• The Heritage Network
    • Resize:
    • A
    • A
    • A
  • Donate
  • Beyond the Constitution: The Healthcare Bill Violates the Rule of Law

    Senator Jim DeMint (R-SC) has pointed observers to a problematic section of the health care legislation now before the Senate that proposes (in Section 3403) to create an Independent Medicare Advisory Board. He rightly observes that the bill language makes it virtually impossible to repeal that part of the legislation, thereby attempting to bind future Congresses.

    DeMint is right about all this, but—having read through the legislation—by my read it is actually much worse than has been suggested, and much more destructive of the rule of law and democratic governance.

    The purpose of the Independent Medicare Advisory Board is to “reduce the per capita rate of growth in Medicare spending.” (p. 1001) Its proposals to reduce that spending “shall not include any recommendation to ration health care, raise revenues or Medicare beneficiary premiums under section 1818, 1818A, or 1839, increase Medicare beneficiary cost sharing (including deductibles, coinsurance, and co-payments), or otherwise restrict benefits or modify eligibility criteria.” (p. 1004) (And the legislation won’t pay for abortions – yea, right.)

    But the Board’s proposals “shall include recommendations to reduce Medicare payments under parts C and D, such as reductions in direct subsidy payments to Medicare Advantage and prescription drug plans . . . that are related to administrative expenses (including profits) for basic coverage.” (Hmmm . . . . Sounds like rather than directly rationing health care, they just won’t pay for it.)

    Setting the rationing questions aside for a moment, what is most disturbing is the process by which these cost-savings dictates made by an unelected board of experts will be implemented regardless of the majority opinion of the law-making branch of government. So much for the rule of law.

    This Board—which is appointed by the President, is not required to hold any public meetings or take any testimony and cannot be disbanded except by a 3/5 vote of Congress—transmits a legislative proposal that implements its recommendations to the President, who shall immediately submit such proposal to Congress. (p 1011)

    On the day on which the proposal is submitted it shall be introduced in Congress (p 1017) and referred to the Committee on Finance in the Senate and to the Committee on Energy and Commerce and the Committee on Ways and Means in the House of Representatives (p. 1018), despite any standing rules of the Senate (p 1019). If the committee does not act fast enough, the bill shall be discharged from (ie forced through) that committee (1019).

    And then there is this zinger:

    It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment, or conference report (other than pursuant to this section) that would repeal or otherwise change the recommendations of the Board” if the bill, resolution, amendment or report does not satisfy the requirements of the legislation.

    And here is DeMint’s troubling discovery (p 1020):

    It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment, or conference report that would repeal or otherwise change this subsection” other than by three-fifths of the Members of Congress.

    The section then goes on to promulgate the rules of debate in the Senate and House for considering the legislation, and that if the one House passes the legislation the other “shall consider the bill introduced in that House through all stages of consideration up to, but not including, passage.” No more pesky committee mark-ups and amendments.

    If there is any doubt that this section of the Healthcare Bill changes the rules of the Senate and the House in violation of clear constitutional language guaranteeing each House’s determination of the rules of its proceedings (Article I, Section 5), consider this Orwellian language (p. 1028):


    This subsection and subsection (f)(2) are enacted by Congress—

    ‘(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of bill under this section, and it supersedes other rules only to the extent that it is inconsistent with such rules; and

    (B) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

    Sooo, . . . the Secretary shall not implement the Board’s “recommendations” but only if Congress follows all these new rules and goes to great length to pass another law.

    But wait! Perhaps the bureaucrats can implement the law anyway(p. 1031):

    NO AFFECT ON AUTHORITY TO IMPLEMENT CERTAIN PROVISIONS.—Nothing in paragraph (3) shall be construed to affect the authority of the Secretary to implement any recommendation contained in a proposal or advisory report under this section to the extent that the Secretary otherwise has the authority to implement such recommendation administratively.

    Paragraph 3 is the exception under which Congress enacts legislation against the specific Board recommendation. Given the wide latitude by which bureaucrats wield their administrative authority, and the looseness of this language, the legislation could be read to give them a green light to proceed administratively despite congressional disapproval. And, just to make it clear they mean to rule us, there shall be no administrative or judicial review of this decision.

    It has become commonplace for Congress to pass massive pieces of legislation with little serious deliberation; it is increasingly an administrative body overseeing a vast array of bureaucratic policymakers and rule-making bodies. Although the Constitution vests legislative powers in Congress, the majority of “laws” are promulgated by administrative agencies in the guise of “regulations”—a form of rule by bureaucrats who are mostly unaccountable and invisible to the public.

    This bureaucracy is so overwhelming that it is unclear whether modern presidents actually can be held constitutionally responsible for “tak[ing] care that the laws be faithfully executed.” Presidents now appoint numerous policy “czars”—megabureaucrats operating outside of the existing cabinet structure—to forward their objectives over the inertia of their own administrations.

