From the category archives:

Unconstitutional Acts

It looks like the House will vote on Obamacare on Sunday. That’s when the House Democrat leadership believes it will have twisted enough arms and paid off enough of their colleagues to have the votes. Will they have a straight up and down vote or will they resort the the Slaughter Rule?

Today, House Democrats defeated 222 – 203 a resolution sponsored by Republicans against the Slaughter Rule.

The Congressional Budget Office (CBO) today released a preliminary estimate of the financial impact of the bill that it admits it pretty much meaningless. Apparently a revised estimate will be released Friday or Saturday. The preliminary estimate projects a 10 year savings that is equal to about 2 weeks of 2010 deficits. Of course, this is all based on the deception of combining ten years of tax increases and Medicare cuts with six years of Obamacare “benefits.”

pelosi 150x150 Critical Obamacare Showdown on Sunday?Democrats have also said that they are just getting started. Nancy Pelosi: “Kick open that door, and there will be other legislation to follow. We’ll take the country in a new direction.” So any projection of the current bill whether we know what’s in it or not is meaningless since it is just the first step toward European-style socialism.

obama 150x150 Critical Obamacare Showdown on Sunday?President Obama has postponed his trip to Indonesia until June presumably so that he can pressure Democrats to support Obamacare with the argument that a “No” vote would ruin his presidency. As Rush Limbaugh has pointed out, this is the behavior of Third World dictators who “destroy their countries to save face or make them look better.”

The public pressure on Democrats who voted against Obamacare in November must continue. Click on “Melt the Phones: President Cancels Trip Because Democrats Don’t have The Votes” to see Hugh Hewitt’s daily list on who to call.

What will happen after the vote? It all depends. If the vote is on the Slaughter Rule and the President signs the Senate bill, it’s constitutionality will be challenged immediately and some states may refuse to recognize it as law. If Senate Democrats try to adopt the House’s “fixes”, Senate Republicans will offer amendments and the process will continue for a while.

The cleanest outcome would be a “No” vote on Sunday. We could sing “Ding Dong, the Witch is Dead” and start the debate on real health care reform.

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Senator Coburn warns House Democrats considering switching their vote from “No” to “Yes” that he and his colleagues will find any corrupt deal that they have made before the November election. He also promised to hold any nomination to a federal position that any of these Democrats may get if they lose in November. Video via Hot Air:

I want to send a couple of messages to my colleagues in the House.

If you voted “No” and you vote “Yes” and you lose your election and you think any nomination to a federal position isn’t going to be held in the Senate, I have got news for you: It is going to be held.

Number two is if you get a deal, a parochial deal for you or your district, I have already instructed my staff and the staff of seven other senators that we will look at every appropriations bill, at every level, at every instance and we will outline it by district and we will associated that with the buying of your vote.

So if you think you can cut a deal now and it not come out until after the election, I want to tell you that isn’t going to happen. And be prepared to defend selling your vote in the House.

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Obamacare won’t lower insurance premiums or lower health care costs. It will cut Medicare and raise taxes. Opponents have known this for a long time, but few have seen Democrats openly admit to it. Nevertheless Obama and Pelosi insist that Obamacare has to be passed.

Wonder why? Read “Why Democrats Are Willing to Lose November Election If They Pass Obamacare” about the reason for the fanatic persistence of Obama, Reid and Pelosi.

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So where are we Wednesday evening on Obamacare?

pelosi 150x150 The No Bill, No Votes Banana Republic Democrats1. There still is no House bill. As Nancy Pelosi said “you have to pass the bill so that you can find out what’s in it.”

