental founding principles and ignore the Constitutional requirements which are inconsistent with the Progressive agenda. Their philosophy is a paradox of values -– it represents a body of political elements that collectively contradicts itself. One need look no further than our history books to learn that the Progressive march toward a utopian socialist state, facilitated by an expanded federal government, finds little respect for such as those, more or less fortunate, who lie outside of their political critical mass of potential voters, or for human life for such as the unborn.

The plain fact is that government is the actual “enemy” of the engine of growth and prosperity because it does not create wealth — it consumes it. Applying the Progressive’s goal to expand government results in incrementally punishing achievement and rewarding failure. Interference into business by a government that would confiscate business profits, enslaves producers of goods and services. Liberty and freedom become casualties. Plainly, jobs are reduced when government makes it more difficult for employers to earn success in a diminished level of free market opportunities. Big government has a compelling and sustained historical record of inefficiency in using resources and producing politically driven regulations.

These factors stand to undercut the tenets that the country was founded upon: fiscal responsibility, constitutionally limited government and free markets. And so it is that the more an economy is centrally planned by government, the further we move away from our founding principles which have kept us safe, free and economically stable. And there we have it -– the Progressive movement in America today is a quest to affect broader governmental powers over the individual; it is based on an insidious and
deceptive process which constantly seeks out “victims”, then divides the “victims” into discrete groups of voters, with focused promises to each group of their “fair share” level of largesse from the public treasury, or from such wealth confiscated from the “enemy”, in exchange for their vote for Progressive politicians.

The cycle continues with Progressives promising more largesse and blaming all promised failures on the dastardly “enemy” which accordingly justifies the need to vote for more Progressives. The cycle ends in bankruptcy – that is, when the treasury of the government can no longer support the levels of largesse demanded by the Progressives and their “victims.”

Conclusion: A politician who is committed to telling the truth in an election campaign will usually be defeated by a clever and resourceful purveyor of deception. That is why Progressives are so successful and that is why governments collapse.

– Copyright © September 25, 2012 – David F. Delorey, Jr.

2012 Election Is Only the First Step

As a Constitution Conservative, I take a back seat to no one when it comes to defending the Constitution. In fact, I go much further than most conservatives do. I believe the Philadelphia Convention, and the thirteen state ratifying conventions were all done under the superintending providence of God. Therefore, I also believe that our founding documents contain God’s plan for the governing of America. Even a casual survey of American history clearly shows that whenever we deviate from that plan we pay a dear price in political turmoil and economic hardships.

It is imperative for the survival of the Republic that Mitt Romney be elected in November. Obama has to be turned out of office before he completes his mission to “fundamentally transform America” — if it is not too late already. Romney is the only alternative available at this time. However, we must not be misled into believing that electing Romney is going to turn things around overnight. Throughout his political life, Romney has been a follower, not a leader. That is not going to change automatically when he gets in the White House.

Furthermore, Romney has not exhibited a firm grasp of the Constitution during his campaign for the Presidency. For example, he has promised to “repeal and replace” Obamacare. Millions of voters will cast their ballot for him based on that promise. However, when he makes it, he is being disingenuous. The President does not repeal legislation, only Congress can do that. Even Romney knows that much about the working of our government, therefore, he is being disingenuous with the American people when he makes the promise. What he should say is, “on my first day in office I will urge Congress to repeal Obamacare as its first order of business.”  That he can do.

He also says frequently, “On my first day in office I will, by executive order, issue waivers to the states exempting them from having to enforce the provisions of Obamacare.” (Paraphrased) Here he is violating at least two clear provisions of the Constitution. Executive Orders, in the sense he is using the term, carries the weight of law. The very first sentence in the body of the Constitution, First Article, First Clause, clearly states, “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” Executive Orders, other than administrative orders directed to employees of the Executive Branch directly in the President’s chain-of-command, are unconstitutional.

When he indicates that he will not enforce Obamacare as President, he is in effect, saying that he and he alone will decide what the law is. Unfortunately, the same conservatives who condemn Chief Justice Roberts and the Obama Justice Department for making one-man decisions concerning which laws to enforce or what the law is in the first place, are the same conservatives that are cheering Romney on in his promises. Far too many critical decisions are made in our government by one person, whether it is the President, a bureaucratic Czar, or the “swing vote” on the Supreme Court. This has to stop, and should never be encouraged by a Constitution Conservative, whether or not we agree with the intended outcome.

One of the most overlooked sentences in the Constitution is found in the last sentence of Article II, Section 3, “He (the President) shall take care that the laws be faithfully executed…”  This is one of the few specific duties of the President spelled out in the Constitution. Whether we like it or not, Obamacare was passed by Congress and signed by the President, therefore, it is the law and the President is responsible for its execution.