    And now, in this new form of administrative governance, unelected and unresponsible experts who are beyond legislative control and the rule of law will tell us what is good for us and the rules by which we will shall live our lives.

    This legislation is not about health care, but about placing one sixth of the American economy—and some of the most important and personal decisions in our lives—under the permanent control of government. This section of the legislation—and the operations of this Independent Medicare Advisory Board—is a prime example of the autocratic rule that is increasingly overtaking us.

    Posted in Obamacare [slideshow_deploy]

    42 Responses to Beyond the Constitution: The Healthcare Bill Violates the Rule of Law

    1. Publius Huldah, Cook says:

      The Declaration of Independence and The Constitution are, together, the "fundamental law" of our land. They are the standards by which all acts of Congress, of the Executive Branch, and of the Judicial Branch are measured. Thus, all 3 branches of the federal government are "under the law". THIS is what "rule of law" means.

      The statists are determined to transform us into a land where those holding political power do whatever they want without regard to any external standards. THIS is what is meant by the "rule of men".

    2. Freedom of Speech, T says:

      I am calling for nothing. I encourage nothing.

      I simply point out that laws, like the Federal Reserve Notes (dollars), survive only as long as people believe in them.

      When a government becomes oppressive then the people have every right and, indeed, a duty to resist.

      When the will of the people is ignored, especially with contempt by those who were elected to represent the people, then it is incumbent on all Americans to resist.

      For once that people fear the government instead of vice versa – the people have lost individual liberty and freedom as endowed by our Creator and guaranted by our Constitution/Bill of Rights.

      Merry Christmas

    3. Kevin H, Glen Burnie says:

      This legislation is not about health care, but about placing one sixth of the American economy—and some of the most important and personal decisions in our lives—under the permanent control of government.

      That's just silly. Haven't you realized your scare tactics aren't working. You said same thing about ARRA – how it would not work, will make things worse – and look how wrong you were.

      I think it's interesting to see Johnson & Johnson, GlaxoSmithKline, Novartis, and Bristol-Myers Squibb Foundation, Pfizer and PhRMa have all made significant contribution to the Heritage foundation.

      Real big surprise your org keeps coming out against the health reform, using these same old scare tactic talking points from Frank Luntz memos.

      Would be great if you actually looked out for the average americans.

      Absolutely sad based on the last handful of decades of watching the health system in America fail and fail and fail – you want to keep it the same. Doesn't matter how many americans die each year due to lack of insurance, doesn't matter how many americans go bankrupt, doesn't matter how many americans have recissions exercised against them – just sad.

    4. Mark Wolf, Austin, T says:

      To Kevin H, you are mistaken. The Heritage Foundation as well as other conservatives DO have many solutions to reform healthcare. Democrats do not want to listen nor do they want a simple solution. They only want more power in govt hands. It is obvious that if we wanted to go a public route, we could insure those that don't have insurance right now for far less money than this total take-over would cost. But Dems are not interested, they are only using the uninsured as an excuse to take over. You say the last few decades has been a decline in healthcare but you fail to understand why. As govt involvement has escalated, the costs have soared. From incenting companies to get involved to direct payments to mandating certain coverage while limiting competition, it is clearly govt interference which has hurt healthcare. Just look at other industries that do not have the meddling, they work fine. IF you get govt OUT of healthcare and let freedom work then it will really work for everyone. That does not empower govt bureaucrats and politicians so they won't do that and instead advocate destroying our economy in the name of a very few people that we could take care of without this monstrosity.

    5. Pingback: Beyond the Constitution: The Healthcare Bill Violates the Rule of Law « Dancing Czars

    6. Dan Ross-Tampa Flori says:

      This takeover will destroy medical care as we know it. The physicians and American patients are facing economic & clinical diseater. I work with healthplan clinical data. In each commercial population, 15% of covered members account for 80+% of claim payments. Take the 40% excise tax our moron congress wants to place on "Cadillac Plans". The rulers think these plans give away unneccessary gift benefits, ie, executive physicals and free office visits. No–these plans cover the sickest populations. So the disbetes/cancer/CVD groups will be rewarded by a 40% tax?

    7. Pingback: Obama drowning in a Sea of Socialist Discontent; Senate ObamaCare in trouble with House of Reps « VotingFemale Speaks!

    8. Bobbie Jay says:

      I'm an average American, Mr. MD. Seems you have a special interest in this, yourself?

      As an average American, I love freedom. As education and life's experiences have taught, I didn't bring you into this world and you didn't bring me. Why should mine and my children's medical expense be paid by you and vice versa?

      Those that did bring us into this world, in my life anyway, were accountable to provide and educate me within their means. Not other peoples means.

      When I was old enough, I took those matters independently, to further my survival, as is expected in a country of independence.

      Later, I had children unexpectedly. I didn't run for the nurturing arms of strangers in government, I gave up what I needed to, to provide for my children, as I am the party who brought their lives into this world. This responsibility is expected under the declaration of independence.

