Posted by: Debby Durkee | August 4, 2010

MO says “No.”

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MO says “NO.”

Wow. Missouri voted yesterday and yelled out loud and clear to Obama and his leftist Democrats: NO mandate for Obamacare in Missouri. With MO voters slapping Obama and VA winning round one in its court fight against the unconstitutional mandate to buy a product, things are heating up for a big fight in some court somewhere in the near future. First Missouri, then we’ll look at what the Virginia decision means. This is from Philip Klein over at The American Spectator.

Yesterday, by an overwhelming 71 percent to 29 percent margin, voters in the bellwether state (of MO) approved the resulting initiative known as Proposition C, which is aimed at protecting Missouri residents from the mandate that will force individuals to purchase health insurance policies approved by the government, or pay a penalty.

“Missouri is the first public referendum on ObamaCare in the nation,” (Jane) Cunningham (Republican state senator from St. Louis County) said, noting that efforts to shield residents from the affects of ObamaCare are underway — at various stages — in 42 states. Oklahoma and Arizona have similar initiatives on their ballots in November.

Skeptics of these initiatives say that they lack real teeth, because ultimately the U.S. Supreme Court will have to determine whether the federal government has the right under the Constitution to dictate to individuals that they must buy a product. Snip –

Cunningham dismissed those who tried to down play the significance of the vote.

“We feel in Missouri like we are fighting for citizens all around the country that feel like we must draw a line in the sand between what are state and individual rights, and what are federal rights and responsibilities,” she said.

Yesterday’s vote was a direct result of citizens demanding their lawmakers take action, and then implementing a campaign for the measure once the legislature approved putting it on the ballot, she said. Cunningham recounted that grassroots organizations had held five rallies at the capitol, gathered on street corners, marched in parades, and called radio shows. Snip –

Supporters of ObamaCare have been dismissive of the vote in Missouri, arguing that it occurred during low-turnout primaries, and on a day in which the Republican races garnered more attention.

“The assumption that those critics would make is that this would not have passed on a November ballot,” he said. “And I don’t think that’s true. I think this would pass in Missouri whenever we put it on the ballot.”

As evidence, he noted that originally the measure was intended to be on the general election ballot in November, but Democrats fought it, fearing that it would help boost turnout among conservatives.

Klein goes into the way Missouri got their measure on the ballot. It was grassroots organizing and some willing politicians who stood up and got it done, then they got another group to help with radio ads and pamphlet mailings. A great effort. Let’s hope their results just continue to snowball. Read it all here:  http://spectator.org/archives/2010/08/04/missouri-says-no-to-obamacare

Virginia wins round one over Obamacare.

Virginia Attorney General Kenneth Cuccinelli is making a big name for himself, and this latest effort on behalf of the state’s citizens is a big win against an out-of-control Congress and executive branch. The rebukes to Obamacare just keep on coming. Americans see Obamacare for what it is: federal tyranny against U.S. citizens. This is from an unsigned editorial at The Washington Times.

The major substantive thrust of the lawsuit, filed by Virginia Attorney General Kenneth T. Cuccinelli, is that while Congress can regulate actual economic activity in which citizens choose to participate, it cannot force citizens to partake in economic activity by mandating the purchase of health insurance. In short, there are limits on federal power.  Snip –

… As Mr. Cuccinelli explained (Monday), “This is not [just] about health care but about liberty and the outer reaches of the power of the federal government.”

The Obama administration recognizes no real limits. It had moved on four different grounds to dismiss Virginia’s lawsuit before even reaching a trial on the merits. “Virginia had to prevail on all four elements to survive the federal government’s motion to dismiss,” Mr. Cuccinelli said….” Yet the motion to dismiss failed on all four counts, and the case continues. For the Obama administration to go oh-for-four at the preliminary stage is a fitting rebuke to its notions that the national government is all-powerful.

“The commonwealth defies the Secretary [of Health and Human Services] to point to any Commerce Clause jurisprudence extending its tentacles to an individual’s decision not to engage in economic activity,” Judge Hudson wrote. Such defiance is highly appropriate, particularly in cases such as this, in which Mr. Cuccinelli is protecting a state law against individual mandates. On this point, the judge wrote, “the states have a legally protected sovereign interest.”