However, it is not the law of the land. Article VI, paragraph two says, “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land; and the judges in every State shall be bound thereby,” Notice, it is the Constitution itself that is the Supreme Law of the Land, not the opinions of the Supreme Court or the acts of Congress when they conflict with the Constitution. One of the first landmark cases of the Supreme Court was Marbury vs. Madison in 1803. Chief Justice John Marshall, writing for the Court, said in his opinion, “a law repugnant to the Constitution is null and void.” Obamacare is not only repugnant to all thinking Americans, it is also repugnant to the Constitution; therefore, it is really no law at all. Nevertheless, until it is repealed by Congress, it is the duty of the President to enforce it. What then, can we do?

To answer that question we have to look to the hierarchy of sovereignty laid out in our Founding documents. In the Preamble to the Constitution which defines the purpose of our federal government, we read, “We the People…do ordain and establish this Constitution for the United States of America.”  The Tenth Amendment in the Bill of Rights says, “The Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

In America, the supreme power resides with the people by natural law, as enshrined in the Declaration of Independence. In order to maintain a civil society, the people delegate certain powers to representatives elected by them to serve in the state legislatures that, in turn, are restricted by State Constitutions. In 1774, the people of the original thirteen states formed state governments made up of their elected representatives. Those state legislatures delegated certain powers to the First Continental Congress to form a confederation, primarily for the purpose of conducting the Revolutionary War. In 1786, Congress authorized a convention in Philadelphia for the purpose of strengthening the Articles of Confederation to make them more effective in dealing with issues common to all the states that could not be adequately handled by the states individually. In that Convention, the Constitution was written creating a federal government with limited powers for carrying out a finite number of enumerated responsibilities dealing mostly with national defense and commerce.

In the hierarchy of powers, the federal government as a creation of the Constitution has the least amount of legitimate power, carefully limited to those matters delegated to it by Article I, Section 8 of the Constitution. In all matters not delegated to the federal government by the Constitution, State Law is supreme over federal law. This power structure is not contradicted by the “Supremacy Clause” quoted above in Article VI. Since legislating health care is not one of the enumerated powers given to the federal government by the Constitution, the state legislatures can forbid the enforcement of Obamacare within its jurisdiction. Until it is repealed by Congress– hopefully in January 2013–, it is up to the state governments to prevent its implementation on a state-by-state basis.

While it is the responsibility of every Patriot to vote for Mitt Romney for President in the upcoming election, do not be misled into expecting President Romney to reverse the downward slide of American society without constant prodding from our side. Those patriots who expect to return to their slumber after the November election had better stock up on NoDoze. The real work begins in January of 2013 and we can expect it to continue for at least the next generation if we are to return America to the Constitutional Republic designed by our Founders. While we are attempting to regain control of our federal government, we also have to give serious attention to reforming our state governments. More on that later.

Happy IN-Dependence Day

Courtesy of NetRight Daily

Mitt Romney’s Super Awesome Awe-Inspiring Post Health Care Ruling Speech

I will not challenge Mitt Romney’s business acumen. He has a proven track record of success. However, success in business does not necessarily translate into success in the political arena and Romney’s inability to capture the highly charged emotions rampant across the nation last week was absolutely stunning. I don’t think any of us were expecting the fiery colloquy of Ronald Reagan but Reagan’s number one asset when speaking was the conviction of his words. He believed in what he said because he wasn’t trying to play all sides. That may be good for business, not so much for restoring our government to its’ founding principles.

If you missed it last week and can stay awake through it, I’ve attached a link to Mitt Romney’s super awesome awe-inspiring post health care ruling speech and posted the transcript as well. If you want to understand why every Constitutional conservative and libertarian are in a foul mood between now and November 6, it’s worth know what we hear and do not hear when Mitt Romney speaks.

 “Repeal and replace.”   Repeal sounds great until you realize the President, on his own, has no authority to repeal a law he does not agree with, (Current President aside). He needs a majority in the house and a filibuster proof (60 vote) majority in the Senate to repeal the health care act. It will take all of 2013 and probably a good part of 2014 to pick apart this health care bill piece by piece and he knows it. Hence the lack of conviction. Replace? Replace with what? Classic progressive RINO tactic. “We’re going to get rid of that horrible bill – except for the stuff that makes us look good.” There’s very little conviction in taking a stand against a bill while simultaneously defending parts of it.

“You can choose whether you want to have a larger and larger government, more and more intrusive in your life…”   Or you can choose to have just a larger government, that’s just more intrusive in your life. Slow it down a little. The current President is moving too fast.

What we did not hear in the speech outside of, “I agree with the dissent”, was an absolute admonition of the Supreme Court’s decision. The failure of the court to decide based on the Constitution. How a President Romney would choose a Supreme Court Justice.

Back in April, when Mitt Romney was feeling threatened by Rick Santorum’s improbable run for the nomination, he actually gave a couple of truly inspiring speeches. They were clear, concise and took a hard line on everything from religious freedom to the effect the current administration is having on small businesses and the economy. And then he became the “presumptive nominee”. It’s almost like an Etch-a-Sketch. You can kinda shake it up and start all over again. Right Mitt?

http://youtu.be/sp6d3JBLiAE

 “As you might imagine, I disagree with the Supreme Court’s decision and I agree with the dissent.

