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  • The Constitution: Another Victim of Obamacare

    Reports yesterday indicated that the Senate Parliamentarian “ruled” that the President must sign the Senate passed version of Obamacare before the Senate can act on a reconciliation measure. This ruling would have blown up plans in the House to use a very complicated procedure to pass both a Senate passed health care reform bill and a reconciliation measure to make change to the bill all at once. This scenario would have allowed the House to avoid a vote on the Senate passed Obamacare bill and they could have avoided the filibuster rule in the Senate (see Health Care Nuclear Option). The liberals are intent on passing Obamacare at any cost.

    Reports have come out today that the Parliamentarian has not ruled that the President must sign a law before it is considered a law for reconciliation purposes. First, they came up with a strategy to get Obamacare passed in the House without the House ever voting on the bill, now they have come up with a strategy and a ruling to get the Obamacare bill to qualify as law without the President signing the law. President Obama, Speaker Pelosi, and Majority Leader Reid should not support efforts to violate the clear words of the Constitution to pass Obamacare.

    The Constitution says that:

    Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law.

    Just to restate a shocking development in the Obamacare debate; Congressional leaders have found a way to ignore the Constitutional requirement that a law be signed by the President before it is considered a law. Outrage is not a strong enough word for the feelings many American’s have toward elites in Washington, D.C. who will do anything to pass Obamacare.

    According to Politico:

    Senate Republicans caused a major stir Thursday when they told reporters that the parliamentarian had informed them that the Senate bill needed to be signed into law before lawmakers took up a sidecar bill to fix it. And Senate Budget Committee Chairman Kent Conrad (D-N.D.) told his Democratic colleagues during a caucus meeting Thursday that he had heard the same thing.

    That was yesterday and today is very different. Now the Parliamentarian is backing away from that ruling according to unnamed sources:

    But according to reporting by POLITICO’s David Rogers, the accounts aren’t accurate and misconstrue what the Senate parliamentarians have said. That is that reconciliation must amend law but this could be done without the Senate bill being enacted first. “It is wholly possible to create law and qualify law before the law is on the books,” said one person familiar with situation.

    A law is not a law until it is signed by the President according to the United States Constitution. You can’t create “law and qualify law before the law is on the books.” The great irony is that there are no “books” other than the U.S. Code which is a compilation of laws. The moment the President signs a bill, it becomes law. This is true legislative activism to claim that reconciliation can amend a law that is not a law.

    More from Politico:

    For example, if the big bill itself amends some Social Security statute, reconciliation could be written to do the same –with changes sought by the House. Then if reconciliation is passed and signed by President Barack Obama after he signs the larger bill, the changes made in reconciliation would prevail.

    This jives with what Pulse sources were saying soon after the first wave of stories hit – in essence, don’t take the reported parliamentarian’s declaration to the bank.

    According to this scenario, if the President promises to sign reconciliation after he signs the bill, then the Constitution does not matter. A law is defined as a bill promised to be signed into law by the President. But this conflicts with the left’s the strategy to pass Obamacare:

    Speaker of the House Nancy Pelosi (D-CA) and other House leaders have come up with a plan to package the Senate passed ObamaCare bill and the House reconciliation measure into one package. The House rules committee will report out a rule that will allow the Senate passed ObamaCare bill to pass the House without a vote. The rule will be self-executing in the sense that the House will have been deemed to pass the Senate ObamaCare bill if the House can muster the votes to pass the reconciliation measure. Now the House has used this unethical procedure in the past during a debate on funding the Global War on Terror and in passing debt limit increases under the “Gephardt Rule.”

    This is a true outrage and we as a nation should not tolerate such strong arm tactic to pass legislation in an unconstitutional manner.

    Posted in Obamacare [slideshow_deploy]

    81 Responses to The Constitution: Another Victim of Obamacare

    1. Vladtheimp, MI says:

      Another fundamental constitutional requirement is that

      "All bills for raising revenue shall originate in the House of Representatives;

      but the Senate may propose or concur with amendments as on other Bills." Art. I, Sec. 7, Cl. 1.

      The Senate Obamacare bill raises taxes significantly. It is a very different bill than that passed by the House. I don't see how a revenue enhancing bill can come from the Senate, be passed by the House, and be considered to have originated in the House. If it has to go back to the Senate, it is either dead or eviscerated – not only is there nowScott Brown, but a whole lot of Senators would have to swallow the Louisiana Purchase, the Cornhuskers Compromise,

      and the Florida Fleecing all over again – in the open.

      If the suggested process if followed, I hope and a lawsuit based on a constitutional challenge would immediately be filed and the

      process delayed until a Supreme Court ruling was obtained (or until after the next election). I would request the court to order that no part of the

      suspect legislation be implemented until a Supreme Court judgment is obtained. In short, I would do everything to ensure that the wimps

      in Congess not have to be depended upon to undo what Obama, Reid and Pelosi have wrought.

    2. Dee, Orlando says:

      Is this not treason? Or at the very least, wouldn't Obama be acting as a Dictator and not as a President?

      Every American should read this article!

      Thank you for this wonderful and important article!

    3. John Atwood says:

      The Constitution is being further violated by the Health Bill's complete takeover of a State perogative as protected and guaranteed by the Tenth Amendment. Health care is not an enumerated power in Art. One, Sec. 8 and has been dealt with by the States just as each State controls real property rights.

