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  • The Stark Truth: If Obamacare Is Legal, Then Government Has No Limits

    Rep. Pete Stark (D-CA) is one of the more honest members of the left in Congress. Long before President Barack Obama first started pushing Obamacare, Rep. Stark was advocating for a government “Medicare for All” takeover over our nation’s health care system.

    Rep. Stark’s honest view about the proper role and power of the federal government were on display again last month at a townhall in Hayward, CA.  In the video posted, a constituent asks Stark: “If this legislation is Constitutional, what limitations are there on the federal governments ability to tell us how to run our private lives? … If they can do this, what can’t they?”

    Stark eventually answers: “The Federal government can, yes, do most anything in this country.”

    Stark’s logic, if not his understanding of the Constitution is dead on. Last year, we wrote:

    By boldly asserting that the authority to regulate interstate commerce includes the power to regulate not merely voluntary activity that is commercial or even ancillary thereto, but inactivity that is expressly designed to avoid entry into the relevant market, this theory effectively removes any boundaries to Congress’s commerce power–Congress could mandate anything. Under this theory, given that the American auto industry is a highly regulated commercial activity in the national marketplace (in which the federal government has invested), Congress could constitutionally require every American to buy a new Chevy Impala every year, or a pay a “tax” equivalent to its blue book value.

    Never in this nation’s history has the commerce power been used to require a person who does nothing to engage in economic activity. Therefore, no decision of the Supreme Court has ever upheld such a claim of power. Such a regulation of a “class of inactivity” is of a wholly different kind than any at issue in the Court’s most expansive interpretations of the Commerce Clause. A mandate to enter into a contract with an insurance company would be the first use of the Commerce Clause to universally mandate an activity by all citizens of the United States.

    Today, even voting is not constitutionally mandated. But, if this precedent is established, Congress would have the unlimited power to regulate, prohibit, or mandate any or all activities in the United States. Such a doctrine would abolish any limit on federal power and alter the fundamental relationship of the national government to the states and the people.

    Posted in Legal [slideshow_deploy]

    18 Responses to The Stark Truth: If Obamacare Is Legal, Then Government Has No Limits

    1. Bobbie says:

      The democratic government of the United States of America, has made the American people their enemy.

    2. Bobbie says:

      The democratic government of the United States of America, has made the American people their enemy…and that's the stark truth.

    3. Pingback: MoConservativePatriot.com » Mainstream Media (aka Partisan Political Operatives), Liberals and Progressives are in the tank together against the TEA Party Patriots…and our Constitution

    4. HawkWatcher, Mi. says:

      What's one more clause to the statists? Just another obstacle put in place by old-thinking white men, whose ideas and laws must be destroyed in order to attain the utopia that massive redistributive central government will surely bring.

      Even a commoner like me can recognize that the Constitution and its "commerce clause" have been twisted, stretched, tortured, and bent out of shape to the extent that Stark and his ilk believe they can dictate all aspects of our lives.

      We need to replace as many Washington D.C. imperialists as we can, with regular Americans who love the Constitution, and will fight the statists.

    5. John Pummell, Alexan says:

      Rep. Stark's opinion reveals either astounding ignorance of the Constitution and representative democracy as envisioned by the Founders, or he is a thorough going statist. Either way, he doesn't deserve to be in Congress.

    6. John Pummell, Alexan says:

      Representative Stark's comment reveals either an astounding ignorance of the Constitution and representative democracy as envisioned by the Founders, or he is a thorough-going statist. Either way, he doesn't deserve to be in Congress.

    7. kevin habib says:

      Do any of you not remember the USA Patriot Act created in October 2001? Of course the federal government can do whatever it wants. Just read the Act.

    8. Richard Walker, Mila says:

      The disregard for the Constitution demonstrated by the Democratic majority in Congress and the Obama administration on such issues as Obamacare, illegal immigration, and the selective enforcement of voting laws by the Dept. of Justice warrants a serious examination of the social contract implicit between government and the governed, and a discussion of the responsability we have to future generations to protect this country from the tyranny of our current government.