What the court did not do on its last day in session, I will do on my first day if elected president of the United States. And that is I will act to repeal Obamacare.

Let’s make clear that we understand what the court did and did not do.

What the court did today was say that Obamacare does not violate the Constitution. What they did not do was say that Obamacare is good law or that it’s good policy.

Obamacare was bad policy yesterday. It’s bad policy today. Obamacare was bad law yesterday. It’s bad law today.

Let me tell you why I say that.

Obamacare raises taxes on the American people by approximately $500 billion. Obamacare cuts Medicare – cuts Medicare by approximately $500 billion. And even with those cuts and tax increases, Obamacare adds trillions to our deficits and to our national debt, and pushes those obligations on to coming generations.

Obamacare also means that for up to 20 million Americans, they will lose the insurance they currently have, the insurance that they like and they want to keep.

Obamacare is a job-killer. Businesses across the country have been asked what the impact is of Obamacare. Three-quarters of those surveyed by the Chamber of Commerce said Obamacare makes it less likely for them to hire people.

And perhaps most troubling of all, Obamacare puts the federal government between you and your doctor.

For all those reasons, it’s important for us to repeal and replace Obamacare.

What are some of the things that we’ll keep in place and must be in place in a reform, a real reform of our health care system?

One, we have to make sure that people who want to keep their current insurance will be able to do so. Having 20 million people – up to that number of people lose the insurance they want is simply unacceptable.

Number two, got to make sure that those people who have pre-existing conditions know that they will be able to be insured and they will not lose their insurance.

We also have to assure that we do our very best to help each state in their effort to assure that every American has access to affordable health care.

And something that Obamacare does not do that must be done in real reform is helping lower the cost of health care and health insurance. It’s becoming prohibitively expensive.

And so this is now a time for the American people to make a choice. You can choose whether you want to have a larger and larger government, more and more intrusive in your life, separating you and your doctor, whether you’re comfortable with more deficits, higher debt that we pass on to the coming generations, whether you’re willing to have the government put in place a plan that potentially causes you to lose the insurance that you like, or whether instead you want to return to a time when the American people will have their own choice in health care, where consumers will be able to make their choices as to what kind of health insurance they want.

This is a time of choice for the American people. Our mission is clear: If we want to get rid of Obamacare, we’re going to have to replace President Obama. My mission is to make sure we do exactly that: that we return to the American people the privilege they’ve always had to live their lives in the way they feel most appropriate, where we don’t pass on to coming generations massive deficits and debt, where we don’t have a setting where jobs are lost.

If we want good jobs and a bright economic future for ourselves and for our kids, we must replace Obamacare.

That is my mission, that is our work, and I’m asking the people of America to join me. If you don’t want the course that President Obama has put us on, if you want, instead, a course that the founders envisioned, then join me in this effort. Help us. Help us defeat Obamacare. Help us defeat the liberal agenda that makes government too big, too intrusive, and that’s killing jobs across this great country.

Thank you so much.”

Soldier On Patriots…..

If you consider yourself a Patriot and you’re not feeling anything now, you might want to check your pulse. The last time I felt like I did yesterday, I was in Bentonville, AK September 11, 2001. It was a sick to my stomach feeling that went well beyond what I was seeing on television that day – I knew something had “fundamentally” changed in the country in which I lived. And change it did. It brought about the Patriot Act, Homeland Security Act of 2002 (DHS) and the Transportation Security Agency just to name a few. To this day I have a hard time convincing some “conservatives” of the negative implications this has had and will continue to have on our individual freedoms. Maybe they don’t fly?

They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. – Benjamin Franklin 1775

We have an Executive in the White House that sidesteps Congress through the use of “executive orders” and over and over again he refuses to enforce the laws that Congress does pass. That’s his job. For those of you that do not carry around a pocket constitution, Article II, Section 3, last sentence “He (the President) shall take care that the Laws be faithfully executed.” It is what we hired him to do. So we’ve got a Legislative branch that has ceded their power and refuses “on the whole” to do anything of value, a President who rules by decree and that last bastion of separation of powers, the Judicial Branch, rewriting the government’s defense in order to push through a law that the majority of Americans do not want. And it’s still unconstitutional! The Sixteenth amendment authorized an income tax. All other authorizations for taxation are spelled out in Article II, Section 8 of the Constitution.

I won’t pretend I didn’t spend more than a couple of hours yesterday wondering what the point to all of this is anymore. All three branches of government are anything but what our founding fathers envisioned as the blueprint for this country. We’re surrounded on all sides by socialist progressives and communists and the rot and decay of progressivism has found its way right to the Constitution of the United States – The very document that the President swore an Oath to protect. And while voting out the President and repealing “Obamacare” are certainly positive steps in the right direction, voting in Mitt Romney and replacing “Obamacare” are not necessarily the answers to our Nation’s problems. I spent much of the day just thinking we’re doomed quite frankly.