    4. Nelson Brown Ogden U says:

      Anytime you have to resort to this type of a gimmick, it cannot be constitutional

    5. Space, Bisbee, Az says:

      Bring Pelosi and Reid up on Treason charges, for what they are doing is contrary to the oath they took when they were elected. If violation of any part of the Constitution is illegal, why aren't these two in jail? Me thinks California and Nevada need to rethink their politics and get these two Clowns out of office. If the voters refuse, boycott both states!!

    6. Sheri says:

      I am really starting to wonder if anything short of an armed revolt will stop the abuses of this power hungry government. If they can get away with passing a bill without a vote, is there anything they won't do?

    7. J.C. Hughes, Texas says:

      Law making technicalities aside, Reid and Pelosi have not only violated their oath by betraying the U.S. Constitution but have also trampled upon the trust of the American people. All this for political expediency? As their puppet president says, it's time for "CHANGE". Let's fire them both this November. They well deserve it!

    8. J.C. Hughes, Texas says:

      Well said John Atwood. You're on the same page with James Madison's essay about limitations on government as stated in Federalist # 45. Domestic matters like healthcare belong to the individual states. The federal government is limited to external affairs such as defense and foreign policy.

    9. Julie, Ohio says:

      Our nation is being destroyed by elected tyrants. We have the clear Constitutional right to overthrow a government that becomes tyrannical, but the question is how? Providing our judges abide by the law of the land, this healthcare bill won't stand, but these elitists are an unrestrained and determined lot. Our fight is a big one. We just can't quit!

    10. Chris, BV Colorado says:

      If this Health Care bill passes, I foresee a new Sons of Liberty secret society initiated to oppose Health Care. The Sons of Liberty opposed the Stamp Act, and look what happened! The French citizens stormed the Bastille, and look what happened! I predict this could be a long, HOT summer!

    11. towerclimber says:

      I'm not saying anything. We, as a nation have told congress, through town halls, through polls, through emails…we've done everything possible to tell these people..The MAJORITY of the country doesn't want this bill!

      Start over. Do it right.

      If they attempt this farce, I am going to notify my state government as well as my congressional leaders that I will NOT comply with this farce and should they use force to attempt to make me comply, I will respond in kind.

      I will NOT be fined for not buying their health care, If the IRS decides to do that they'll have a LOT more than a plane to contend with. I will not be incarcerated. I figure I can get at least 4 of them before the kill me. IF I manage to live? Pelosi and Reid better flee the country because I'll come after them come hell or high water.

      If they want to back up and follow the CONSTITUTION, and pass a bill? I'll abide by that with no qualms.

      They've gone beyond health care with this charade.

    12. Matt O says:

      Should Pelosi actually ram the Senate's bill through by "Deeming it to have been passed" without actually bringing it to a vote, she will have effectively de-legitimized the House of Representatives. If President Obama signs such legislation into law, it effectively de-legitimizes the entire government.

      Once this happens, it spells the end of the Republic. We about to be ruled over by a Tyranny of Oligarchs instead of having elected representatives who represent us. There is probably nothing that can be done other than an armed revolt that will depose these despots once they have succeeded in their illegitimate take over of our republic.

      Long live the Republic.

    13. Sean, TN says:

      Foward this to:

      Beck

      Limbaugh

      Hannity

      O'Reilly

      Local talk radio

      ETC

      We need to make this point as CLEAR as possible from as many mouths as possible to reach as many ears as possible.

      I've been saying this whole process completely by-passes the Constitution for over a year.

      SPREAD THIS PLEASE

    14. Hester Bestertester says:

      All of you are a bunch of hypocrites. You said NOTHING when Bush & his cronies imposed the Patriot Act upon us, which was truly a treasonous act, nor did you object when he wasted $3 trillion on an unnecessary war.

      If you're so opposed to healthcare for all, then demand an end to Medicare and Medicaid, too. Let's see how much the American people will agree to THAT.

    15. Joe, Anytown says:

      WOW! You have completely unsubstantiated evidence of any of your disgustingly partisan points! Good work. Your out of context quotes do nothing to forward your abhorrent agenda. I hope you sleep well, hatemonger.

      and P.S. You are a fucking idiot.

    16. Pingback: Constitution Be Damned - ObamaCare Vote Next Week | RedState

    17. David, Las Vegas says:

      The rubber stamp mentality of Congress must be curtailed, and before the November elections. The Obama/Reid/Pelosi troika is doing everything possible to move our country so far off the American value proposition that only the Supreme Court can reverse the course. By recent comments in the media, I suspect the Court may just be in the mood to do that. If Congress resorts to chicanery to pass this Health (Insurance) Reform, I agree that the states must file suit against this travesty. I live in Nevada, and you bet I will vote to get rid of “Dirty Harry”! Wake up California: Dump Pelosi!

    18. Kevin Smith says:

      We should march on Washington now! We need 10 million Americans to fill the Capital and not let anything at all pass these corrupt Houses of Congress. No weapons, just citizens demanding these people resign. We go in, sit down and give them 30 days to get it straight or the ropes come out.

    19. Don l CT says:

      Parlimentarian? Surely you jest -the correct word is pollitcial hack;definition; one who is without soul or conscience in dealing with developing power over the people.