Read that again: A realm exists in which the states, not the federal government, are sovereign. As the 10th Amendment stipulates, “The powers not delegated to the United States … are reserved to the states respectively, or to the people.” Ultimately, it is the people’s own individual sovereignty that is threatened by Obamacare. It’s that sovereignty that Mr. Cuccinelli is defending against federal tyranny.

When the federal government oversteps the people respond, and in this case we actually had a district court judge who knows the Constitution and is ready to make sure it is not bypassed in this rush to pass a gigantic new law. Read it all here: http://www.washingtontimes.com/news/2010/aug/2/virginia-wins-a-round-vs-obamacare/

Obamacare and the Constitution.

This column looks more closely at the judge’s decision in the Virginia case against Obamacare. The writer’s bottom line: the judge ruled that it’s up to the courts to do what Congress failed to do: apply the Constitution in its lawmaking.  I know the Obama Democrats scoff at that notion (remember Pelosi laughing when asked where in the Constitution Congress had the right to do this?) This is from Betsy McCaughey at the Wall Street Journal.

 (U.S. District) Judge (Henry) Hudson’s ruling paved the way for a trial to begin on October 18, with possible appeals all the way to the Supreme Court, a lengthy process. Some states will likely delay creating insurance exchanges and slow down other costly preparations for ObamaCare until its constitutionality is determined by this case.

If mandatory insurance is declared unconstitutional, the entire health law could collapse like a house of cards. Most complex legislation states that if one part of the law is struck down, other parts remain enforceable. But authors of ObamaCare chose to omit that clause, suggesting that the health overhaul won’t work without mandatory insurance.  Snip –

Twenty-one states and several individuals are already suing to overturn it. Virginia went one step further, enacting a law that makes it illegal to require any resident to purchase health insurance. The Virginia measure won solid support from both Republican and Democratic state legislators. Despite what Mrs. Pelosi tried to suggest, questioning the constitutionality of ObamaCare is not partisan posturing. A fundamental principle is at stake.

On July 1, before a packed courtroom, attorneys for the state of Virginia argued that if the federal government can require you to buy insurance, it could also force you to buy any product to solve any national problem: a new GM car to bolster Detroit, or stocks to prop up Wall Street. Snip –

Ms. Sebelius’s motion to dismiss the case focused almost entirely on why requiring everyone to buy insurance would be good public policy. In other words, the ends justify the means.

Virginia Attorney General Kenneth Cuccinelli, however, made an argument rooted in the Constitution. He cited Alexander Hamilton’s assurances in the Federalist Papers that Congress’s power would be limited and two centuries of Supreme Court cases applying that principle.

In 1993, the Congressional Budget Office said that the mandatory insurance provision in President Bill Clinton’s health plan would be “an unprecedented form of federal action.” In 2009, the Congressional Research Office applied a similar caveat to ObamaCare.

Mr. Cuccinelli argued that Congress ignored these warnings. ObamaCare, he said, was “cobbled together in secret, passed by the Senate largely or totally unread, on a party line vote literally in the dead of night on Christmas Eve.”

Judge Hudson ruled that the court must do what Congress failed to do—apply the Constitution.

I know it’s a rather old document, Democrats, but our Constitution has more brilliance in its one lonely page than fifty of your 2,000-page bills piled on top of each other. Americans love their Constitution. You all have been in this tight little group of “those who know better” for so long, that you’ve started believing it. Well, we’re here to show you how wrong you are. Three cheers, and may the momentum continue. Read it all here: http://online.wsj.com/article/SB10001424052748703545604575407160833226350.html?mod=WSJ_newsreel_opinion

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Responses

  1. The problem is that no one in the Obama government is listening to the 71%. The czar’s are in control and they listen to no one. Let’s hope we can deliver the message louder and clearer in November! Viva La U.S.A. !!

    • Let’s hope the Republicans (conservatives, please!) start withholding money from these so-called czars. How do they get paid anyway? Are they paid by the executive branch? Perhaps they should look into the White House budget?


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