2. Democrats still haven’t paid off enough of their own member to have the votes. Projections vary, but most observers belief that Nancy Pelosi is short at least a few votes. This could change if there are still enough Democrat “No” votes that can be bought by Pelosi or Obama.

louise slaughter 2009 150x150 The No Bill, No Votes Banana Republic Democrats3. Democrats are still toying with not voting on the bill, but rather “deeming” it passed, i.e. the Slaughter Rule. They believe the American people are too stupid to understand that a vote on “let’s pretend” that the bill is passed is the same as voting for the bill. They will find out in the November election at the latest how badly they underestimated the American people.

harry reid flips the bird 150x150 The No Bill, No Votes Banana Republic Democrats4. There is not reason for the Senate to “fix” the bill that 59 current Senators have voted for to make House Democrats happy. House Democrats rightly don’t trust Democrats in the Senate. Michael Barone tells an old story about former House Speaker Tip O’Neill’s feelings toward the Senate: “after an aide referred to the House Republicans as ‘the enemy,’ O’Neill corrected him. ‘The House Republicans are not the enemy, they’re the opposition. The Senate is the enemy.’”

obama point 150x150 The No Bill, No Votes Banana Republic Democrats5. President Obama has now twice postponed an overseas trip to Indonesia and Australia in order to be in DC for some final arm twisting and for signing a bill. So now the argument is that Democrats need to pass the bill to save Obama from looking like a fool. That’s why Rush Limbaugh has called Obama a Third World president: “[Rush] explains that third world presidents typically destroy their countries to save face or make them look better, and that is what Obama is doing with this health care bill.”

6. President Obama is desperate enough to subject himself to critical questions on Fox News for the first time since becoming President and tells us that he doesn’t care about the process by which the bill is passed.

7. Even the mainstream media is publishing some facts about Obamacare. The Associated Press did a fact check on Obama’s claim that premiums will go down and concluded the following:

Buyers, beware: President Barack Obama says his health care overhaul will lower premiums by double digits, but check the fine print.

Premiums are likely to keep going up even if the health care bill passes, experts say.

8. State Attorney Generals are preparing to challenge Obamacare if it is passed as unconstitutional. Any bill coming out of the current process may well have been enacted in violation of the Constitution and will spark lawsuits and civil disobedience across the country.

It does not look good for Obamacare. The big danger right now is that House Democrats ready to vote “No” are under enormous pressure from their leadership to switch their votes. In addition to promises and outright bribes they will be told that they will have the failure of the Obama presidency on their conscience if they vote “No”. House Democrats opposing Obamacare need to continue to hear from their constituents and from other concerned Americans.

Keep calling and emailing Congress. Right now it looks like any significant vote won’t occur before Saturday, so there is still a few days to go until the future of American government will be decided. Go here for some tips on who to call.

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Bret Baier is interviewing President Obama on Fox News tonight. Here is an excerpt (via Hot Air) in which he states that he doesn’t care about unconstitutional parliamentary tricks like the Slaughter Rule:

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louise slaughter 2009 150x150 Lets Pretend Democrats and the Destruction of the Rule of LawThe Slaughter Rule, whereby House Democrats may “deem” the Senate health care bill passed without actually voting on it, is causing a lot of outrage across the country. There is also a lot of legal opinion on whether such a rule would be constitutional or subject to other legal challenges.

pelosi 150x150 Lets Pretend Democrats and the Destruction of the Rule of LawThe Constitution seems clear. Article I, Section 7 states: “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…” A bill has to pass both branches of Congress before it can become law. The Senate parliamentarian has ruled that the Senate cannot act on a bill making corrections to the original bill until the President has signed the original bill into law. The President cannot sign the Senate bill into law unless the House has also voted on it. It seems clear that the Slaughter Rule is not a legal way forward.

Politico quotes a law professor who has refreshingly simple advice on for Democrats:

“If I were advising somebody,” on whether deem and pass would run into constitutional trouble, “I would say to them, ‘Don’t do it,’” said Alan Morrison, a professor at the George Washington University Law School who has litigated similar issues before the Supreme Court on behalf of the watchdog organization Public Citizen. “What does ‘deem’ mean? In class I always say it means ‘let’s pretend.’ ‘Deems’ means it’s not true.

Democrats will not get away with supporting the Slaughter Rule and claiming that they didn’t vote for the Senate bill.

What’s more, Obamacare passed via the Slaughter Rule will undermine the rule of law, may cause states to declare that the law will be unenforceable within their borders and will unleash anger against the federal government that will make the tea party protest of the past year look like pro-government rallies. Red State has a post that discusses the possibly frightening consequences should Democrats go down this path.