    9. Lloyd Scallan (New O says:

      Pete Stark is just one member of Congress that has a total distain for our Constitution plus has the arrogance of a politician that has been re-elected so many times he sees himself as bullet-proof. The bigger problem is that so many others in government feel the same as Stark. Because Obama's lies and distortions are protected and hidden by the main streamed media, these politicians now feel safe to openly show us who and what they are, then dare us to do something about it. They know full well most will back down.

    10. Ginger Snaps, Idaho says:

      The lady in the video makes the assertion that by claiming healthcare as a RIGHT, it makes healthcare providers SLAVES.

      Education is a RIGHT in this country. So does she consider teachers to be SLAVES?

      That's ridiculous logic. Healthcare providers and teachers work for pay and are protected by laws to ensure they are not slaves. These are called labor laws.

    11. Billie says:

      Kevin, did the Patriot Act catch you doing something you're trying to hide? If there were, I heard nothing on abuse of this act except from people that convinced in fear, their privacy was being invaded, unconcerned with the actual prevention this act implemented.

    12. kevin habib says:

      Astonishing to hear so much uproar over this. Where was this outrage when President Bush and Republican proposed a constitutional amendment to ban gay marriage. Regardless of your views on gay marriage, the fact that government officials wanted to include an amendment to say who you can and who you can't marry should have had a greater uproar than one comment from a Member that makes up 435 seats of Congress.

    13. Robert says:

      Wanted Dead or Alive, The American People.

    14. Terry Brown, Albuque says:

      Ginger Snaps – Education is a RIGHT?? Where is that right mandated in the Constitution or the Declaration of Independence or anywhere else? And if it were a RIGHT, I would say we are failing miserably. Our children are not being educated very well as evidenced by the scholastic standing of modern American students in the world. I believe that we rank very low in math and science educational achievement in the world's rankings. I believe that it is more accurate to say that our children are being indoctrinated and entertained – not educated.

    15. Billie says:

      Kevin, it was proposed because it was brought up by the support of another party.

      "Gay" marriage is an oxy moron. To include an act upon the definition of an act that is direct opposition to the definition of the act is pure intolerance. Why change the meaning of a word for weakness sake? When they are of American intellect and reason is when I vote Republican.

    16. Cliff, North Little says:

      Mr. Kev … You may consider checking on Mr. Obummer's stated take on marriage in America and that will be … between a MAN and a WOMAN !!!! As for the Patriot Act, the "O" has left Bush in the proverbial dust concerning the caliber of FEDERAL POWER over our privacy rights. Just as he tripled the Bush deficit which helps to compound the National Debt into a term the eco-freaks seem to "own" and that is …

      unsustainable !!!

      The American mindset has been slowly devolviing into a dependency state that has shifted into WARP SPEED !!! Thanks in great part to certain factions of our Government … [mostly dems / some rhinos] … and yes – parts of the private sector. Let's not forget US … the citizenry that are the electorate that allow ourselves to be duped into "voters-remorse" or simply not even registering to vote … which may actually wind up being a mixed blessing, in certain cases.

      Bottom line … LOOK INTO people like Stark. As Loyd Scallan states above, these people are emerging and showing their stripes under the cover of the "LAME-STREAM" elements of the media, and the colors are

      no where near … RED, WHITE and BLUE !!!

    17. Ginger Snaps, Idaho says:

      Oh, so you're going to now start using the word "RIGHT" to only mean those specific rights outlined in the constitution and amendments?

      That means that the Health Care Act does NOT make health care a right. It makes it COMPULSORY, again, like education is compulsory, though that is determined by states. Education is also funded by the federal government.

      I get it though: you think education is crap in this country. You think anything funded or run by the federal government is crap.

      I get it.

      Throw out the baby with the bathwater, if you will.

    18. Joanne, Sacramento says:

      I think it looks like they gave Pete Stark some kind of tranquilizer…he was so nearly catatonic as he mouthed that crap and smugly sat thinking he and his democrat cronies can get away with ANYTHING. I guess he took the tranquilizer so he wouldn't be caught again shouting expletives and insulting his good constituents as he's done in the past. Oh, Lord, may November bring us a good tide.

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