      Older definition : a stooge for a dictator.

    20. tobi says:

      One glaring omission to this article is that the work of the parlimentarian can be overruled by the VP (the president of the Senate). It is intellectually dishonest to not include the fact that the VP overruling the parlimentarian on even valid "rule breaking" is established precidence.

      Your article would have rang a lot truer if you had included that.

      As it is now it seems like republican sour grapes over the Dems doing the same thing the republicans did numerous times in the bush era…you have merely cloaked it in faux outrage over constitutional violations.

      Sad really, because I was really willing to go along with it. I think Obama has followed the steps of Bush on a number of things and the obama administration has covered the tracks of the Bush administration preventing precident setting ruling on war crimes and other areas that would have brought our government back into line with the kind of behavior most Americans expect, but this is a nothing issue.

    21. Julia Traverse City, says:

      it time for the Impeachment of Obama, pelosi and Reid. Thank You. jlgphrt50@yahoo.com

    22. Julia Traverse City, says:

      Time for the Impeachment on Obama, Pelosi and Reid . Thank You. jlgphrt50@yahoo.com

    23. Julia Traverse City, says:

      TIME FOR THE IMPEACHMENT OF OBAMA, PELOSI AND REID. THANK YOU

    24. Michael, Park Ridge, says:

      I am sickened by this Congress. I am prepared, like our brother Mark Levin, to simply not comply with this "law" if passed in this unconstitutional manner.

      Also, a minor editorial note:

      "This jives with what Pulse sources were saying soon after the first wave of stories hit"

      I believe the author meant to write "jibes."

    25. Christle, Texas says:

      We the Patients have been excluded from the negotiations on health care. I sent the following Open Letter to Congress, to the Majority and Minority Leaders in both houses. I since have drafted what I am calling the People's Health Care Bill. You can find the People's Health Care Bill on the facebook fan page if you'd like to learn more: http://www.facebook.com/pages/We-The-Patients-Peo

      We are as grass roots as we can get but we're growing and we need someone to champion this for us. Please read the following open letter to congress and if you agree, come to our fan page on facebook and become a fan. Thanks for reading:

      Dear Congress,

      I am contacting your offices because I am a citizen of these United States and am appalled by what is happening in congress and this whole health care debate. I may not be a constituent of your state, however the whole of Congress is about to vote on something that directly affects me, my family and my business so I will not sit quietly and let you railroad us into submission.

      First off, we the patients have been left out of the negotiation. All I've seen are meetings with doctors, lawyers, insurance company’s, pharmaceutical company’s, union bosses, and politicians who will not be affected by this disaster because you’ve voted yourselves lifetime premium medical coverage that is not accessible to the rest of us 300 million citizens. Glaringly absent from the negotiation are any private individuals? Why is that?

      This health care policy being proposed does nothing to get at the root of the problem; which is the cost of health care nor does it do anything to reduce insurance premiums. I have some suggestions on a much simpler approach as a place to start a reasoned debate.

      To start off, congress should pass legislation to prohibit the "pre-existing" conditions denial of insurance and return insurance to its original intent which is a hedge against loss in a catastrophic event or illness. Has everyone forgotten what insurance is? It was never designed to be a care provider just as homeowners insurance wasn't designed to be a maintenance provider if your stove breaks or plumbing backs up. I mean, you don't expect your car insurance provider to pay for your oil changes or a/c repair so why does everyone expect your personal health maintenance to be covered under "insurance"? We need insurance companies to think outside the box on how risk is pooled. Risk pools are arbitrary and need to be completely open in order to spread risk. Instead of mandating everyone must buy coverage, they should mandate that insurers must cover everyone.

      Again, Insurance does not provide medical care they are a useful tool in preventing financial ruin in a medical emergency. So ordinary medical care i.e. doctor visits, check ups, immunizations, physicals, etc. should be paid out of pocket and insurance is there to cover the big stuff like cancer, heart attack, major injury, etc. If insurance companies are not responsible for every medical bill then they will lower their premiums and when individuals pay less in premiums it frees up more money to pay for regular medical care. Insurers could offer discounts or incentives off of premiums for those who are doing the right things like getting regular checkups, not smoking, exercising, etc. Kind of like a car warranty wants to see you've kept up with your maintenance so it should be with insurance to be eligible for discounts off premiums.

      Our current 3rd party payer system is the root of the problem of why costs are so high. During a recent little ER adventure I found there was not one doctor, nurse, orderly, secretary anyone who could tell me how much anything would cost from a blood draw to a CT scan. Why? Because, “the insurance company get’s the bill”. The problem is, I have a huge deductible that I pay and have no input on what I am willing to pay for or not. I have been left out of negotiation on the “negotiated rates”. How long would your business fare in the marketplace if you did not disclose your price for your goods/services prior to purchase? When you make a purchase of let’s say, a TV; would you buy it if you didn’t know the price?

      Do away with “negotiated rates”. Care providers should have to charge the same rate whether they are paid by an individual, insurance or government. Should the store be able to charge more or the same loaf of bread if you pay with a gift card rather than cash? Or, can a gas station charge more at the pump if you pay with a company credit card rather than out of your own pocket? In some industries this might be referred to as collusion and is illegal. And, if I’m not mistaken there are 31 States with Anti-Price gouging laws to during an emergency, why are these laws not applicable in a medical emergency? Why do we accept this from health care providers?