      Abusing their powers with a beating, there is no influence from government or you to expect mankind of all races, to declare their state of independence. As if you and obamacare think less of some, Obama wants to declare dependence to all.

      Without government programs, people would innately become responsible instead of a tax burden.

      Just more unconstitutional, disrespectful, deceitful, manipulative, government. If you have brains then open your mind, mr. md. Conduct your business INDEPENDENTLY!

      Because we've become accustomed to the expectations of America's principles, as all mankind has the sense of reasoning and ability, Mr. MD, we take care of ourselves within our individual means in a country of free people, under a declaration of independence.

      We don't want to live off other peoples means of wealth. We want the government to get out of the way of the opportunities where we and our children can work to build our own wealth, like the equal opportunity successes obama hates and has rid us and our children of… living would be alot more comfortable if you and Obamacare took a one way trip to conduct your business at your choice, of a 3rd world country.

    9. paul,mt vernon ohio says:

      Sad that Kevin H can only use the Dems talking points of killing people. If so many people die from not having health insurance then just buy them a policy.

      A real solution without 2000 pages of bunk- make health insurance be owned by the individual and give people a tax break that cant afford it. You pick the coverage you want and then live with your decision.

      If sooo many people are dying from no health care coverage why doesnt this "reform" begin immediately?

    10. Bobbie Jay says:

      Oh, and a thank you to Mr. Demint and the author, Matt Spalding for exposing these findings…

      This isn't about looking out for "average" Americans, it's about looking out for all Americans, who respect and live under the principles, values and laws, America established for all mankind.

      Labeling Americans for the context of government threats to personal, individual, control and responsibilities, is WRONG.

      Thank you, Heritage, for the truth all Americans deserve!

    11. bjjones says:

      Nearly every poll shows the majority of America is against this healthcare bill. That IS the average American speaking. Please do some research. Anyone with an ounce of common sense would be scared of a 2000+ page bill that will impact one of the most important issues in our life, our health. What's in that pile? What's the rush? Who in their right mind would sign on to something this important, with a bunch of self-serving crooks saying, "HURRY, HURRY, NOW, NOW, DON'T READ THE FINE PRINT, OR ANY PRINT. TRUST US. YOU KNOW, US, THE ONES THAT HAVE SCREWED UP THE ECONONY, ARE SPENDING YOUR MONEY FASTER THAN WE CAN PRINT IT, AND HAVE NO SENSE OF INTEGRITY WHATSOEVER!"

      Yes, healthcare does need reform. Haste makes waste. Let's do it right. Let's do it to benefit those who will pay for it. Let's search for the truth and not be led by a bunch of wolves in sheeps clothing.

    12. Bobbie Jay says:

      Kevin H, Glen Burnie, MD, Boy, am I bad. Is MD for Maryland or Medical Doctor? I may be mistaken on the "special interest of your own" part. ooops!

      What is your definition of "average American" anyway? I'd enjoy seeing if we might fit in?

    13. Jeremy from South G says:

      Mr Kevin,

      Your Comment about ARRA is funny. Can you tell me the purpose of the Bill that you are praising? I think I heard you say create jobs. But what are the unemployment numbers now verses what it was when the bill was signed? I’ll let you Google that one. If jobs were not created, what did that bill do?

      This Health care bill is a joke. As a person in the medical profession, I see no fix for Healthcare in this bill. I see a fix for an insurance problem that the government has created. Medicare is broke. Medicaid is broke. How do we expect the government to fix a system that the government has regulated into a “crisis”. Healthcare is not THE problem, payment for services rendered is THE problem that this bill attempts to control, regulate, and limit.

      Sorry, Mr Kevin. Keep the government out of my life. If I could put the Medicare deductions from my paycheck into a IRA, I could pay for my whole family’s healthcare without the government involvement.

    14. Kevin H, Glen Burnie says:

      Jeremy – Unemployment number since the signing of ARRA?

      Look at the numbers – it's very simple.

      How many jobs lost under last year of Bush administration? 700,000.

      How many jobs lost under worst month since recession start in Dec 2007? 741,000.

      How many jobs lost last month? 11,000.

      How can you say it hasn't worked?

      Every economist knows there is huge lag in unemployment number. Ask any economist at Heritage.

      Have you seen the GDP numbers? Have you seen the DOW (over 60% increase)? Have you seen the consumer confidence numbers?

    15. Pam French says:

      Very dirty little democratic politicians. No sense of convictions or law for that matter… In your face corrupt politics…. Just like Chicago mafia would'nt you say? Sick

    16. Lebo, florida says:

      Down the rocky road to Fascism we go.

      Time to get off the ride.

      Tax revolt now! It's the only shot we have.


    17. Bill, Kansas City, M says:

      DEMAND TERM LIMITS. Contact your senator and representative and kill Obamacare.

    18. A. Scott, El Paso, T says:

      If your congressman/woman fell into the "blue dog" group of either the house or senate, write to them to vote their heart by leaving the democratic party by either declaring themselfs independent or republican. The entire bill must be defeated and only these moderate congressmen/women will be the ones to do this. Then of course, they could just vote their hearts, the lives of their constituants as they were sent there to do anyway.