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killbillrally2 This Week: Decision Time on ObamacareThe coming week will be decisive in determining whether Obamacare passes. Obamacare is not just about health care, but rather about irreversibly expanding the power and reach of the federal government. Read “Why Democrats Are Willing to Lose November Election If They Pass Obamacare” to understand why Obama persists in pushing legislation that is opposed by the majority of Americans.

Obama and the Left will try to convince, intimidate and bribe the roughly forty Democrats in the House who opposed Obamacare in November to get enough votes to pass the Senate bill. If that fails, they are ready to use parliamentary maneuvers, some of which may be unconstitutional, to get their way. The most outrageous of these is the “Slaughter Solution” which would declare that the House “deems” the bill passed without an actual vote.

Pro-life Democrats like Bart Stupak cannot vote for this bill and then rely on a promise to have a subsequent reconciliation bill remove federal funding of abortion. Once the Senate bill is signed by President Obama, it is law and a reconciliation bill advocating things the majority of the Senate opposes will not pass. Any representative who votes for the current bill is responsible for the consequences and will face the voters’ wrath in November.

Americans across the country continue to voice their opposition to Obamacare. Here is an brief excerpt from one such “Kill the Bill” rally in Minneapolis held on Sunday:

To stop Obamacare, contact Democrat representatives who are on the fence. Hugh Hewitt has a list of who these Democrats are. You can also go to Free Our Healthcare Now and send an email to your representative and 58 Blue Dog Democrats.

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Radio talk show host Mark Levin calls for the expulsion of Representative Slaughter from the House of Representatives for attempting to define a rule under which Obamacare would be “deemed passed” without the House actually voting on it.

He is right. There is no place for people in Congress who are ready to violate the most basic principles of constitutional government.

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While none of us can predict the future and unexpected events are bound to develop, the following stories will be significant in their impact on American freedom, strength and security during 2010. Please continue reading this blog during 2010 if any of these topics are of interest to you.

1. Iran: Nuclear Weapons, Resistance to the Regime and Revolution?

mousavi--124507979745817300Iran will be a pivotal place in the struggle between Jihadism and free societies. During 2010, Iran will likely become a nuclear power led by a president with the declared goal of destroying Israel. The Obama administration is unlikely to use force to stop this dangerous development. Israel may act, but it is not clear whether it will be able to neutralize the threat of a nuclear Iran by itself.

Since the fraudulent presidential election last June, the internal, democratic Iranian resistance has grown despite the regime’s brutal attempt to silence protests through intimidation, jailing of dissidents and outright murder. The opposition leader, Mir Hossein Mosavi, a member of the regime during the 1980s has become a more vocal opponent of the regime after the election and could become Iran’s equivalent to Russia’s Boris Yeltsin who started as a communist and ended up leading the breakup of the Soviet Union and its replacement with 15 nations including a Russia that attempted to achieve democracy.

ayatollah hossein ali montazeri 150x150 2010 Stories That Will Impact American Freedom, Strength and SecurityThe resistance movement has stepped up protests in the last weeks of December after the death Grand Ayatollah Montazeri, once the designated successor to Khomeini, the founder of the Iranian Islamic Republic and, more recently, the leading religious leader opposing the regime. Earlier this week, the Iranian dictators killed a nephew of Mousavi, further escalating tension.

Revolutions are hard to predict, but there is at least the possibility that the Iranian resistance could overthrow the 30-year-old repressive regime before fanatics who believe in provoking an apocalypse to hasten the arrival of the “hidden Iman” gain nuclear weapons.

2. Economic Recovery: Long-Term Prospects, Fear of Inflation and the Impact of Unsustainable Government Debt

obama 150x150 2010 Stories That Will Impact American Freedom, Strength and Securityr228531 909709 150x150 2010 Stories That Will Impact American Freedom, Strength and SecurityThe US economy appears to be headed toward a recovery despite unprecedented, heavy-handed control exerted by the Obama administration over more and more areas of economic activity.

Can the recovery be sustained despite new and continued threats of more government control and record taxation and spending? Will inflation become a serious issue given the lose money policies of the Federal Reserve under Time’s Person of the Year Ben Bernanke?

Will the private economy again be able to generate jobs for the tens of millions of Americans that lost their jobs during the recession?