      Congress should pass legislation that all medical services costs must be disclosed at the time of service, similar to having to post the ingredients of the food we eat. Food is necessary for our survival just as medical care is. If medical care providers have to disclose their prices and consumers are responsible to pay for their own care watch how quickly care costs come down. Look at cosmetic or Lasik surgery and veterinary medicine. Insurance doesn't cover it so providers must find a way to compete for your business and they do this by either lowering cost or increasing services.

      All insurance should be sold individually and not provided through employers. This way, if you lose your job you don't lose your insurance. If an employer wants to pay an amount toward your premium as a part of a benefits package, that's between you and them and not mandatory. If you lose your job, you simply lose that employers contribution toward your premium but your next employer may pick it up as part of their benefit's package again, that's negotiated between you an that employer. This also eliminates arbitrary risk pools. If all insurance is sold individually, as is all other forms of insurance, then the pool is much larger and risk spread more evenly.

      Personally I think the government should not have anything to do with health care for anyone. I really wish that a politician would stand up and propose a plan to END Medicare and Medicaid. These are unsustainable entitlements that hinder fairness and competition and fleece taxpayers out of their earnings for something they will not benefit from. I say do the hard thing now!

      For seniors who are currently using the system, they should continue to receive these services because they have paid into this system on the promise of receiving benefits. To reduce or remove it from them now is theft and Americans are NOT promise breakers who go back on their word. The argument that seniors like their Medicare and Medicare is "socialized" is not accurate. Seniors expect to receive benefits from a system that they have been paying into with their taxes since it's inception, why would they not want to receive the benefits they were promised, however Medicare is far more notorious for denying coverage than private insurers and so seniors are not getting the coverage they were promised. Seniors don't like Medicare, they just trusted that the government would live up to their promise and they now have no other alternative. But we need a plan to phase out Medicare and Medicaid over a period of time so that we have something better in place by the time the next generation of seniors arrive; Something that better reflects The United States of America not The United Socialist States of America. We are NOT a socialist nation and that has served us well for some 230 years. Why fix what ain't broken?

      Since you can probably tell by now, I’d like you to scrap these bills and start over but in any new bill I’d like it clear that absolutely NO Abortions will be paid for with tax payer dollars. The Bill of Rights – Amendment I – states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…..” One of the ways I “freely exercise” my religion is to not kill babies, If this is true then congress canNOT pass any law forcing me to subsidize with my taxes something that violates my free exercise of my religion, which is to not kill babies.

      None of the proposals coming out of Washington now are addressing any of this. You are all just all bickering back and forth and accomplish nothing except spending more money and securing more power for you. This much change!

      Please do not forget that you are supposed to be representing us and advocating on our behalf not inflicting mandates, oppressive regulations and ever increasing taxes and disregarding the voice of the people. Currently, by all polls you clearly do not have the consent of the governed. If you value your oath and your job you should tread lightly. It’s too easy to find out who votes yes for this and I assure you We ARE Watching and will remove you post haste from your office if you do not uphold the office you were elected to.

      Sincerely,

      Christle Miersma

      USA

    26. nick USA says:

      but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law.

      The above, taken from the article, clearly illustrates that a law can become a law WITHOUT being signed by the President.

    27. Mark Noneman, Oregon says:

      Although it took him two tries, Obama vowed to "protect and defend" the Constitution. When does this type of behavior become "high crimes and misdemeanors"?

    28. KaratKoaMom, Georgia says:

      This is a tragedy!!! How in the world do they think that what they are doing is legal? There was an excellent article posted on forbes.com that points to why it is happening now. The Dems have been planning this for a long, long time, possibly since Woodrow Wilson's era and the takeover of education.

      I too believe that Obama, Reid, and Pelosi should be held accountable for their actions – treason, crimes against this country that lead to its destruction.

      I also believe that states should seriously consider secession as is its right. And this would truly be over Constitutional issues. I will move to whatever state should do so for what the Fed Gov't is doing right now is absolutely unconstitutional. The Dems are acting like spoiled little kids who can't get their way so will do anything to beg or steal it…

      Armed revolt – also guaranteed in our founding documents – may indeed be the only option they give WE THE PEOPLE – the ones who really "own" this country.

    29. Handy Andy - Tenness says:

      It looks like they will use any method possible to thwart the will of the public.

    30. Sherry Taylor Schler says:

      I'm stunned, I can't believe that they might get away with this. Surely, there are Democrats out there who can see that this isn't right. This goes beyond arrogance (Pelosi) this is blasphemous.

    31. Pingback: Da Reihl: Impeach Obama « Random Neural Synapses

    32. Karen in Tennessee says:

      Isn’t there some way to challenge the Constitutionality of the Slaughter Rule and stop the Dems from using it? It seems like it would set a precedent for any future bills the Dems want to pass. They’ll just make an end-run around the Constitution and basically become a dictatorship!

    33. Susanna, Kansas says:

      Treason! Treason! Treason! We need to give these criminals the bum’s rush and take back our country, our Constitution and our dignity! We are becoming the laughing stock of the world.