    19. dave, dayton says:

      Everyone knows this bill is not about health care reform. This is about government control of our very lives. All the language in this debacle is guarranted to make those who sit on their behind, and make the rest of us pay for their care, more dependant on government. Therefore, they will re-elect the ones who give them what they want. If we get rid of the fraud and waste in Medicare and Medicaid we could probably pay for all the "uninsured". If you don't work and pay into it, you don't benefit! If you are here illegally, you don't benefit! If you can't stay away from the hog trough at Golden Corral, you don't benefit! Time to take responsibility for you own PERSONAL actions. I have done so since I was 18, I'm now 67 and still working.

    20. Pingback: Must Know Headlines 12.24.2009 — ExposeTheMedia.com

    21. MrShorty, Arizona says:

      From a different perspective, the manner in which this bill has been passed is the best example of real problems we face here in America with the increasing role of government in our lives. An elected majority has shown that, due solely to their majority, can implement laws without any regard to the wishes of the people or the legitimate concerns voiced by the minority. It is said that power corrupts and absolute power corrupts absolutely. I believe this current health care bill that was passed is a perfect example of the quote. The wheeling and dealing in the final hours to “assure” votes demonstrates the much greater problem that I see. Our current structure of government is broken and needs to be fixed before any meaningful change can take place. This is not just a Democrat or Republican issue, it is an issue of power and the growth of a body that “controls”.

      The time has come for the American people to take back our government. We must elect representatives that will enact term limits and start the process of repealing the laws and regulations that are the source of the creation of special interest groups that lobby our representatives for actions that will protect their interests. It is my belief that these special interest groups are the main cause of the ever increasing growth of government to satisfy the needs of these groups. No longer are the needs of the electorate the primary focus of the politicians, but rather the needs of the groups that spend billions of dollars to influence the legislators in the Congress and the Executive branch.

      The elections in 2010 will be a defining event that will demonstrate the willingness of the American people to regain control of the government or whether the majority are satisfied with a government that will continue to grow in control over our daily lives.

      My Christmas wish is that all Americans will recognize their responsibility in our current representative democracy to vote. When only 60% of the registered voters turn out to exercise their right, I can easily see why elected officials do whatever their special interest groups what them to do and forget about the American people.

    22. Pris, RI newly unemp says:

      A lot has been said here as to how people feel on December 24, 2009.

      I have loved my country for 73 years.

      How healthcare is treated by Congress and Obama holds me spellbound every day on Fox News. This can only be described as evil and unamerican.

      Our constitution is in danger. Ours is the only government to have one for so long.It is our strength. READ it and FIGHT for it now.

    23. Larry Welch, Idaho says:

      Mr Spalding and Senator Demint have alerted us to an attempt to usurp power that lies wholly outside our nations mode of governance, in effect, a bold beginning of a coup. We see here an attack on the way we have governed ourselves for over two hundred years and we need to recognize the attack for what it is and the motivations that underlie it.

      The authors of this section of the Senate bill MUST be put on notice that their efforts will not succeed because the level of resistance will rise to whatever level is required to preserve and protect the Constitution of the United States. See "Freedom of Speech,TX" for amplification.

    24. Jerry, Alabama says:

      Through all the talk, debates and speculation, Lets put it to the ONE test that matters. IS IT CONSTITUTIONAL? Our forefathers were brilliant in the wording and context of that document. I believe it was Calvin Coolidge that as President FILTERED every decision thru the Constitution!!! DO NOT GIVE GOVERNMENT ANY MORE POWER THAN ENUMERATED IN OUR CONSTITUTION!!!!

    25. Joe, VA says:

      I'm so tired of this being called "Health Care" reform.

      This bill has nothing at all to do with health care, and never did. Did anyone read the article above?

      No one who believes in American freedom would support anything that has provisions that deny future changing of a law, or takes governing decisions out of the hands of Americans via elected officials and puts it in the hands of appointed bodies that don't have to answer to the people.

      This bill/movement is and always has been about rewriting the way our government works. Remember the "Fundamental Change" that was promised?

      This is complete takeover. Obama's already started moving in on gun control. Google "site :www.reuters.com UN Treaty gun".

      Anyone who thinks this isn't a war seriously needs to wake up. We're getting attacked from within, and the sickening part is we're being forced to fund our undoing.

      Every single conservative needs to grow a spine – ESPECIALLY those in office. Too many of us lose the small battles for freedom because of politeness, political correctness and tact.

      Do NOT support a third party. All that will do is ensure victory for the Democratic party. Support the Republican Party, but throw out the liberal and wishy-washy ones – and do it loudly and publicly. Think about it: Say there's a third conservative party. All the Dems would need is a little over 33% of the public opinion to win anything, as opposed to the 50%+ they need now, because there will always be Republican supporters. Very rough numbers, but you get the idea.

      Merry Christmas everyone.

