Obama Care Upheld by Supreme Court

The U.S. Supreme Court has upheld Obama Care. While it struck down the individual mandate on the bases of the commerce clause they upheld it as a tax. The net affect is still upholding of Obama Care.

Surprisingly the deciding Judge surprisingly was not Kennedy, but Roberts. However since the individual mandate was intended to a fine and was never intended to be a tax. In declaring this a tax the U.S. Supreme Court is legislating from the bench by rewriting a law passed by congress to make it Constitutional.

What they did was ruled that the congress’s authority to regulate individual behavior is limited under the commerce clause is limited but unlimited under it taxing authority. So while they can not mandate that you do something and fine you if you don’t they can mandate that you do something and tax you if you don’t. This 100% nitpicking of terms the negative affect on individual liberty is exact the same.

The inevitable affect of this ruling is that unless Obama Care. is repaired the economy will eventually collapse under the weight of a government with uncontrolled power. The immediate affect is likely to be an increase in unemployment as business try to get the money needed for their mandates under Obama Care and smaller business collapse under its weight.

As a result of this ruling of the U.S. Supreme Court, the United States can not longer be called a free country. U.S. Supreme Court has effectively reduced us from citizens to subjects of an all powerful Government that can decree that we do something they demand and punish us for not doing it along as call it a tax and not a fine.

So comrades I would like to welcome you to the Slave States of America.

Commentary on the Unites States Constitution Article 1 Section 5

The Unites States Constitution Article 1 Section 5

This section deals with the membership, rules, journals, and adjournment. It gives each House the authority to judge their elections, returns and member qualifications.

It establishes a majority of members of each house has to do present to conduct and business other than adjourning for the day. A minority can also be allowed to compel absent members to attend meetings by appropriate penalties.

The House and Senate are allowed to set there own rules and punish members as needed up to expelling a member by a 2/3 vote. They are also required to keep a record of their, meetings that has to be publish with the exception of parts that more than 4/5 those members present are deemed should remain secret. This was allowed because national security some times requires secrecy.

Both the House and Senate need each others consent to adjourn for more than three days, or to a place other than there normal meeting place.

This system has been proven to generally work well but it has from time to time been abused, For example Obama Care was passed through the House of representatives by way by passing all normal procedures to pass the senate version it would have failed to pass the senate again following a special election to fill a vacancy,   

Commentary on the Unites States Constitution Article 1 Section 4

The Unites States Constitution Article 1 Section 4

This places the details electing Senators and Representatives in the hands of the states such as timing and place of elections. However it gives congress the authority to set uniform rules for their elections.

It also sets the first day of congresses session as the first Monday in December but this was change to the 3^rd of January by Section 2 of the 20^th Amendment.

While this section is short it is important for setting the rules and timing of elections. While it is a relatively minor section it is important to the proper functioning of elections in the United State. 

Commentary on the Unites States Constitution Article 1 Section 3

The Unites States Constitution Article 1 Section 3

This part of the constitution establishes the U.S Senate. In this part of the legislature the states all have equal representation. As representatives of states Stators originally elected by the state legislatures but it was changed to being elected by the people of the state by the 17th Amendment. This actually seems to have been a mistake since it has left the states with out actual representation and has done great damage to federalism.

The Vice President serves as President of the Senate, but only votes in the case of a tie vote in the senate. This was done mainly to give the Vice President something to do other than sitting around waiting for the president to die.

The senate also has the duty of trying impeachments made by the house. This process was seen in action for the first time when President Clinton was tried after being impeached on perjury charges by the house. We also saw partisanship at its worst as every democratic Senator went in to the trial already determined not to vote to convict. The fact that some demarcates were needed to get the 2/3 majority required by this section to convict prevented

Commentary on the Unites States Constitution Article 1 Section 2

The Unites States Constitution Article 1 Section 2

This section establishes the U.S. House of Representatives. It establishes representation in the House of Representatives based on the population of each state. The purpose of this is so that each American is equally represented in this body.

It establishes that a census should be taken every ten years to count the population. This brings up the increasingly intrusive questions that come with the census, Note that all that the only question they are empowered to ask is the number of people living in a home. Not one other question is authorized while unwarranted searches are forbidden. In the past two censuses (2000 and 2010) the only answer they got from my family is the number people living in the house and that is all they have any right to know.

There is also a myth about this section that claims that blacks were only counted as three fifths a person. This myth is almost as old as the Constitution but it is totally false. Yes it only counted as three fifths of slaves but there was no racial component to it since all free blacks would be counted.  The reality is that this was actually an anti slavery measure.

Anti-slavery delegates to the constitutional convention did not want any slave counted because the salve population would have given most of the representatives in the house to slave holding states making it impossible to ever abolish slavery. The slave holding slave holding states wanted all of the slaves counted precisely so as to have increased representation in congress. The three fifths compromise was the solution to this problem and it benefited the anti-slavery side.

Commentary on the Unites States Constitution –Article 1 Section 1

The Unites States Constitution –Article 1 Section 1

This section give the exclusive power to make laws to a bicameral Congress of the United States, The congress consists of the Senate and the House of Representatives.

Note the law making power of the United States is bested in congress not the president and not the courts. Sadly congress has from time to time passed laws that given discretionary regulatory power to the president on various issues and they have refused to rain in judges that legislate from the bench.

Congress could reign in both judicial and presidential power grabs by way of impeachment but never have.  As the law making branch the other two can do nothing with out their consent.

Commentary on the Unites States Constitution - Preamble

The preamble to the Unites States Constitution is the Constitution’s introduction and  while purely introductory it shows a lot about the intent of the founding fathers.

They wanted to establish Justice for all which you don’t get form the arbitrary informant with see in the modern federal bureaucracy. 

They wanted to insure domestic Tranquility which is not accomplished by efforts to drive a wedge through society based income for political gain rather than encourage economic conditions that allow people to increase their income.

They wanted to provide for the common defense which the Government is failing to do by letting milling of illegal immigrants enter the country unchecked while not dealing properly with treats from abroad.  For example the failure to realize the Islam is the source of the theorist problem and not just a few crazies.

They wanted to promote the general Welfare but Obama is failing to do by running the national debt at an unprecedented rate while burdening job creators with harmful regulation,

They wanted to secure the Blessings of Liberty for all Americans which Obama and three democrats hostilely attacked by passing an unconstitutional individual mandate of Obama Care which nothing short of declaring every American a slave of  the Federal government by declaring the authority to exercise total control the fruits of labor, because if they can mandate that you buy one product by extension they can mandate how you spend every dime you make and  there by effectively taking all of the fruits of our labor which is by definition slavery.

Commentary on the Unites States Constitution

The Unites States Constitution was ratified by the 13 original states in 1788 and it establish the federal Government. It is the supreme law of the land such that every law, regulation and treaty made by the Federal Government must be consistent with it. If it does not the act is null and void as though it never existed. If a state law, regulation or other action violates those sections of the U.S. Constitution that apply to the stares it is likewise null and void.

If the U.S. Constitution strictly adhered to the Federal Government would be a lot smaller than it is today but sadly this has not been the case. The notion that the U.S. Constitution is a living document has been used to justify ignoring part of it while insisting that things are there that are not. A classic example of this is abortion. The Supreme Court decision that forced abortion down the throats of all 50 states was based on nothing in the U.S. Constitution actually violates the fifth Amendment which for bids the Government from depriving a person of life without due process of law. Supreme Court decision should be based on the original intent of that section of the Constitution and not manipulated to mean what ever the judge wants it to mean.