    34. Pete, Las Vegas says:

      We’re working on getting rid of Harry, that should be a slam dunk, but then again, he’s a billionaire and there are a lot of California liberals living here now.. they ran away from their tax hell in an effort to turn our state into a tax hell…

      If, God forbid, this passes, we’ve seen the last of him…

      Let’s just hope our Supreme Court does its job if this thing passes and just throws it out….

    35. Pingback: Constitution Be Damned – ObamaCare Vote Next Week « Socialism is not the Answer

    36. Connie, OH says:

      I wonder how many would have voted for "change" if they knew it meant political expediency would be used to justify an attack on the foundations of our country and individual and collective freedoms?

    37. Jerry Farrish 25813 says:

      They Swore To Uphold The Constitustion. There Oath Is Void Show Them The Door

    38. Pingback: Cold Fury » Short-Bus Shortshanks Short Circuit with Shortcuts

    39. PeteP says:

      “For example, if the big bill itself amends some Social Security statute, reconciliation could be written to do the same –with changes sought by the House. Then if reconciliation is passed and signed by President Barack Obama after he signs the larger bill, the changes made in reconciliation would prevail.”

      What about the Byrd rule ? The last clause says that reconciliation CAN NOT be used to affect Social Security !

      Now, a question on process – if the House approves the Senate HC bill, that bill will be ‘enrolled’, and sent to the Speaker, who in turn is SUPPOSED to send it to the President.
      But – can the Speaker REFUSE or DELAY sening it to the President ?

      This strategy has been rumoured – that pelosi will simply HOLD the Senate bill at her desk until and unless the Senate then passes the ‘reconciliation sidecar’. The implication is that this gives the House assurance that the Senate actually passes their ‘sidecar’ via reconciliation.

      However – WHAT IF THEY DON’T ? What if the ‘side car’ either fails in the Senate, or is so punched full of holes by Points of Order or amendments that the House ( who would then have to vote on the changed bill again ) refuses to pas it ?

      Can Pelosi then refuse to EVER send the original Senate bill ( which the House, in this argument, will have passed, even with their BS ‘deemed to have passed crap ) ? IOW – does the Speaker of the House in effect hold ‘pocket veto’ power over all legislation ?

      Pls answer if you know !

    40. Pingback: Underheight.com » Blog Archive » A Parable

    41. Jason, Arkansas says:

      Nothing these con artists do surprises me anymore. Apparently, none of these politicians actually takes their oaths seriously. I know I did when I enlisted in the Army.

      I would like to think that simply voting them all out of office in November would do the trick, but this is all they know how to do, and they will find a way to weasel back in if we aren't vigilant. We have to not only vote them out of office, but send a very clear, strong message to their replacements that they better walk the straight and narrow and make closing up the corrupt little "leaks" in our ship of state a top priority. Otherwise, these thieves will get back in as lobbyists, "advisers", czars, or whatever other polite name you can come up with for thieves and liars.

      Seriously, these people are like termites eating through the hull of the once-great ship America, and then wondering why we're sinking.

    42. Pablo, Colorado says:

      Well, this doesn't surprise me a bit. These ideologues in power have been ignoring the Constitution and the will of the American people for some time now. The good thing is that the American people are awake & aware of what is transpiring, and ARE going to make these politicians pay at the ballot box.

      I hope the states, as some have done or are in the process of doing, continue to take actions to reject these mandates being dictated by DC and send a message to this bloated, overbearing federal government that this is Republic, not an Oligarchy.

      If these ideologues indeed believe Healthcare is a right (which it is not, it's a responsibility), then Congress should go through the proper process of amending the Constitution to make it a right…but that would take us back to that pesky little document that they choose to ignore in the first place.

      Once we've clean house (and we will), we need to demand that our newly elected representatives prosecute those who broke their solemn vow to uphold the Constitution to the full extent of the law!

    43. tom arkansas says:

      Will we ever be able to trust our government again? I can't believe we actually let this traitor be elected in the first place.Hope we have learned a lesson. Pelosi and Reid and several others need to be given their walking papers.

    44. Kelley Henry says:

      I hope these Democrates know that someday in the future they will be asked to answer from a child of today just what role they played in this dog and pony show they call "Health Care Reform". What will Pelosi tell her grandchild when he or she says… Grandma, do you remember when American's were free?

      Mr. Obama, Mr Reid and that screaching sorry example of a Speaker of the House should be prosocuted by the next AG for domestic terrorism. They have taken the trust of those who banked on the Hope & Change they peddled however gulable and niave they were. What an abuse of power given to them by the very ones they are cheating. For SHAME!

    45. james drago, augusta ga says:

      Reid and Pelosi will burn the american flag to the ground. It’s time to take back our lives.

    46. Wayne, Milwaukee says:

      Long ago I and millions of other people gave an oath before the Lord to protect and defend the Constitution against all enemies foreign and domestic right before we took up the uniform of this nation. I don’t remember ever being released from that oath.

      In the actions be performed at this time in Washington DC, the Congress and the President of the United States have not only violated the same oaths that they have taken, they have openly went to war with the very Constitution itself.

      Every other person in this land has not only a right but an obligation to step up and defend the Constitution against it’s declared domestic enemy in Washington DC under the eyes of God and the Founders.