    26. Freedom of Speech, T says:

      Kevin H, Glen Burnie MD,

      My Gosh Kevin, where have you been?

      I will answer a couple and let others respond to your misinformed statistics with REASONS.

      1. How many jobs lost under last year of Bush administration? 700,000. Answer: Who took over Congress in 2006 and writes legislation and controls spending? Answer: Do you remember the "housing crisis? When did the bad loans begin? Who was in office? What powerful people in Congress and Senate pushed for them continuously and put pressure on banks to loan?

      If you can answer these questions you will understand.

      2. How many jobs lost last month? 11,000.

      Answer: WHO said the stimulus packaged had to be passed RIGHT NOW and that the umemployment rate would not exceed 8%?

      Answer: Why hasn't most of the stimulus been spent? Answer: Why isn't small businesses who make up most of American's jobs getting stimulated? Answer: If 11,000 people lose health care coverage, could it be because they also lost their jobs?

      If you can answer these questions you will understand.

      By the way, President Bush NEVER had the power of the purse (Congress did). And, I did not see Kennedy and the left complain when Medicare Advantage was passed.

      Bush made some serious mistakes. They will pale by the time POTUS and Congress are done…

    27. John Roane Sarasota says:

      As the man said and is delivering on his promise, that this is the greatest nation in the world and we can change it. Its over, now genuflect and say Amen. We will tell what you can do and when.

      Your Government

    28. Larry Welch, Idaho says:

      To Kevin H.

      Reading your comments, one searches in vain for reference to what is constitutional and what is not; the subject of Mr Spalding's article. Your comments reek with zeal to control our nation's course, without regard for the way control is achieved. In short, your comments reflect perfectly the frame of mind of the "representatives" who voted to pass the bill, "representatives" who swore to uphold the constitution, "representatives" who, in their own words do not take the constitution seriously.

      Kevin, the American people take the Constitution of The United States very seriously indeed … as you will soon learn.

    29. Rob D. ID says:




    30. BigJoe, TN says:

      At what point are the American people going to wake up and see what is happening to our America? These socialist, radical democrats are on a deliberate course to destroy the constitution and everything that America stands for. WAKE UP AMERICA.

    31. Jeanne Stotler, Wood says:

      Put the blame where it belongs, Democrats have controlled Congress for the last three years, Pelosi has been Speaker this long. A President can only veto what Congress does and then that Veto can be over riden. This group got Obama in, like they did with Carter, to be their fall guy, while they took over to control OUR LIVES and every factor of them, and Obama is going along with it. This man has never even run a lemonade stand, he can read a telepromter and he likes to see himself on TV and loves being able to go all over the world in AF-1, he's a joke and the world is laughing at us. I still maintain ALL people elected to either house should be required to read the Constitution, sign an affadavit to that fact, the same should be required of every bill PRIOR to every vote. This bill is unconstitutional WE THE PEOPLE need a good Lawyer ASAP to stop this from going any furthur.

    32. Bobbie Jay says:

      Good one, Freedom of Speech. The indoctrinated tend to forget, or may not know the technicalities.

    33. Henry Massingale , B says:

      I have weighed this issue Health Care Bill vs. Constitution, and if a Political Party Gains control over a people because if the Health Care Tax Dollars, then it is laws with out moral value.

      You see when tobacco companies became under fire the laws were based on a moral value because of the issues within.

      The moral building blocks from Bill to Law is not supported because these Laws are for increase taxes and force pay against the people and a increase tax forum in a wide coverage stated to be in the best interest of the Country.


      So this is Health Care Reform at its best, please allow me to share a concept that will open your mind in a way never thought of for a United Forum Concept. At first I stood alone and I wrote my first blog and little did I know that thousands of people and companies stood by it,

      I have waited to see the issues of tax increase and health care, something that may be wrote by President Obama,

      You see a lot of what I write, is in fact that, I do not seek Political support because I do not belong to any party. As for President Obama and theses 60 people that hold seat of Government who wish to build 1900 page of law to Govern this system because of this Health Care dollar. I watch them stumble about without a clue of how to fix this failed system. To see into this failure, you must allow this system to be seen as a forum for dollars of taxes created as a constant as a yearly figure. This prediction of dollar for the future, is in fact what I call Artificial Intelligence built on the hope that taxes will stay a constant figure.

      To state it simple if Health Care Insurance Companies Unite and hand over this issue then the Officials of Government then they will have have no choice but to turn their eye to the companies of medication and medical supplies and hospitals and Doctors who charge cost that is the cause and effect of this failure within this system.

      This Health Care Forum we offer is built on a moral value, a strategic forum to place issues to work ,that offers freedom to be a part of it or not. This force pay against companies, force pay against VETS, and so on shows the lack of a moral building block within this Health Care Reform.

