Tuesday, April 6, 2010

Is it Constitutional???

    Health Care Reform after many backroom deals, payoffs, and out right bribery is now law.  The battle over this government takeover of 1/6th of our economy was lost on the floor of the house by a strictly partisan vote and now it is up to the States to decide if pursuing legal action to prove the unconstitutionality of this law is worth undertaking.

   Thank God, Virginia has been in the forefront on this battle. Our state legislature passed The Virginia Health Care Freedom Act put forth by Delegate Bob Marshall and Governor McDonald signed it into law.  Our Attorney General has also been hard at work too, he has file suit in Federal Court claiming the Health Care Reform law is unconstitutional.   

   There has been a simply astounding amount of misinformation put forth by biased reporters and pundits about Attorney General Cuccinelli and the lawsuit.   One area where skewed information has been disseminated is the amount of money these lawsuits are costing the States. The lawsuit put forth by Mr. Cuccinelli on behalf of the residents and the State of Virginia, has cost the Commonwealth the entire sum of $350.00.  That is the total sum of cost for this lawsuit.  There are no witnesses and the legal aspects will be handled by the Attorney General's office, which of course is already being paid for performing the legal work of Virginia.  The $350.00 is the filing fee for placing the lawsuit on the federal court docket, now compare that to the expense this law will place upon each and every citizen and the state of Virginia.  Virginia's cost due to this legislation is estimated to be 1.1 billion dollars over the next 12 years and there has not been any estimate published yet as to the cost to Virginia households by means of increased premiums and taxes.

    
The Health Care Reform Law has some very unconstitutional aspects that are included within it 2300 pages:
  1. It is not based on any enumerated power of Congress, not even on a very expansive reading of the power to regulate interstate commerce.
  2.  It relies on Excessive Delegation of the type held unconstitutional in Schechter Poultry ruling.  (A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935))
  3. It violates Substantive Due Process, and interferes with doctor-patient medical decisions to a vastly greater extent than did the laws declared unconstitutional in Roe v. Wade.
  4.  It violates the Tenth Amendment by commandeering state governments.
   Now, just to give a glimpse into what Congressmen that voted for the passage of this bill think of the Constitution, one has to look no farther than this video of Congressman Hare explaining his vote.



I think that video says about all one can say about how the men and women who voted for the passage of this bill view the United States Constitution.

Sic Semper Tyrannis!!! 

No comments:

Post a Comment