Sunday, December 27, 2009

Commerce Clause Back Door To Socialism

So saith the Kooks.

Hey folks,

U.S. Constitution - Article 1 Section 8
Article 1 - The Legislative Branch
Section 8 - Powers of Congress

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and Post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.


So, now we have the script, from the Left, that it is the Commerce Clause that makes it Constitutional for Congress to FORCE you to buy Obamacare and FORCE you to allow the Government to take over, well, ANYTHING they chose. It doesn't. Some even know that. But that is not stopping them from "Assuming" it does.

When Senator Kent Conrad was asked if he could point to the section in the Constitution that permits this, he said this.

“No, but I’ll refer you to the legal counsel for the Senate and they’re the ones that lead there as the full legal basis for the individual mandate -- and I assume it’s in the Commerce clause.”

At least he admitted that he is no Constitutional Lawyer. When our old friend, you know her, you love her, Senator Diane Feinstein (D-Calif.) was asked the same question, she answered the same way.

The health care bills in both the House and Senate require that every American purchase a health insurance policy. At the Capitol on Tuesday, CNSNews.com asked Sen. Feinstein: “Where in the Constitution does Congress get the authority for an individual health insurance mandate?”

Feinstein said: “Well, I would assume it would be in the Commerce clause of the Constitution. That’s how Congress legislates all kinds of various programs."


CNSNews.com followed up by asking Sen. Feinstein whether this broad power had any limits: “If there’s a health insurance mandate, is there a limit to that authority? Is there something that can’t be mandated?”

Feinstein responded: “My own view is that there is not, within health insurance.”


Yup. NO LIMITS. In their minds, this is an excellent way to open up all kinds of things. A back door to Socialism. So just how expansive is the Commerce Clause?

Wickard v. Filburn that was decided by the Supreme Court in 1942 is a good study. Filburn was a Farmer who was fined by the Kooks in Government at the time, because he harvested more Winter Wheat on his property than the amount that was approved by the Agricultural Adjustment Act. What is that? It is where the Government Limited Farmers to Eleven Acres. Franklin D. Roosevelt praised the "sound, consistent measure" of the "Conservation of National Soil Resources." AKA Kook, liberal Socialistic policy, and later to be found to be UNCONSTITUTIONAL.

Well, Filburn harvested an additional twelve acres that he was going to use for personal consumption only. The Kooks in power would have none of that. They slapped him with a Fine that he refused to pay. The case went all the way to the Supreme Court and they unanimously ruled against Filburn, because any wheat that he personally consumed would not then be purchased on the open market. So they decided that THIS indirectly affected Interstate Commerce. None of this is even remotely connected to the Clause, but that did not stop them then. It's not going top stop THIS group of Kooks NOW.

This is why Obamacare is so important to them. Regardless of the form that any new Obamacare plan takes, the Government’s involvement, will exercise full authority to select your Doctors and Hospitals. They will DICTATE to you the Treatments you receive as each of these Providers and Procedures will be fully regulated by the Government. There will be rationing, regardless of the promises made. There will be long waits as well as treatments withheld because any one specific case may not be deemed worthy of the expense.

This is something else they are attempting to lie about. Life and death judgments will now be decided by someone other than the person affected or their family. These are the apparent things that can be envisioned because they are readily observable around the world. Anywhere you chose to look with a Socialistic Medical System in place.

Then you have them using this as a back door to Socialism itself. In the interest of saving money on "Healthcare," they will start dictating and regulating your everyday behaviors by simply relating them to healthcare in some manner, no matter however indirect it may be. Some of your habits that will begin to be attacked by them right from the get go? Smoking, Alcohol usage, Soda consumption, Exercise habits, the Foods you eat and how often etc. This will lead to your Hobby. How dangerous are they? Skydiving, Racing, going for long hikes, Skiing? Then every day activities. How long is your commute? What about your job itself? Firefighter? Cop? How dangerous is what you do for a living?

From cradle to the grave, from Sun up, to Sun down, the Government will be watching. More than watching, they will be DICTATING to you What, When, How, and Why. Talk about Big Brother. Where oh where are the Hippies of today?
Peter

Sources:
CNS

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