      What we offer is that, will, Lets use the AARP Health Care Insurance Company, and lets say that they have 30 million members. To show that this company can earn $150 million dollars per month and be released from the burden of medical cost, by what we wish to show as health care tax forum and a freedom of choice for a pay in to a forum to a Insurance Company for people who do not trust this system within The United States Government. A tax forum forces the Government system to work for the people and at the same time forces Government Officials to work for the people within this forum.

      To reach out to a company and sit down with them to build something never attempted in order to rebuild lives and the National Security of The United States as a moral building block without laws to Govern, but to protect this system from crime is what a moral law use to stand for.

      To show a $100 trillion dollar strategic building block by companies of freewill that step forward to help rebuild America. To build the most powerful anti war / crime forum ever conceived by such as I a nobody that only seek to only go back to work as a painter and rebuild his little company dream.

      As stated at first I stood alone against so many and I have found the uniting of people of different faith that seeks the same as I do. What makes FASC Concepts different, we do not ask for money and we opened a door for people to put their faith into themselves as a person and not what we say, to build on this and protect it under the concepts of law such as the Patriot Act. {A Moral Concept}

      There is a day coming that Officials of Government will see that the Laws built against God and Country was the first steps of the United States Of America headed for failure because it lacks moral value. This is what our enemies see, a Country of Laws that should of never been created by few against so many people of the USA.

      Is it so hard to see a concept for a Health Care Stimulus Package that builds jobs and life within a anti / crime forum ? If you would like to see how deep this issue is and a small part of what we offer, drop by……………

      Henry Massingale

      FASC Concepts in and for Pay It Forward

      found on google.com. And yahoo look for page 1 american dream offical site.

    34. Henry Massingale, Pa says:

      We have placed the views of 173 million people un one web site. people seek the truth. what people seek is a forum in and for the needs of the people,first…

      I am sorry I just have to share this again and I have posted this on page 76 at our site right next to the what the other side states is correct, in oour search to find the truth….but now my little memo/

      Praying For Dollars,

      Paying Christians Health Care Dollars.

      ahhh, well for give me but first before I address this,

      I wish to say thank you to President Obama and the Obama Administration for being the first Government Officials that have created the first Anomaly, in all of U.S. History. Has this Health Care issues reached desperate measures by Government Officials offering money to Christians to pray for the sick, welllll.

      I see what this is, but I must share the truth, it is a 21st. Century Of Caging. The same {two step shuffle} used to gain political support in a issue that has lost its value.

      This anomaly has grown beyond your control Mr. Obama, as over 173 million American People see for the first time the truth and lies , the good and bad within this Bill to Law. Thousands of Companies seek to move out of the U.S.A., or just close up shop, people are Boycotting this Bill to Law.

      Yea, it would be safe to say that 173 million people are just shaking their heads. As a father would when his child has done something stupid.

      President Obama stated that he has got a lot of letters from people who are sick and as of yet he has not seen what is within the hearts of the American People. You already have a Medicare or Medicate tax forum in place, but according to insurance companies it is to base payments according to where you live. To stand with the people to build a Health Care Forum within our Government is a concept of freedom of choice. To bring companies into the forum to Rebuild America,is to say that the people will not allow any company to faultier, that stands with the people, to build the most powerful Health Care Reform ever seen.. And all Government Officials had to do is ask and millions of people would step forward.

      As the news of a Boycott grows it only widens the size of this anomaly. But no ! You all are still running around like the chickens after a little bug. Well….I did warn you that I have this little Health Care Bug in my hands.

      As the last 27 pages are posted at our site, people will see all the issues under one web site, as stated before, the good the bad and the ugly…..the last pages from page 49 to 100 will place 173 million people and their views as one voice. I did state that I would do this and I Know that I put a smile on Government Officials face, so allow me to show you how i did it, I used the Artificial Intelligence of the Internet. To build a Health Care Forum by the People in or Against the Bill.

      Out of all of the Government Officials only one opened a blogged at

      The American Spectator . This company posted http://www.fascmovement.mysite.com on the net and Congressman Ryan dropped off his little blog.

      But anyway, what we are dealing with is that some Officials think that because I lack the ability to stand before them as a Kindred Intellect that what I write does not hold truth, well, thats ok, All Good Things Come To Those Who Wait. And I assure you that this anomaly is not going away any time soon. But I do offer my congratulations again to the Obama Administration and theses Law Makers In And for The People Of The United States Of America.

      Henry Massingale

      FASC Concepts in and for Pay It Forward

      do a search on google or yahoo and dont forget to click repeat search link to see the web interfacing at work.

    35. Henry Massingale, Pa says:

      This story is one of thousands of people who have been dumped on by Insurance Companies. So One day on a blog site i asked the big why… Why force pay into a failed system of Insurance Companies and at the same time tax that all ready burden system ? It is because of a dirty little secret. This health care system is a $100 trillion dollar bread maker per year, and the tax lie was the secret of the 10% per cent tax across the board, so where does this secret tax money go ?….,….

      When I try to get the Laws of this system, it is denied to me as if I lack the ability to read. Maybe my 10th grade edg. is not enough, so I allow for my little gift to guide me because I am dyslectic…….

