Florida`s Attorney General, Pam Bondi, responds in Health Care Law case

[johnwk]

See: Attorney General Pam Bondi and the 25 Other States Challenging the Federal Health Care Law File Reply Brief on Anti-Injunction Act


“The Anti-Injunction Act does not bar the Court from considering the challenge to the individual mandate because the Act imposes a 'penalty' on those who fail to get coverage, not a 'tax',” stated Attorney General Pam Bondi. “The federal government severely undermines its claim that Congress can impose the mandate under its taxation powers.”


There is but one question which Pam Bondi an other State Attorney Generals need to have the Court establish regarding the constitutionality of Obamacare. When have the American People debated granting power to Congress to enter the States and tax for, spend on and regulate their health care needs and choices, and then, as required under Article V of our Constitution, gave their consent to such power by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof? Seems to me a majority of the States have officially rejected such power being granted by filing suite in our federal district courts.


What is so difficult to understand about the un-constitutionality of Obamacare other than those who pretend the Constitution may mean whatever they wish it to mean, and without reference to the documented intentions and beliefs under which it was adopted?


JWK


Health care by consent of the governed (Article 5) our amendment process --- tyranny by a majority vote in Congress or a Supreme Court's progressive majority vote


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[johnwk]

This is scary! Seems as though Tea Party Activists have lost their steam over Obama’s imposed socialized health care considering the case will be heard this month by the Supreme Court and there is little attention being paid to the subject.

Aside from that it is interesting to note regarding the founder’s intentions under Congress’ delegated power to regulate commerce was to prevent one state from taxing another state’s goods as they passed through its borders, and with respect to an out of state insurance company dealing within the borders of another State, less than a year after the ruling in United States v. SouthEastern Underwriters Association that insurance transactions across state lines constituted interstate commerce, thereby logically establishing their immunity from discriminatory state taxation, Congress passed the McCarran Act authorizing state regulation and taxation of the insurance business. In Prudential Ins. Co. v. Benjamin, a statute of South Carolina that imposed on foreign insurance companies, as a condition of their doing business in the State, an annual tax of three percent of premiums from business done in South Carolina, while imposing no similar tax on local corporations, was sustained. This seems to violate the very intentions for which power was granted to Congress to regulate commerce among the states, which was to prevent one state from taxing another State’s commerce differently than its own commerce.

JWK


The liberty to fail or succeed at one’s own hand is a PROGRESSIVE‘S nightmare and not the American Dream

[betamanlet]

Funny how virtually nobnody is complaining about other uncostitutional aspects of Obamacare, like the ability to force any empoyer or insurer to cover BC and at what cost to the employee. It's a blatant violation of the 10th amendment for any employer, not just the church, where it would also be a 1st amendment violation.

[johnwk]

Funny how virtually nobnody is complaining about other uncostitutional aspects of Obamacare, like the ability to force any empoyer or insurer to cover BC and at what cost to the employee. It's a blatant violation of the 10th amendment for any employer, not just the church, where it would also be a 1st amendment violation.

Unfortunately, our pinko media is in the tank for Obama and fundamentally transforming America into a socialist state.

I think it’s time to confront socialists who use their pens and microphones to destroy America from within.


JWK


America we have a problem! We have a group of DOMESTIC ENEMIES who have managed to seize political power and whose mission is in fact to bring “change” to America ___ the dismantling of our military defensive power; the allowance of our borders to be overrun by foreign invaders, the diluting of our election process by allowing ineligible persons to vote; the circumvention of our Republican Form of Government which is now replaced with a 12 member committee vested with power to make law; the destruction of our manufacturing capabilities; the transferring of America’s technology to hostile foreign nations; the strangulation of our agricultural industry and ability to produce food under the guise of environmental necessity; the destruction of our nation’s health care delivery system, the interference with our ability to develop our natural resources, namely oil, to fuel our economy; the looting of both our federal treasury and a mandatory retirement pension fund; the brainwashing of our nation’s children in government operated schools; the trashing of our nation’s traditions and moral values; the creation of an iron fisted control unauthorized by our written Constitution over America’s businesses and industries; the devaluation of our nation’s currency, and, the future enslavement of our children and grand children via unbridled debt and inflation, not to mention an iron fisted government which intends to rule their very lives!

[johnwk]

Just for the record and in connection with Obamacare which will be argued before the Supreme Court in a couple of weeks, Justice John Marshall stated the following in Gibbons v. Ogden, 1824



State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress.


And Justice Barbour referenced the above case in New York v. Miln, 1837, and confirmed the State’s authority over the subject of health laws:


"Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass."


And finally, almost 100 years later the Supreme Court again confirmed Congress is without power to regulate medical practices in the States.


“Direct control of medical practice in the states is obviously beyond the power of Congress.” ___ Linder v. United States, 1925



QUESTION IS:

Do you really want Obama and his socialist pals entering your State and dictating your health care needs and choices?


JWK



Health care by consent of the governed (Article 5) our amendment process --- tyranny by a majority vote in Congress or a Supreme Court's progressive majority vote

[johnwk]

See: Obama Rallies Support for Health Law Ahead of Supreme Court Case


“Dozens of consumer, church and public health groups plan events including a prayer vigil to rally support for the health- care overhaul as the Supreme Court holds arguments on the measure March 26 to 28. About 100 supporters met at the White House on March 7 to discuss a coordinated response, according to an administration official who declined to speak on the record because he wasn’t authorized to discuss the gathering.”

The question is, will freedom loving Americans who support our Constitution, which was never intended to allow the federal government to enter the States and interfere with the people’s health care decisions and choices, come out to defend our Constitution, especially its Tenth Amendment and demand our Constitution’s amendment process [Article V] be fulfilled prior to the enforcement of a progressive tyranny called Obamacare?

Where is the news about Tea Party Activist’s scheduled events and a march on Washington on March 26th - the 28th in support of our Constitution and against the tyranny of Obamacare?

JWK



Health care by consent of the governed (Article 5) our amendment process --- tyranny by a majority vote in Congress or a Supreme Court's progressive majority vote

[johnwk]

This is very disappointing. Obama invites his community organizing gang to the White House to organize countless demonstrations while the Supreme Court will be hearing the Obamacare case, and those who oppose Obamacare tyranny seem to sit idle and reserve themselves to being spectators.

Maybe it’s because of the people’s silence and apathy over the years, when their Constitution is being shredded by the Supreme Court, that our Supreme Court has become more brazen in recent years in its judicial tyranny, as in the Kelo case.


It would appear from Obama’s efforts to coordinate pro-Obamacare demonstrations during the Courts hearings, that that are very, very important, perhaps so important that our founding fathers actually provided for them in our Constitution!

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

I am very disappointed that those who object to Obamacare as being beyond the powers granted to Congress, are now silent as our federal government __ Obama’s Department of Justice __ proceeds to achieve, under color of law, a power to enter the various united States and dictate the people’s choices and decisions regarding their personal health care needs.

Freedom is not FREE!

JWK


Health care by consent of the governed (Article 5) our amendment process --- tyranny by a majority vote in Congress or a Supreme Court's progressive majority vote

[johnwk]

Well, our beloved employees at the Supreme Court will not allow the health care case arguments to be televised. See: Supreme Court says no TV cameras at health care arguments


“WASHINGTON — The Supreme Court has rejected requests from news organizations for live, televised coverage of this month’s historic arguments on President Barack Obama’s health care overhaul, but has agreed to release audio recordings of the proceedings on the same day.”


JWK


Health care by consent of the governed (Article 5) our amendment process --- tyranny by a majority vote in Congress or a Supreme Court's progressive majority vote