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Editor/Founder: Bill Smith, Ph.D. [aka: OzarkGuru & 2010 AFP National Blogger of the Year]
Contact: editor@arranewsservice.com (Pub. Since July, 2006)
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One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. -- Plato (429-347 BC)

Monday, January 04, 2010

More People Questioning Legality of Senate Healthcare Bill

by Jim Brown, OneNewsNow: A constitutional historian says American courts would have to overturn their last 80 years of jurisprudence to uphold the constitutionality of the healthcare bill in Congress.

Thirteen Republican attorneys general are threatening to file a lawsuit against the Democrats' healthcare bill if Senate Majority Leader Harry Reid (D-Nevada) and House Speaker Nancy Pelosi (D-California) refuse to remove a provision being called the "Cornhusker Kickback" -- the nearly $100 million Medicaid deal Democratic Senator Ben Nelson secured for his home state of Nebraska. Ostensibly, the deal was in exchange for Nelson's vote -- the 60th of 60 needed -- favoring the legislation. As reported earlier, the senator's decision has angered many Nebraskans.

In a letter sent last week, the 13 attorneys general argue the provision is "constitutionally flawed" and violates the U.S. Constitution's protection against "arbitrary" legislation. Constitutional historian David Barton, the president of WallBuilders , also believes the provision is unconstitutional.

"I think there's huge constitutional problems with this thing," exclaims Barton, "and it may be that we see the power of Congress limited constitutionally through a number of different venues by these various lawsuits that are out there." Barton notes that court challenges are looming over the bill's individual mandate, as well as its anti-trust provision that forces a government monopoly. Texas Governor Rick Perry has also threatened to file a lawsuit, arguing the bill violates states' rights outlined in the Tenth Amendment.

Just before Christmas, The Heritage Foundation also questioned the constitutional legality of the healthcare legislation, publishing a legal memorandum charging that the individual mandate "takes congressional power and control to a striking new level."

The letter to Senator Reid and Congresswoman Pelosi was signed by top prosecutors in Alabama, Colorado, Florida, Idaho, Michigan, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, and Washington state. Four of the Republican attorneys general are running for governor in their respective states.

It should not only be Republican Attorney Generals challenging the Federal government. Every Attorney General should be stepping forward to protect their state from unfunded mandates of the federal government which will force their states into further indebtedness (even if it was their US Senator who was bribed with special exemptions or funding for their state for a period of time). Also the AGs (worth their salt) should be seeking to protect their residents from the infringement by the federal government on individual choice to pursue life, liberty and happiness as so determined by the individual and not by the US Government mandating individuals to either buy health care insurance that the Fed's approve or to be subject to fines and / or imprisonment. Where are our Attorney Generals when we need them? [Possibly, they are accepting campaign funds from the sources that seek to enslave the people in their state.]

Tags: Attorney General, constitution, government run, health care To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. Thanks!
Posted by Bill Smith at 10:53 PM - Post Link

8 Comments:

Anonymous Jonny Mordant said...

I am confident that unless the appointment of Sotomayor has drastically changed the dynamics of the US Supreme Court, the health care bill will be shot down by a majority vote once the case has been heard...

1/05/2010  
Blogger Ron Russell said...

It will be interesting to see how this issue shakes out and what the end result will be. Will these provisions be in the final bill that is voted on, or will they be trashed in the ping pong game between House and Senate. The smoke filled rooms are gone now, but the smell coming out of these closed door meeting is sickening--I would prefer the cigars of yesterday!

1/05/2010  
Blogger SJ Reidhead said...

Dr. Bill;

Thank you for staying on target with this health care mess. So many of us have been diverted, and you just keep on keeping on!

You should be commended for you constancy.

SJR
The Pink Flamingo

1/05/2010  
Anonymous Jim Linn said...

I don't think that the SCOTUS will strike it down. It will be up to the individual states to seek nullification if they have the fortitude and will to risk losing all of their federal funding. Many states could not handle that. perhaps Texas could if they secede and take all the oil and gas revenue with them.

1/06/2010  
Anonymous Christine Klein said...

Every American needs to be questioning this!

1/06/2010  
Anonymous Tam Edens said...

Yes we need to take out the treasonous members congress that voted for this also, clean house

1/06/2010  
Anonymous Kimberly Walsh said...

@Jim Linn YOU GOT IT RIGHT! By then it will be too late... God help us all

1/06/2010  
Anonymous Beth Loy said...

Whatever we have to do - its not legal or constitutional! Go nullification procedures!

Doesn't anyone have any balls in Nevada besides Ensign? Where our the NV top attorneys? Where is nullification legislation! Harry Reid is a criminal and theif!

1/06/2010  

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