      Wow, It was stated that Health care is not a moral issue,hmmmm

      Please allow me to share a little story with you. As I watched my mom die from cancer, and Health care Insurance Companies dumped on her as if she was no more than a dog dieing on the side of the road, i dropped from and out of this system for over 30 years, and now because of system failure, the IT, has come into my life. As I watch Government Officials fight over this Health care Dollar, it reminds me of a bright sunny day in Tennessee while on a friends farm and a little bug flew in to the ground, and the chickens went plum off, boy oh boy the scawking and the feathers went shy high, so I reached down and I took this scared little Health Care Bug from Government Officials, and I have it safely in my hands. As I searched for a way to help, I asked God to help me build a Reform that is of a moral building block for the better good of man kind and to rebuild the National Security of the United states Of America. And you would never guess what God has allowed me to see. This little blog statement you will find true,


      I wish to give a great big thank you to all my new friends on the Internet for posting FASC Concepts in and for Pay It Forward.

      This building block for a honest Health Care Reform has been a great experience and for any one who did not take part, you have truly missed out on what makes Americans Great. This diversity created by Government Officials has failed and now the eyes of 173 million American People watch as now, for the first time Government Officials sit down together as it should be. The out come is yet to be seen. But they know that a anomaly has been created and it is because of the restructuring of The Constitution, The Bill Of Rights, and The Declaration Of Independence, “has been used in it original created forum” as a factor of a peoples right to undo the amendments of Laws that protected Health Care Companies against the People, over a dollar.

      And I wish to say i write what is needed in order that some how I can undo all the wrong I have done in hopes that the slate will be wiped clean….

      Just because our children do not understand I wish to share this again,

      “For days I worked the word diversity in my mind and it came to me that because of this it is not Americas weakness it is our greatest strength. And this is how I will show you.


      Bill Of Rights -

      The Declaration of Independence-

      United under one forum, builds what is called the Trinity of the Protection Of Laws. This is because these Laws were built by people of faith who gave thanks to God for this wisdom. One would have to see and admire the simplicity of the three as one and at the same time they maintain their independence.”

      On page 100 at our site is the early stages of what is called A Prime Directive for Health Care, so please drop on by and see 173 million peoples views in and for Health Care. And it should be known that this information on page 100 is true and documented in Law and History.

      Henry Massingale

      FASC Concepts in and for Pay It Forward
      http://www.fascmovement.mysite.com on google look for page 1 American dream official site.

    36. John Wallace, Chatha says:


      There was a time when I wouldn't believe that members of congress would be so out of touch with the American people that they would have to resort to underhanded tactics to thwart the will of the people.

      Well, Nancy Pelosi, the Speaker of the House of Representatives, is thinking of doing just that. Representative Louise Slaughter (D-NY) came up with what is now known as the “Slaughter Solution” or "Deem and Pass" that will let the House of Representatives deem the Senate Health Bill as passed in the House without any representative voting on it. Once they use this outrageous procedure, the house leadership can then have additional language inserted into the bill that will satisfy those House Democrats who oppose the bill in its original form.

      Meanwhile, in order for Senate Democrats to be able to use the Reconciliation procedure – a procedure that circumvents the 60 votes needed to overcome a filibuster – the House must pass the Senate Bill 'as is', with the exact same wording, before changes can be made. However, the Democratic leadership in the House doesn't have enough votes to do that and one of the biggest reasons is that the Senate Bill has a provision that allows for taxpayer funded abortions.

      I believe that the Slaughter Solution is not only dishonest and smacks of dirty tricks, but I also believe that it is unconstitutional as is most of the legislation that congress has passed in recent years. Article I, Section VII, Clause II of the U.S. Constitution clearly states: "…the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively…" This newly invented "Slaughter Solution" clearly does not allow this type of procedure.

      The Democratic leadership in the Senate has tried to assure the Democratic leadership in the House that if the House simply passes the bill as it is, the Senate will make changes amenable to the House after the fact. Pro-life House members, led by Bart Stupak (D-MI) are balking at this assurance and pointed to the hundreds of House bills that are currently still wallowing in the Senate. He also wants to see the changes in writing as he doesn't trust his own party's leaders.

      If the Democratic leaderhip in the Senate imposes the 'Reconciliation Rule' to pass this bill, unfortunately for them, that alone will not be enough to get the bill passed. The reconciliation procedure, also known as the 'Byrd Rule' named after Senator Robert Byrd, is already extremely controversial. Senator Byrd is on the record in Congress saying his rule was “Never intended” to pass this kind of legislation, so the House leadership appears ready to adopt the Slaughter Solution instead. If the Slaughter Solution is instituted, the House of Representatives will actually pass the almost $875 billion bill without the members of the House actually voting on it. This is outrageous and smacks of something we would expect from the Russian politburo or a marxist distatorship.