The short-term news may be positive, but dark clouds hang over this recovery.

3. Security and Terrorism: Will Washington Get Serious Again Before It Is Too Late?

war on terror poster 224x300 2010 Stories That Will Impact American Freedom, Strength and SecurityThe Jihadist terrorist attacks at Ft. Hood and on a plane landing in Detroit on Christmas Day have shown how utterly clueless Obama and his advisors are. They treat these acts as isolated criminal incidents despite clear evidence that they are part of a continued international Jihadist movement.

Will they see the light and let us move on from recognizing the obvious to seriously thinking about how a free society can survive given that technology today can give a handful of fanatics unprecedented power to cause mass murder and wholesale destruction?

In addition to “traditional” attacks using guns and explosives, chemical, biological and nuclear threats remain real and become more likely each year. Even more frightening scenarios that could be perpetrated by rogue regimes with a few nuclear weapons include an electromagnetic pulse attack on the US.

4. Continued Growth in Opposition to Obamaism and the November 2010 Election

dc tea party sept 12 2009 mega 01 300x225 2010 Stories That Will Impact American Freedom, Strength and SecurityThe Tea Party movement started early in 2009 in opposition to unprecedented spending in Washington and all the initiatives to control more of the American economy. The likely passage of Obamacare practically guarantees, that Democrats will sustain heavy losses in the November 2010 Congressional elections.

Will Republican leaders become more effective in explaining these issues and presenting the alternatives or will the Tea Party movement end up supporting third party candidates that will inevitably divide the opposition to Obama?

5. The Final Shape of Obamacare and Its Impact on Cost of and Access to Health Care

obamacare 235x300 2010 Stories That Will Impact American Freedom, Strength and SecurityWhile it is hard to see how passage of some form of Obamacare can be avoided, Democrats are sharply divided on issues like the public option and taxpayer funding of abortions. The left wing of the party opposes current legislation that has provisions required to keep the support of more “moderate” Democrats. Will this coalition between Democratic factions hold and how bad will the final legislation be?

6. The Global War on Terror: Iraq, Afghanistan and New Fronts

us military collage zus6 300x258 2010 Stories That Will Impact American Freedom, Strength and SecurityThe US involvement in Iraq is winding down. Will the Iraqi government be able to avoid a return to the violence of a couple of years ago?

In Afghanistan, Obama is supporting a moderate surge in US forces. Will this be enough to drive back the Taliban and al-Qaeda or will they just hunker down until the withdrawal of US forces starting in 2011 that Obama has already announced?

Finally, the Christmas Day underwear bomber has started drawing attention to the fact that there are other centers of Jihadist terrorism like Yemen. Will there be an attack originating in Yemen or another center of Islamic fanatics that will force the administration to act?

7. Global Warming Alarmism After Climategate and Copenhagen

Al GoreThe changes for drastic imposition of new regulations controlling carbon-based energy has fizzled after the Climategate scandal and the failed Copenhagen summit.

France’s supreme court struck down a new law on carbon emission just this week.

The chances of major cap and tax legislation passing the Senate are practically nil.

Despite these positive developments, the left has invested heavily in the global warming hysteria as a new way to impose national and international controls on human freedom. Stories about impending doom due to supposedly man-made global warming won’t go away in 2010. Expect more fear-based emotional appeals and other attempts to revive the global warming movement.

Just based on what we know about these stories, 2010 is bound to be an interesting year.

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Senator Daniel Akaka (D-Hawaii) says he is not aware of the Constitution giving Congress the authority to make individuals buy health insurance. Strangely enough this does not seem to bother him and he supports the bill before the Senate because because he is trying “to help citizens in our country live a good life.” Passing legislation that is constitutional is apparently not important to Akaka and many of his colleagues. Imposing fines and prison time for violating an unconstitutional law are ok because Senator Akaka has “good intentions.”

If our system of government were still working, fear that the Supreme Court may declare a law unconstitutional might curb our politicians’ appetite to continually expand government power in the name of supposedly benign causes. Unfortunately, we have a Supreme Court where only four Justices still uphold the Constitution, four of the other five subscribe to some variation of Senator Akaka’s “good intentions” clause and one that flips back and forth.

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