And then I remembered a book I read a few years ago by David McCullough, “1776”. I don’t remember the specifics but I remember shaking my head several times through the book thinking, there’s no way we should have become a Nation. We would have a couple of hundred soldiers with rags tied around their feet for shoes surrounded by thousands of the greatest military in the world. The only thing one could hope to expect when they woke up in the morning was a complete and total defeat, death, and yet a storm would come along and save the day or the soldiers would steal away in the middle of the night. Every time it would look like all hope was lost, they would just keep going, seemingly oblivious to the fact that they stood no chance. And that, more than anything our nascent government was doing at the time in Philadelphia, is the reason we’re proud to call ourselves Americans to this day.

And so it’s time to soldier on Patriots. This is not the time to throw our hands in the air and give up. Our emotions cannot get the best of us in either victory or defeat. We’re just getting started. This may be a battle to November but it’s a war for the unforeseeable future. We can’t stop until we’ve forced our government, be they Republican or Democrat, to bring us back to our founding principles. I hope by now you’re fired up and ready for action. Yesterday’s gone and tomorrow’s still ahead of us. Let’s show this Administration whose moving forward.

Impeachment May Be Our Only Hope!

After three days of testimony before the Supreme Court on Obama’s health care law, the so-called “Affordable Health Care Act”, some things are becoming evident, although no one can predict how the Court will rule. In a “best case scenario”, it will rule the entire law unconstitutional, killing it completely. In a “worst case scenario”, they could rule the law constitutional as it stands, which would be catastrophic for the country. While either is possible, neither is probable. More than likely, the final ruling will fall somewhere in-between.

There seems to be a widespread belief that the individual mandate will be struck down by the court, although that is in no way certain. Even if it is, there is a strong possibility that parts of the law will be left intact. Based on the history of Supreme Court decisions, it is likely that if the Affordable Care Act is struck down, all or in part, the majority opinion of the Court will contain language that can be used by the left to further expand the meaning of the commerce clause of the Constitution.

At this point in the deliberations, it seems obvious that the final outcome and thus, the future of the Republic will hinge on the decision of a single Supreme Court Justice. It is certain that the four progressive/socialist Justices will come down on the side of government, while the four constitutionalists will elect to strike down, at least several parts of the law. The deciding vote on most of the major issues will certainly be Justice Anthony Kennedy. That means that the future of the Republic for generations to come depends on the decision made by one man. This cannot be allowed to stand. A free Republic must be governed by the rule of law. We cannot afford to continue to allow one individual to decide what that law shall be.

In order to maintain the independence of the Judiciary, federal judges, including Supreme Court Justices, are appointed for life, or “during good behavior”. This lifetime tenure was granted to the judiciary with the understanding that they could be turned out of office by impeachment, should they prove to be unworthy of the position. In the history of America, thirteen federal judges have been impeached. However, only one Supreme Court Justice. That was Associate Justice Samuel Chase in 1804. He was impeached by the House of Representatives, charged with allowing his partisanship to influence his Court decisions. He was acquitted in the Senate by one vote, however.

Congress, after the elections of 1800, was dominated by the Democratic-Republican Party. However, because of the slow turnover of the Senate due to the three-election-cycle term of Senators, the Federalist Party was still strong enough in the Senate four years later to prevent Chase’s conviction. Since that time, no Supreme Court Justice has ever been impeached by the House. Short of impeachment, there is no way Supreme Court Justices can be held accountable for violating their oath of office. This fact became a major subject of debate during the Constitution’s ratification process.

The anti-federalists feared that the Supreme Court would become too powerful, usurping the powers granted to the Legislature by the Constitution. Justices would hold their office for life and there were no provisions in the Constitution for correcting their errors. The Framers believed the threat of impeachment would by sufficient to prevent the Court from overstepping its authority. One of the Anti-federalists, writing under the pseudonym “Brutus”, succinctly stated the objection in an article dated March 20, 1788.

 “1st. There is no power above them that can correct their errors or control their decisions — the adjudications of this court are final and irreversible, for there is no court above them to which appeals can lie, either in error or on the merits. — In this respect it differs from the courts in England, for there the house of lords is the highest court, to whom appeals, in error, are carried from the highest of the courts of law.
2d. They cannot be removed from office or suffer a diminution of their salaries, for any error in judgment or want of capacity.”

Alexander Hamilton attempted to answer the objections of the Anti-federalists in Federalist numbers 78 – 81. In Federalist 81, Hamilton summed up the objections of the Anti-federalists.

“The arguments, or rather suggestions, upon which this charge is founded, are to this effect: ‘The authority of the proposed Supreme Court of the United States, which is to be a separate and independent body, will be superior to that of the legislature. The power of construing the laws according to the spirit of the Constitution will enable that court to mould them into whatever shape it may think proper; especially as its decisions will not be in any manner subject to the revision or correction of the legislative body. This is as unprecedented as it is dangerous. In Britain, the judicial power, in the last resort, resides in the House of Lords, which is a branch of the legislature; and this part of the British government has been imitated in the State constitutions in general. The Parliament of Great Britain, and the legislatures of the several States, can at any time rectify, by law, the exceptionable decisions of their respective courts. But the errors and usurpations of the Supreme Court of the United States will be uncontrollable and remediless’.”