      Although the "Slaughter Solution" or the "deem and pass" rule has been used in the past, it has never been used to pass legislation as momentous as the $875 billion health-care bill. It is one of three options that Nancy Pelosi said she is considering for a House vote, but she added that she prefers this method because it would politically protect lawmakers who are reluctant to publicly support the measure. What an outrageous statement, particulalrly in view of constitutional requirements of Article I, Section VII, Clause II previously mentioned in this article.

      There is also a 1998 Supreme Court ruling, CLINTON v. CITY OF NEW YORK (97-1374), that said each house of Congress must approve the exact same text of a bill before it can become law. A self-executing "deem and pass" rule would sidestep that requirement, former federal appellate judge Michael McConnell said in a recent Wall Street Journal op-ed and it would be unconstitutional.

      The American people have overwhelmingly rejected this bill, but the President and the Democrat leaders in both houses of congress seem intent on using misinformation, lies, deceit, bribery and any other questionable and unconstitutional procedure to ram this socialist legislation down the throats of the American people without a public discussion of the merits. Why?

      We are fast approaching a point of no return in America. If our Marxist President and the Democratic-Socialist leadership in congress are successful in passing this Health Bill, they will be emboldened to pass other critical legislation on their agenda to bring a free America to its knees. If the Health Bill is passed, they will quickly move to pass an all-encompassing Amnesty Bill, followed by a massive Cap and Trade Bill, a National biometric ID Card Bill and then the takeover of America will be almost complete. All that will be left is for them to come for our guns.

      Let us remember that at critical points in human history, only a few generations have been given the honor and privlege of defending 'Freedom' in its maximum hour of danger.

      In 1776, our founders' generation were given the honor and privlege of defending 'Freedom' in its maximum hour of danger, which resulted in the birth of this great nation that is still a beacon of hope to the freedom loving people of the world.

      The generations of World War I and World War II were also given the honor and privlege of defending 'Freedom' in its maximun house of danger.

      Today in America, we again find ourselves in a critical point in history, for 'Freedom' once again is in mortal danger, just as it was in 1776 and in WWI and WWII. Our generation is facing a different kind of mortal danger to our "Freedom' because that danger is not coming from some foreign country, king, dictator or enemy combatants, but it is coming from our own federal government.

      Our Founders told us that “Governments get their just powers from the consent of the governed and whenever the government becomes destructive of these ends, it is not only the people's Right, but it is their sacred Duty to change the government. “

      In 2010, we are now the generation that has been given the honor and privlege of defending 'Freedom' in its maximum hour of danger and this is our time to perform that sacred duty. We must stand up, speak up and be willing to actively resist the growing unconstitutional actions of the our federal government that puts the interests of government leaders and the oligarchy ahead of the interests of the people. By definition, this is tryanny.

      Let us act before it's too late, not just for ourselves, but for our children and our children's children. I pray to God that we will be successful, for the free people of the world are depending on us.


      John Wallace

    37. B Shenfield, Seattle says:

      This was approach did not seem a commie takeover to you when Mit Romney did it:

    38. KT, IA says:

      This is all insane! Just go with our Constitution! Let people make it through life on their own. As this is suppose to be an independent/free country. Our founding fathers are turning over in their graves at this moment, I can assure you that. The nasties will get theirs in the end ;)

    39. Kevin T says:

      Kevin H,

      How can we say it hasn't worked?

      Because in spite of the numbers you post, the big picture is well over 8 million jobless people right now.

      Do you think those jobless people care about how many fewer lost their job this than last?

      Do you think they care about how much the market has grown?

      Really Kevin, Obamacare does nothing to help jobs, except government jobs of course.

      The only relevant issue to free thinking people is whether or not the COTUS really does grant the Federal Government the power to do just about anything it wants, to anybody it wants under the guise of 'Interstate Commerce' or the 'general welfare'….I think it doesn't. Apprantly you do[?]

    40. Ron Light, Kingsport says:

      This just shows that the current administration is establishing a totalitarian type of government that will evenually lead to a dictatorship. This failure to follow the rule of law of the US Constitution is an impeachable offence, period.

    41. Pingback: Another Victory on the Road to Repeal | Fix Health Care Policy

    42. Pingback: Repealing the IPAB;Was DeMint right, Will Dems block due to language in law? « The Greenroom

    Comments are subject to approval and moderation. We remind everyone that The Heritage Foundation promotes a civil society where ideas and debate flourish. Please be respectful of each other and the subjects of any criticism. While we may not always agree on policy, we should all agree that being appropriately informed is everyone's intention visiting this site. Profanity, lewdness, personal attacks, and other forms of incivility will not be tolerated. Please keep your thoughts brief and avoid ALL CAPS. While we respect your first amendment rights, we are obligated to our readers to maintain these standards. Thanks for joining the conversation.

    Big Government Is NOT the Answer

    Your tax dollars are being spent on programs that we really don't need.

    I Agree I Disagree ×

    Get Heritage In Your Inbox — FREE!

    Heritage Foundation e-mails keep you updated on the ongoing policy battles in Washington and around the country.