ObamaCare Unconstitutional

ObamaCare Unconstitutional

By Delwyn Lounsbury - THE DEFLATION GURU

A Florida federal judge, Justice Roger Vinson of the U.S. District Court in Pensacola, Florida ruled, 1/31/2011, that the thinking behind the 2300 page, $938 billion health reform bill passed last year - the individual mandate - is illegal. You heard me - the entire Patient Protection and Affordable Care Act - ObamaCare unconstitutional. Typically, they put a severability clause in legislation so that if one part of the law is held to be unconstitutional the rest stands. Guess what! They didn't put in that clause. Judge Roger Vinson bravely followed long standing precedent and centuries of case law in ruling ObamaCare unconstitutional.

Justice Vinson wrote, "Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications..."

There was a similar ruling by Judge Henry Hudson in Virginia last year and 26 states have joined in a suit seeking to overturn the bloated bill that would take 16 percent of the American economy and put it under historically inefficient governmental control.

Judge Henry Hudson in an earlier ruling had found that to force citizens to buy only government insurance and then fine them if they didn't was actually a tax. President Obama has consistently maintained that it was not a tax. Liar!

The United States Constitution does not force someone to do something they were not already doing. "It would be a radical departure from existing case law to hold that Congress can limit inactivity under the Commerce Clause... Everyone must participate in the food market...under this logic, Congress could (mandate) that every adult purchase and consume wheat bread daily. If they didn't buy wheat bread they might have a bad diet which would put a strain on the health care system," Vinson writes.

Then he gave another analogy, "Congress could require that everyone above a certain income threshold buy a General Motors automobile - now partially government owned - because those who do not by GM cars (or those who buy foreign cars) are adversely impacting commerce and a taxpayer-subsidized business. The individual mandate exceeds Congress' commerce power, as it is understood, defined and applied in the existing Supreme Court case law."

U.S. Representative Cynthia Lummis (R-Wyoming) issued this, "A federal judge in Florida confirmed today what I have been hearing all over Wyoming - President Obama's budget-busting health care law simply does not pass constitutional muster. The ObamaCare mandate, which is central to the President's health care law, represents an unprecedented overreach that encroaches on the rights guaranteed to all Americans under the Constitution. Today's ruling hit the bull's-eye."

Next step is for the case to go the Supreme Court where Justice Anthony Kennedy is the swing vote. This probably won't happen in 2011 and the mandate element of this unconstitutional ObamaCare doesn't kick in until 2014. There is still time for you to lobby against the Obama administration tyranny. President Obama has appointed two left leaning judges recently to the Supreme Court of our land.  Judge Elana Kagan did her college thesis on how great socialism is.

What if you were a young person struggling to start a business and made the decision to not pay to join the unconstitutional ObamaCare because you needed every cent to keep it going? You would be fined plus have to pay the policy. Dark ages all over again! Is debtor prison next?

The Obamacare health reform act congress just passed threatens to put 16% of a free market economy under government control.  When, I ask you, has the government run anything better or more efficiently than free enterprise? Never!  I do admit health care reform is needed.  However, the 2,300 page act does not even address the real issues like:  1. Tort reform (limit the amount and damages in lawsuits).  2. Let health insurance companies sell policies across state lines and country boundaries to increase competition.  3. Make it easier and less expensive to get drugs approved by FDA.  4. Other cost saving ideas like streamlining FDA drug and new medical procedure approval.  There is bound to be health care rationing in a down economy.  There are just too many baby boomers getting older and needing healthcare.  A superior court judge just ruled that Obamacare is actually a tax.  Socialist Obama wants more people on the dole and reliant on big government.  He is in the process of killing the best health care system on earth.

ObamaCare was just ruled unconstitutional by a federal judge.  President Obama is not doing anything about the ruling.  This is sedition - not following your government's constitution and rules.  This is his second sedition with the first one being his refusal to furnish his birth certificate and proof of citizenship.  Don't you think you would be required to show proof of citizenship if you ran for the Presidency?  Obama has spent over a million dollars in attorney fees fighting 

There is bound to be health care rationing in a deflation economy and Greater Depression. Reduced property, sales, income and capital gains tax revenues due to the downturn will hurt city, county and state government the most since they cannot print money. The U.S. government will, however, be stressed to the max in a depression three times as large and three times longer than the 1930's depression. Plan on it! This will lead to long lines, long waits and denial of service because of age. The economic reality of deflation and the Greater Depression will cause governments at all levels to tighten their belts.

As of 2/20/2011, 3 state governors have publicly stated that their state will not implement ObamaCare, Florida, Wisconsin and now Governor Parnell of Alaska.

The Justice Department, apparently prompted by the Parnell statement, has filed court papers with Judge Vinson, asking that the court to clarify that the original judgment "does not relieve the parties of their rights and obligations under the Affordable Care Act."

No matter how bad the deflation economy and Greater Depression gets we need to protect out Constitution from being further eroded by statist socialist subterfuge if we want any freedom and liberty at all. Free enterprise is the only system that works. President Obama policies of monetary stimulus, government regulation, increased taxes and bashing business will only make the Greater Depression worse. Government run Medicare and Medicaid are already projected to bankrupt our whole country as all the baby boomers retire, live longer and have health issues. Don't let them do this ObamaCare unconstitutional dirty-work. Stop the government power-grab!

President Barack Hussein Obama is declaring a federal law unconstitutional rather than respect the rule of law, the Judicial branch of our government and the Constitution.

The Constitution is not silent on President Obama’s actions.
Article II, Section I of the Constitution is the presidential oath of office says as follows:
“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”  Barack Hussein. Obama took that oath — twice — on January 20, 2009.  Also, Article II, Section III is clear on the president’s relationship to US law.  "The president] shall take Care that the Laws be faithfully executed..."

President Obama committed sedition by not putting ObamaCare on hold until this constitutionality issue is decided by the Supreme Court.  Now, we are learning $105 billion dollars of hidden up front funding to implement the act has already been appropriated.  Taxpayer’s money spent with no debate, discussion or over site.  Michelle Bauchman, Minnesota Tea Party elected member of the House of Representatives says:  "President Obama is a gangster of government, anti-American, an enemy of job creation, and that Obamacare is an enemy of humanity."  The Tea Party is a broad based coalition of Republican, Democrat and independent Americans that want to stop the insane government spending and stop raising the debt ceiling.

President Obama recently directed the Attorney General's office to quit defending the Defense of Marriage Act in states that have passed laws allowing same-sex marriage.  This is a duly enacted law of the land.  Who is he to take over the judicial branch's job and decree a law unconstitutional?  This is just more Obama sedition.  Does this mean when Obama loses the 2012 election the next President can just call ObamaCare unconstitutional?  At least a federal judge has already ruled that it is.  Impeach this fraud Barack Hussein Obama before he completely ruins our Constitution, our economy and takes all away all our liberties and freedoms.  Let's see his long-form original birth certificate.  He is acting like a communist double agent on some fascist jihad to kill American Liberty.

Now we are learning Congress will not allow an increase in the social security COLA  (cost of living  adjustment).   However, the per person monthly Medicare insurance premium will be increased from the 2009 premium of $96.40 to $104.20 in 2010, $120.20 for the year 2011 and yearly increases will step up to $247 in 2014.

ObamaCare is unconstitutional and socialism and will lead to rationing of health care.  You can count on it!

Copyright 2011 by Delwyn Lounsbury - THE DEFLATION GURU
Use of this article allowed with attribution back to:
http://www.deflationeconomy.com