Later in the same paper, Hamilton attempts to put this objection to rest by pointing out the power of impeachment given to the two houses of Congress.

“It may in the last place be observed that the supposed danger of judiciary encroachments on the legislative authority, which has been upon many occasions reiterated, is in reality a phantom. Particular misconstructions and contraventions of the will of the legislature may now and then happen; but they can never be so extensive as to amount to an inconvenience, or in any sensible degree to affect the order of the political system. This may be inferred with certainty, from the general nature of the judicial power, from the objects to which it relates, from the manner in which it is exercised, from its comparative weakness, and from its total incapacity to support its usurpations by force. And the inference is greatly fortified by the consideration of the important constitutional check which the power of instituting impeachments in one part of the legislative body, and of determining upon them in the other, would give to that body upon the members of the judicial department. This is alone a complete security. There never can be danger that the judges, by a series of deliberate usurpations on the authority of the legislature, would hazard the united resentment of the body entrusted with it, while this body was possessed of the means of punishing their presumption, by degrading them from their stations. While this ought to remove all apprehensions on the subject, it affords, at the same time, a cogent argument for constituting the Senate a court for the trial of impeachments.” (Emphasis added)

Conviction in impeachment cases requires a two-thirds affirmative vote in the Senate. This makes conviction almost impossible with the highly partisan nature of the professional politicians who populate both houses of Congress, a majority of whom will always side with their party over the welfare of the nation as a whole. We saw this in the planned impeachment of Richard Nixon and in full display during the impeachment of President Bill Clinton. The Act of impeachment will always be a partisan issue so long as the two major political parties are allowed to hold the power over government they have exercised from the beginning of the Republic. This fact of political life prevails in all political parties. The prosecuting party will ignore facts and mitigating circumstances in order to gain a victory over its opponent, and the defending party will do the same in defense of the accused in its party.

The next four to twelve years will be an all-out battle between the forces of despotism and the forces of liberty. There have been only two periods in the past when the nation has been as divided as it is today; during and after the Revolutionary War and the period surrounding the Civil War and its aftermath. We cannot allow the outcome of the coming conflict to depend on the decisions of one Supreme Court Justice.

The Constitution is our only real defense against outright tyranny. By now, this should be apparent to anyone who honestly looks at the facts. Since the tenure of Chief Justice John Marshall in 1803, the Supreme Court has taken it upon itself to decide what the language penned by the Framers actually means. Our current Court is almost evenly divided between the enemies of the Constitution and its defenders. The four progressive/socialist Justices barley mount a pretense of honoring the Constitution they took an oath to defend. As difficult and distasteful as it is, impeachment seems to be the only means of changing the politically corrupted nature of the Supreme Court. We simply cannot wait for time and chance to do it for us, and the immediate future is likely to be the only time for generations when impeachment is possible.

Thanks to the heavy-handed and tyrannical way in which Obama wields the powers of his office, millions of Americans are waking up to the realization that our nation is on the verge of total economic, political and cultural collapse. Every day hundreds if not thousands of citizens are gaining more knowledge of how our system works and why. Humanly speaking, the system established by the Founders, has alone been responsible for the success and prosperity we have enjoyed in the past. Before the nation goes back to sleep, either from the stupor brought about by socialist despotism or the indolent slumber fostered by the blessings of liberty, we must begin to take the steps correct the problems in our court system, from the federal trial courts to the Supreme Court.

More information on the Supreme Court and Impeachment. 

Romney’s Repeal and Replace Pledge Will Not Solve our Problem

They say “a picture is worth a thousand words”. That being the case, this picture is worth volumes in explaining what is wrong with America’s political system and why we find ourselves on the very brink of economic collapse and facing the prospect of losing the individual liberty we have enjoyed since the founding of our Republic.

America did not become the most successful and  prosperous nation in the history of the world because of the wisdom and skills of our political leaders. Instead, it was because our Founders, knowledgeable in both political philosophy and history, understood that democracies always lead inevitably to some form of socialism and ultimately to despotic tyranny. To guard against this political probability and still allow the people to remain sovereign over their government, the Founders established a Constitutional Republic consisting of four co-equal parts designed to protect our liberty and our God-given inalienable rights. The four parts are the national Legislature, the national Executive branch, the national Judiciary, and the state governments, all operating within their sphere of authority with carefully limited powers under the watchful eye of the citizenry.

The bedrock on which this system was based is the Constitution. It worked well until the beginning of the Progressive era at the end of the nineteenth century. The progressive movement used deception, misdirection, and man’s weaknesses to appeal to the basest of human passions, greed, envy and jealousy to gain a prominent foothold in American politics. Progressives in both the Democrat and Republican Parties set the political agenda for the twentieth century. Although most republicans were opposed to the ideas of progressives (American socialists) as a basic principle, in the spirit of political expediency, they accepted many of the progressive’s policies, appealing to their constituencies with the implied motto, “we can do it better”.