    47. Gary, Pennsylvania says:

      These methods to overcome the Constitution are unprecedented. I wrote today on my blog suggesting we all contact everyone demand their representatives say NO to the healthcare bill (and all of its incarnations).This Abdication Nation Will Not Stand! Keep sharing, and we will gain back our nation. http://www.goodwrites.com

    48. Bill McIntyre Houston, Texas says:

      November will be too late as we will be stuck with this national healthcare. I think the Republicans should immediately challenge the constitutionality of this bill in the courts and maybe get an injunction to stop it from going into effect until the court has ruled on it.

    49. Ed Wallis says:

      Abusing the Constitution in such a manner seems to have precedent:

      http://en.wikipedia.org/wiki/Enabling_Act_of_1933

      Let us heed its consequences.

    50. Willy, Ca. says:

      Karma! Karma! Karma! is coming to the politicians favoring the obamadontcarereform.

    51. Rodney Heard says:

      Any congressperson who even considers this rule should be thrown out of office. If this is what they are doing now knowing that they may be voted out imagine what they'll do on the solidify more power over us.

    52. Rodney Heard says:

      they are truly out of control.

    53. Steve Kranz; Burling says:

      Excellent article, excellent comments. True Pelosi and Reid are indeed violating their oaths of office along with many others, their oath to uphold and defend the Constitution. Excellent point, as well as revenue generating bills originating in the House of Representatives – great job!

      In terms of reconciliation, Congressional rules are allowed by the Constitution but may not supercede the document. The Constitution does not allow for any Bill to be deemed law unless the EXACT SAME Bill has been passed by 2/3's majority in both houses of Congress.

      There is no "exactly the same" Healthcare Reform Bill that has been passed by both Houses of Congress. The key here is 'exactly the same'. Constitutionally the SAME bill must be passed by 2/3's majority in both Houses; which has not happened. Currently there's a Senate version and House version. For a Bill to be reconsidered it must be the same bill passed by both Houses and by a 2/3's majority and then objected to by the POTUS.

      The reconsideration is for a Congressionally agreed upon Bill with which the POTUS has objections. Currently there is no Congressionnally agreed upon Bill.

      These actions you're witnessing in Congress spell doom for the document that consensually governs the people of the US. The fight starts now. This circus must end and we've got to return to fundamental principles, and live by the wording purpose and intent of the documents which formed this nation.

    54. R.R.G., Carthage, MO says:

      It is time for the power to be seen in “we the people”. Even if your Representative is not voting for Obamacare we should call them to make sure they are also working to influence those that are. They should be very vocal to this assult on our constitution.

    55. Swansong, Brielle says:

      Article 1, sect 7 clause II is CRYSTAL CLEAR:

      “Every BILL which shall have passed the house of representatives AND the senate, shall, before it becomes a law, be presented to the president of the United States. “

      and…

      “But in all such cases, 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.

      MEANING:

      1. FIRST the house AND the senate have to pass the SAME BILL.(that means a real, live vote, NOT something imaginary!!!)

      2. The YEAS and NAYS and the NAMES of the people who voted on the bill have to be recorded in BOTH HOUSE JOURNALS.

      We don't have that now, do we? This isn't a trick – It's MARTIAL LAW!

      It's a FLAGRANT breach of the way this country is supposed to make laws and is an outrageous breach of the constitution. Whatever the president signs simply won't be law.

      Earth to Reid, Pelosi and Obama: you are courting anarchy!

    56. DanMingo Florida says:

      Mark Noneman, Oregon on March 12th, 2010 at 11:59am said:

      Although it took him two tries, Obama vowed to “protect and defend” the Constitution. When does this type of behavior become “high crimes and misdemeanors”?

      I t was Justice Roberts who screwed up the oath, but nice try. Obama was saying it correctly but had to repeat what Roberts said.

      High crimes and misdemeanors are like when you bomb another country under false pretenses and kill hundreds of thousands of innocent civilians.

      Obam has not (yet) committed an impeachable offense that you can name.

    57. Michael Sierocinski says:

      The Constitution says clearly "a two third majority" for any legialation that the Senate And Congress Pass into law. It doesn't allow for Budget concerns which is what the reconsiliation process is for. This reconsiliation process is the most aggregious attack on our Constitution I've ever seen. It is clearly Unconstitutional and we need to absolutely Stop Voting for Lawyers to run our country. They think they can change the meaning of words any time they think and are clearly interested in obtaining Power and Control of our money, property and our inaeliable Rights secured in the Constitution. We are being attacked by Communist within our Eduacation System and the Federal and State Governments. We better stand up soon and be counted or we're going to become a Communist, Socialists Government Controlled country. We don't just have to Vote these Corrupt lawyers out of office but we have to put them in Jail for violating the Constitution. they broke the Law and are continuing to break the Law.

      I for one as a business owner will refuse to hire anyone because of the Huge Costs they're adding to run my business. We have to STOP the Lawyers and the UNIONS from taking over our country. I will not pay ridiculous Unconstitutional TAXES and will go to jail to fight against it if I need to. We to think like Ghandi. We need to take a Passive Aggressive repose to this take over and be willing to sacrifice our lives and bodies for our Freedom like Ghandi did in India. The people of India ousted the BRiish Government by simple refusing to pay them any money and make Salt for the Government. They made their own clothing and grew their own food. They did whatever it took to obtain their Freedom without Violent Retailiation. The British Government was the Voilent offender and eventually had to leave the country.