On virtually every important issue during the twentieth century, the Republican Party accepted the premises put forth by progressive democrats, even though they may not agree with the policy based on the premise. It became a habitual strategy for the Republican Party to propose policies in opposition to the democrats that accepted the progressive premise but altered the pursuant policy just enough to make it palatable to their constituents. This practice gave rise to the “moderate” republicans so valued by both parties and the national progressive media of today.

The core principles on which the progressive movement is based are the polar opposites of the core principles on which the Declaration of Independence, Constitution and Bill of Rights are based. A hundred years of compromise and accommodation of these principles by the Republican party and its elected officials has led to a steady erosion of the Constitution, leading to the lawless state of our national government, as well as a growing part of American society that we have today. (The Constitution is the Supreme Law of government.)

On Monday, the Supreme Court began hearing arguments on whether or not parts of the Obamacare law is unconstitutional. Already the trial is being played in the press as a sporting event between the four progressives on the court and the four constitutional conservatives, with Justice Stevens, the “moderate”, being the unknown factor. The outcome is far from certain and the results will probably not be known until June, more than likely after the Republican candidate for President has already been decided on.

There is a slim chance that the Court will put aside its law books, consideration of prior Court decisions, and International law and focus their deliberations on the Constitution itself using the debates in the 1787 Philadelphia Convention and the Federalist Papers, to determine the intent of the Framers. In which case, they will rule the Affordable Health Care Act as unconstitutional in its entirety. A more likely scenario, however, is that they will strike down parts of the law, leaving the basic premise intact; that the “commerce clause” gives the Congress, and through it, the bureaucracies in the Legislative Branch, authority to legislate in this, and other matters that are not among the enumerated powers of Congress. If that happens we will have made very little progress in returning America to its Constitutional foundation.

Romney’s “Repeal and Replace” plan simply carries on the Republican tradition of compromise and accommodation, accepting the premise that Congress has the power under the commerce clause to regulate health care in America. Regardless of how many remnants of Obamacare the Supreme Court leaves in place, the entire law must be repealed and eradicated from any possibility of being revived, if we are to salvage what is left of our Republic and the liberties it provides. A concise outline of Romney’s Repeal and Replace plan is found on Romney’s website. Following are the highlights and why they should be unacceptable to the American People.

“On his first day in office, Mitt Romney will issue an executive order that paves the way for the federal government to issue Obamacare waivers to all fifty states. He will then work with Congress to repeal the full legislation as quickly as possible.”  ~mittromney.com

Article I, Section 1, “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” The President does not have the Constitutional power to, in effect, make law or alter laws passed by Congress. Neither does he have the power to waive by Executive Order, laws passed and signed into law under prior Presidents. One of the few direct responsibilities given to the President by the Constitution is the enforcement of laws passed by Congress.

Article II, Section 3, at the end of the last paragraph we read: “he [the President] shall take Care that the Laws be faithfully executed”. The President does not have the prerogative of deciding which laws his Justice Department will or will not enforce. Once a law has passed Congress and been signed into law it becomes a part of the Constitution until it is determined to be unconstitutional by the appropriate courts; (Article VI, paragraph two.) If a new law is passed by Congress that the President considers unconstitutional, it is his duty to veto it and return it to Congress along with an explanation for his veto. (Article I, Section 7)

Romney also promises to:

  • Block grant Medicaid and other payments to states
  • Limit federal standards and requirements on both private insurance and Medicaid coverage
  • Ensure flexibility to help the uninsured, including public-private partnerships, exchanges, and subsidies
  • Ensure flexibility to help the chronically ill, including high-risk pools, reinsurance, and risk adjustment
  • Offer innovation grants to explore non-litigation alternatives to dispute resolution ~mittromney.com

Here again, Romney is playing fast and loose with the Constitution. Block grants should be considered as what they are; bribes to the states in an effort to bend them to the will of the federal government. Withholding them from states that refuse or neglect to comply with federal requirements is primarily a pecuniary method for enforcing compliance with the bureaucratic rules of the Executive branch. At best, they represent an application of the socialist principle of redistribution of wealth, as tax money is taken from wealthier states and redistributed to those less wealthy.

His promise to “limit federal standards and requirements on …private insurance” is clearly a violation of Article I, Section 10: “No State shall … pass any … Law impairing the Obligation of Contracts…”. Contract law provides the underpinning of market capitalism. The founders assumed the federal government would not have the power to impair contract law because it was not given as one of the enumerated powers. At the same time, they considered the matter of protecting the integrity of private contracts so important that they also prohibited the states from passing laws that would impair them. Insurance policies are private contracts between the insurer and the policy holder. Neither the President, Congress or the state legislatures have the power to interfere with that relationship. These same arguments apply to the last three promises in Romney’s list as well.

In fact, the same argument is valid against all fifteen points of Romney’s plan listed on his website. They all impair, to a greater or lesser degree, private contracts between private insurance companies and policyholders or between health care providers and their patients. However there is one ironic exception: “Allow consumers to purchase insurance across state lines”. Here, Romney inadvertently discloses the original purpose of the interstate commerce clause, which he evidently does not adequately understand himself. Its original purpose was to insure free and fair trade between the states, breaking down the protective barriers put in place by various states during the former government’s existence under the  Articles of Confederation.

It is important for voters in states that have not yet held their primaries to keep this in mind when they vote. Substituting a revised version of Romneycare for Obamacare does not solve the problem of Washington’s failure to follow the dictates of the Constitution every member of government is sworn to uphold and defend.

Romney Continues to Win in Blue States and Democratic Strongholds.

Mitt Romney continues to display his ability to win in Democratic States while Conservatives in those states, desperate to rid themselves of Barack Obama, fall for the Republican Establishment propaganda that only Mitt Romney can win in the General Election against Obama. History tells us otherwise. Obama is beatable, and short of massive voter fraud, I believe he can and will be beaten. In fact, if John McCain and Sarah Palin were running against Obama in this election they would beat him handily. If not, then the nation is too far gone for any conservative to make any difference.

There have been few times in history when the American people were given the opportunity to vote for a tri-partite conservative. When they are, they elect them by a landslide. “Tri-partite conservative” is the term I use to designate a conservative who embraces all three aspects of Conservatism; constitution conservatism, fiscal conservatism and social conservatism”. Those that stand out in history are: Thomas Jefferson (1800), James Madison (1808), James Monroe (1816), Calvin Coolidge (1924) and Ronald Reagan (1980). In between, we have tried “moderate conservatives”, “compassionate conservatives”, and republicans masquerading as conservatives. In each case the socialist juggernaut continues to move forward.

We have to face the fact that the Republican establishment is only concerned with who wields the power of government, not with how they use that power. This election is the most critical election since 1860. While we cannot afford another term of Barack Obama’s style of socialism, we also cannot afford to elect a Republican who is likely to play “footsie” with the Democrat socialists, RINOs, and other big government Republicans in Congress. What we must have this go-round is a tri-partite conservative who has the character and the willingness to attack the socialism in our society on all three fronts.

Of the four remaining candidates in the race, only Rick Santorum is a tri-partite conservative.  Ron Paul is pretty good on the Constitution except for the clause, “provide for the common defense”. He is also a libertarian who believes that  social conservatism is fatal to the  future of the Republican Party. —So much for “insuring domestic tranquility”.

Newt Gingrich is the most knowledgeable of the field when it comes to the Constitution and history. However, in several of the debates he has shown himself to be a “big government” conservative who still believes the federal government can solve our problems —If only he were in charge. He seems to be not so concerned with getting rid of Obamacare and the Department of Education, as he is “making them work better for the American people”.

In many ways Mitt Romney expresses the same attitude. There are four reasons given for the support of Romney during the primaries. According to USA Today, 60% of the Romney voters interviewed in yesterday’s primary election in Illinois, gave as one of their main reasons in voting for him was that they believed he was the only Republican who could beat Obama in November. This seems to be more of a tribute to the national media and the Republican establishment’s campaign to once again pick the Republican candidate than to their confidence in Romney. It also shows the gullibility and desperation of too many Illinois voters.

The second reason given for supporting Romney is that he has been a successful business man and investor. But then, so has Warren Buffet and George Soros. That does not qualify them to be President of the United States; neither does it qualify or disqualify Romney from being President. Another reason given for Romney’s appeal, is his success in turning around the Salt Lake City Olympics. These supporters never mention how much of his success was dependent on the financial support of the federal government. The fourth reason given for Romney’s appeal is his “successful” term as Governor of Massachusetts. This is perhaps, the weakest part of his resume.

While Governor of Massachusetts, Romney instituted same-sex marriage when the Massachusetts Legislature refused to do so. It is a mistake to claim that the Mass. Supreme Court mandated gay marriage. It did not. The Court only recommended that the Legislature change its then existing laws prohibiting same-sex marriages. In fact the Court acknowledged that it did not have the power to change the law itself. —So much for social conservatism. While Governor, Romney also signed into law “Romneycare” which has been a total failure.

He gives two excuses for doing so. First, he blames the Legislature and the people of Massachusetts, claiming that as Governor of a progressive state he had to follow “the will of the people” — so much for standing on principle. He also argues that Romneycare is constitutional because it was instituted at the state level and the state’s power to do so is protected by the Tenth Amendment. In this he is correct. However, although it may be Constitutional, experience has shown it to be extremely bad public policy, and will be a major stumbling block when running against Obama. In addition, it will greatly increase the difficulty of getting Obamacare repealed should Romney become President.

Perhaps the most damaging aspect of Romney’s Massachusetts experience is his willingness to follow, rather than lead in critical situations. He followed the Court’s lead in the matter of same-sex marriage and set the precedent for other states to do the same. He followed the lead of the people and the Legislature with Romneycare, and supplied Obama’s advisers with the model for Obamacare. If elected President without a veto proof Senate and a large majority of conservative Republicans in the House, we stand little chance of substantially reversing the hundred-year-old trend toward socialism. The best we can hope for is to slow it down slightly.