      We need to stand up for our Rights and not pay Taxes if we want to criple the Government and stop their takeover and Rape of the Constitution. That's where the real Power lies within us. If we don't pay their Taxes they won't have any recourse but to walk away because they won't have any Money to pay their thugs to enforce their Corrupt laws. And any good Military person who understands the Constitution won't go along with their orders. What are they going to do? Are they going to Jail 150,000,000 plus people. I don't think so. We have to stand up for our Rights if they try and shove this Government Takeover down out throats.

      Respectfully and peacefully,

      Michael Sierocinski

    58. Ernie, New York says:

      The legislation itself is unconstitutional. I'm not surprised that the process to pass it is as well.

    59. ElizabethM says:

      This congress and President are out of control. More Americans need to get on board and fight for this country because they are doing everything in their power to grow the government and move us toward socialism and a one world government. The lies that are coming out of Washington are unprecidented. We need to pray for our leaders AND we need to e-mail, fax and phone their offices. We cannot afford to sit on the sidelines while they "Change" America. Hitler took over with less than 4% of the people because 96% kept quiet and did nothing or were deceived.

      God Bless America

    60. Dave Blevins, Texas says:

      Someone must quickly introduce documentation to impeach these people; Obama, Pelosi, Reid, et al. We the people must remove this type of internal incompetence in our government.

      Thank you for the opportunity to post.

    61. Pingback: Congress to Vote by Saturday on Health Care

    62. rdr PA says:

      I'm sad to say that in my 60 plus years I have never been so afraid for my country. Washington has gone completely MAD while the arrongance and ego in the WH is unbelievable. Common citizens, who have never spoken out before, are screaming and pleading for someone to LISTEN — "We don't like this, we don't want this, we can't afford this, we want common sense to prevail." and no one hears. Anger and frustration builds daily with each new scheme or trick to force this on us. Our Constitution is being ignored and our freedoms will soon be gone. God Help Us.

    63. Freeman54 says:

      I am standing by with my weapons and ammo ready. The time has come to take these people down. Enough, is enough. We've long since passed that point.

      There is a way to make sure Obama, Reid, and Pelosi get the message.

      Americans, take up your arms, and take back your country.

    64. Pingback: Slaughtering the Constitution « Robomonkey's Blog

    65. Hilary Lamothe, Geor says:

      I have edited and condensed the excellent treatise by Christie from Texas. I am sending it to every Rep in Congress, today, starting with the D's, and have been calling all offices on the DickMorris website and all 13 reps from GA. Call the Loval Offices as often the DC ones reject out of state calls (NH rep for example). Protest the local offices too iif possible this week.Thanks for the great work and the tireless support from Heritage and from Rush, Hannity and Levin ect.

      Another point to make when they say they have not "seen the bill yet" is to say that if it is 2000+ pages it is about Socialism and remaking America, and not fixing the discrete problems like protecting Doctors and Patients Rights.

      We must defeat this especially the Slaughter Rule as nothing will stand after that.

      Text to Congresspersons:

      Dear Congress, 03-15-2010

      I am contacting your offices because I am a citizen of these United States and am appalled by what is happening in congress and this whole health care debate. I may not be a constituent of your state, however the whole of Congress is about to vote on something that directly affects me, my family and my business so I will not sit quietly and let you railroad us into submission.

      First off, we the patients have been left out of the negotiation. All I’ve seen are meetings with doctors, lawyers, insurance company’s, pharmaceutical company’s, union bosses, and politicians who will not be affected by this disaster because you’ve voted yourselves lifetime premium medical coverage that is not accessible to the rest of us 300 million citizens. Glaringly absent from the negotiation are any private individuals? Why is that?

      This health care policy being proposed does nothing to get at the root of the problem; which is the cost of health care nor does it do anything to reduce insurance premiums. It also does nothing to protect our Doctors and the most advanced Medical research and development in the world.

      Since you can probably tell by now, I’d like you to scrap these bills and start over but in any new bill I’d like it clear that absolutely NO Abortions will be paid for with tax payer dollars. The Bill of Rights – Amendment I – states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…..” One of the ways I “freely exercise” my religion is to not kill babies, If this is true then congress can NOT pass any law forcing me to subsidize with my taxes something that violates my free exercise of my religion, which is to not kill babies.

      None of the proposals coming out of Washington now are addressing any of this. You are all just all bickering back and forth and accomplish nothing except spending more money and securing more power for you. This much change!

      Please do not forget that you are supposed to be representing us and advocating on our behalf not inflicting mandates, oppressive regulations and ever increasing taxes and disregarding the voice of the people. Currently, by all polls you clearly do not have the consent of the governed. If you value your oath and your job you should tread lightly. It’s too easy to find out who votes yes for this and I assure you We ARE Watching and will contribute and work to remove you post haste from your office if you do not uphold the office you were elected to.

      This means voting NO to any unconstitutional attempts by the Progressive’s to enact the Slaughter Rule or voting yes for ANY form of ObamaCare. It is simple in that does not require waiting to see the bill – 2000+ pages means a Government takeover of the remaining Health Care system in the US and that is unacceptable and about 2/3 voters out there are rejecting it.

      Sincerely,

      Hilary Lamothe

    66. William, Alabama says:

      Wow! Everybody needs to take a chill pill! Some of you folks are openly advocating an armed uprising because of some political wrangling that has happened many times before. The arguments discussed here go back to the debates articulated by The Federalist Papers of 1787 era. What the Congress is doing now, has everything to do with the political tone of the last 30 years and will not be corrected with hate filled, historically ignorant rants. The pendulum swings perpetually. You right wing extremists had the reins for awhile and now, due to your inaction and greed, has begun to swing towards the left. Get over it. Behave like civilized Americans and maybe the voters will come back to you. At that point, maybe you can actually pass some legislation that is good for the "average" American citizen instead of falling over yourselves in a rush to provide "Corporate" America with even more benefits. Hell, they barely pay taxes and can now use unlimited funds to sway an election with "Tax deductable" dollars. Get a clue!

    67. GreggColdsnow Missou says:

      DanMingo Florida on March 12th, 2010 at 11:59am said:

      .

      "Obama has not (yet) committed an impeachable offense that you can name."

      How about fraud? How did someone who is not even a US citizen get nominated, much less elected?

      I don't understand how people can be so surprised at Obama's actions and attitudes. The man is an avowed Muslim. How can anyone be surprised that everything he has done has but one purpose – to destroy the "Great Satan" of the US and her people.

      Coffee's brewin……

    68. Pingback: NC Freedom » Constitution Be Damned – ObamaCare Vote Next Week

    69. nancy bierwerth says:

      This takeover of a positive performing Private Industry Health System, 16% of the economy, is a travesty & sham. A move to control! Govt. hasn't handled Social Security or Medicare: both broke. When the USSR moved, one of the first things done was to control health care!! Check it out!

      WE have a remarkable health care system, must be preserved with the individual /doctor relationship. Compare to others!!

    70. nancy bierwerth says:

      See Above

    71. nancy bierwerth says:

      See Comment provided!

    72. nancy bierwerth says:

      This Takeover of a positive performing Private Industry Health Care System, 16% of the economy, is a travesty & sham. A move to control Govt. hasn’t handled Social Security or Medicare,: Both Broke. When USSR moved, one of the first things done was to control health cars!! Check it out!
      We have a remarkable healthe care system, must be preserved with the individual/doctor relationship.

      %%

    73. V Racer Atlanta says:

      When it comes to counting heads to determine the majority, "good" democrats are counted with the others. All democrats must be defeated where possible.

    74. Jason, Earth says:

      You people are ignorant. You offer no solution only destruction.

      Be the engineer, not the hammer.

      Otherwise, you will not win anything.

    75. Lou Carr says:

      Crocodile tears from the Heritage Foundation. Now, because it is Obama you "care" about the Constitution? Where were you during the 8 years of

      Bush and Chaney? All you did was kiss their behind when they trashed the

      Constitution!!!!!!!

    76. America, NY says:

      You people are a bunch of Poo Flinging Monkeys. CAPITAL LETTERS DONT MAKE YOU MORE RIGHT. Impeachment! OMG PONIES!

    77. JF Texas says:

      You guys are not winning this independant voter with these hateful comments (someone said they go kill Pelosi and Reid! seriously?)

      Second of all its obvious that no one that posted even researched this and just believed what this writer said. As a lawyer, I can assure you they have done nothing that hasnt been done before. The Bush Administration did it multiple times. He failed to mention the work of the parlimentarian can be overruled by the VP.

      This article is not completely true and as I said previous administrations have done it. Its sad no one took time to get educated and just spread their hate. Although I lean more Republican, you crazy uneducated right wingers really turn me off.

    78. S.D Owenim, TX says:

      What a bunch of vastly melodramatic overstatement. "Oh No! Obama Killed the Constitution!" I wonder how many idiots will actually buy this tripe. What do you call it when certain republicans in the senate filibuster more times in the past year than in the 50's and 60's COMBINED? Of course the democrats are going to rely on obscure tactics. Either the change the filibuster rules or accept the obscure tactics of deem and pass and reconciliation. I don't see anyone trying to challenge the law on constituional grounds based on the senates procedures? And those frivilous lawsuits that are eating up state money are going to fail, no doubt about it. The only people upset over this are the hardcore republicans that can't seem to understand that a minority doesn't mean that they get to decide everything! Healthcare reform IS A GOOD THING. It is. It's not perfect. It needs changing, but to "start over" is madness. Sheer madness. There are plenty of things in the bill that both sides like, why not keep those things. But, I've ranted long enough. True republicans (in the old school sense, not this new school conservative insainity) will eventually shed the leash of the utra-right and get back to governing. Oh and Brain, darling, your wrong.

    79. Calimann says:

      I am glad the Dems found a way past the obstructionist Repuclican party. The republicans have been absolutely disgusting with their disregard for the american people. Who were they fighting for? The insurance companies. Between fighting for their donors and a blinding desire to defeat Obama they have forgotten what their job actually is. For a year Obama begged them to participate, they refused, and now they claim it was not bipartisan, well, gee, that was the plan as far as I can see. The republicans never had any goal beyond delaying it to the election season when nothing gets done. Nothing but war is what they gave after 8 years of doing it their way, war and poverty, thanks a bunch guys.

    80. Pingback: Some of the headlines you may have missed… « Cubachi

    81. Limuriks says:

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