On the other hand, if Rick Santorum becomes president he may prove to be a disappointment, as have so many other Republican Presidents before him. However, at this point in history we cannot take a chance with the future of our Republic and elect anything less than a tri-partite conservative who will fight for conservative principles on all fronts; social, political and economic. At this point in the campaign, it appears that Santorum is the only one likely to do that.

Mitch McConnell plays “Charlie Brown” on Washington Stage

According to an article in the Chicago Tribune, a compromise proposal crafted by Senate Majority leader Harry Reid and Senate Minority Leader Mitch McConnell is likely to come before the Senate for a vote this week. Under this compromise plan designed to increase the debt limit before the August 2 deadline, the President would be given the authority to raise the debt limit three times for a total increase of $2.5 trillion without Congressional approval,  in exchange for a series of budget cuts that would reduce the budget $2.5 trillion over the next ten years.

In this scenario, Mitch McConnell plays the role of the Peanuts cartoon character, “Charlie Brown” and Harry Reid plays the role of “Lucy” holding the football. The budget reductions promised over the next ten years are reminiscent of the character “Wimpy” in the old Popeye comic strip as he tells the counterman at the local diner, “I will gladly pay you Tuesday for a hamburger today”. Taking into account that the Tribune is a part of the MSM and this article comes out of their Washington News Bureau, the quotes of some conservative Republicans in Congress concerning the possibility of a last minute compromise is somewhat disconcerting.

It seems the Republican Leadership in Washington does not yet realize just how determined its conservative base is in taking back their country. By the same token, a large percentage of conservatives throughout the country do not yet realize that we are in the midst of a war between the socialists inside our government and the constitutional conservatives that make up a large part of the patriot or “tea party” movement. This war has been going on for the past 130 years and has now reached the critical stage. Make no mistake, this is a war with one side, the socialists or progressives, determined to destroy America, as we know it. Their goal is to destroy republicanism, capitalism, conservatism, the American culture and the U.S. Constitution. On the other side, the constitutional conservatives’ goal is to destroy socialism, purging it from the power structure of government and restoring the republican form of government designed by the Founders in the Constitution.

I was eleven years old when World War II ended. I did not understand at the time all the details behind the war but the one thing that made a lasting impression on me that I have never forgotten is the spirit of patriotism that permeated American society. No one would even think of compromising with the Axis Powers; the goal was to defeat them, totally and completely. The socialist in America have always understood the nature of the conflict we are engaged in and have been persistent and relentless in their attacks on the institutions of our government and culture. Conservative patriots have been on the defensive since the beginning of the socialist movement in the last quarter of the nineteenth century.

In the twentieth century, the socialist seemed to have lost most of the battles fought at the ballot box, in the courts and in the halls of Washington. Conservatives were content to defend their positions policy by policy with every contest ending in a compromise giving the socialists a little more ground. We are beginning to understand that compromise with socialists is simply another name for surrender.

For their part, the socialists never concede defeat. They simply accept the compromise and move forward to the next battle while the conservatives return to the mundane world of daily life. For example, universal, state-run health care has been a goal of socialism since the 1854 Bill for the Indigent Insane, vetoed by President Franklin Pierce because the Constitution does not give Congress the power to pass national welfare legislation. The push for universal health care was taken up again by President Theodore Roosevelt in the election campaign of 1912. Roosevelt was defeated and the issue lay dormant until revived by Franklin Roosevelt. The first bill for social security included publicly funded health care programs, but Roosevelt was forced to remove them from the Social Security legislation in 1935 while he sold Social Security to the American people as “insurance” and to the courts as a “tax”.

Socialists refused to accept these expressions of the American people’s will and kept on fighting for universal health care which they finally succeeded in getting passed into law, piece by piece, beginning with Medicare and Medicaid in 1965 and culminating in the health care bill, “Patient Protection and Affordable Care Act” passed by the Progressive Democrats led by Barack Obama in 2010. The hundred-year socialist vs. conservative contest over universal health care showcases the nature of the ongoing war for the future of America we are now engaged in.

As Israel has been demonstrating for the past fifty years, you cannot compromise with those who are determined to destroy you. In doing so, you merely let the enemy off the hook so they can regroup and return, even stronger, and as determined as ever in their mission of destruction. America cannot afford to compromise on the upcoming debt crisis. The Reid-McConnell compromise only assures that our national debt climbs to 17 trillion dollars in the short term, and the continuation of massive deficit spending in the long term.

America is not Soviet Russia or Communist China. Five-year and ten-year plans are meaningless in American politics because promises of future actions by Congress are binding only on the sitting Congress that makes the promise. They are not binding on future Congresses. The 112th Congress can plan and promise anything. The 113th Congress can do as they please because those promises are not binding on them. The only way we are going to return to fiscal stability and a thriving economy is to simply say NO to more debt, take the consequences and start over. That may mean short-term hardships for many but it will save the country for future generations.