Unconstitutional Acts

The Texter-in-Chief

If you need a new cell phone soon and don’t have a strong desire to get texted by President Obama, you may want to get around and buy one soon. Starting next year all cell phones will be required to have a special chip that will allow government agencies including the president to text you. This is being implemented as part of a revamped emergency notification system. The UK Telegraph reports:

From next year, new phones and other hand-held devices will be required to be fitted with special chips to receive the alerts, which will also be sent by state and local authorities. Users will be able to opt out of every type of alert except those from the president, said the Federal Communications Commission.

The system will include alerts about missing children and will supersede all other phone traffic to avoid delays.

Ok, so we can opt out of all of this except for messages from the president? Where does the president get this right from? Maybe I have overlooked the constitutional power of the president to text when reading the Constitution.

WE INTERRUPT THIS ARTICLE FOR AN IMPORTANT ALERT FROM PRESIDENT OBAMA: …

Just kidding.

Most likely the government will use this new power like it does so much else – incompetently. Alerts will go out after the tornado hit. But there is potential for tremendous abuse. How about on election day a targeted message to registered Democrats in closely contested elections to go to the polls?

You say it can’t happen? Well, probably not on a national level, but in places like Obama’s adopted hometown of Chicago where the dead routinely vote, I don’t see such abuse so far fetched.

And who can assure us that these new chips do not also track our location. Apple may be doing this already (although what they really track appears to be cell tower usage), but at least now we have a choice of phones. Starting 2012 the only choice will be the one with the government chip in it.

Ten days ago we rejoiced at President Obama’s correct decision to assassinate Osama bin-Laden. It was nice that he made a decision we could wholeheartedly endorse and that Obama had continued to utilize the tools and information infrastructure created by the Bush administration to fight the war on Islamofascism. It was a little embarrassing to hear the Obama administration’s contradictory statements explaining what happened so that they didn’t have to admit to the lunatic left that they simply wanted to kill bin-Laden and turn him into fish food. But we can’t get too worked up about this given the major achievement of killing the number one terrorist.

But don’t expect Obama’s success to change his agenda of controlling more and more aspect of our lives. Today it is the president’s new power to text. A few days ago it was a tracking device in your car so that you can be taxed on the miles you drive regardless of the fuel consumption. I did not make this up. The White House actually floated such a proposal a few days ago only to distance themselves from it in face of the controversy it raised. Their concern is that gas tax revenue will plummet when government subsidized hybird and battery-operated cars will reduce fuel consumption. And of course knowing our location at any point in time has lots of other potential abuses. Just wait for the mandatory tracking implant that you need to accept in order to be treated under Obamacare. (Note to leftist readers: I realize this is not part of Obamacare now. I just extrapolate from current policies to make my point.)

This blog focuses a lot on the coming financial crisis if we do not address out of control government spending. We should not overlook the dangers of increased tracking by government of our every move and the Obama administration’s desire to subject us to messages from the government regardless of our desire to opt out.

The Tea Party movement has just begun to challenge the decline of freedom in the United States. We have a long way to go.

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“They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. ”
– Benjamin Franklin

You may have seen this latest video (via Hot Air) of the shameful behavior of the TSA which should stand for Totalitarian Surveillance Authority.

If this were to happen to my daughter I would probably go to jail.

Why are Americans behaving like sheep led to be slaughtered when facing increasing government interference in our lives? Is there a point at which Americans will simply stop accepting the government’s actions and rise up against such abuses of power? Or are people so stupid that they actually believe that the TSA groping us when we board planes has anything to do with safety or preventing terrorism? It seems like many Americans have become total wimps when it comes to confronting the creeping totalitarianism of the Obama regime. There comes a point when blaming the politicians is not enough. A majority of voters elected Obama. Do people that throw overboard a freedom-focused culture of two centuries and accept government meddling in more and more aspects of their lives still deserve to be free?

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Today, President Obama demonstrated again that he is not serious about defending America against the biggest threat to our future: runaway government spending. He proposed a budget with a record $1.65 trillion deficit for 2012. No surprise there.

Republican House Budget Chairman Paul Ryan has offered an appropriate response about Obama “punting” on the budget crisis:

But let’s look a little deeper into the Republicans’ action on spending because we have been disappointed before. Last year, Republicans published a pledge to cut discretionary spending to 2008 levels, i.e. before the financial meltdown, TARP, the bailouts, etc. They promised that they would save at least $100 billion.

Over the past week, Republicans have stumbled in keeping that pledge when it comes to spending for the rest of the year. Rather than reducing discretionary spending to 2008 levels, they proposed initially to cut much less not from current spending, but from Obama’s proposed 2011 budget which was never passed. They have since increased the amount, but they still have failed to keep their promise to go back to 2008 levels. Radio talk show host Hugh Hewitt has covered this issue extensively on his show and on his blog.

Some Republican like John Campbell of California are trying to fix this issue in amendments that will be voted on later this week. See Hugh Hewitt’s “The Pledge-Keepers”: Congressman John Campbell’s Two Budget Amendments.

We hope that the Republican representatives elected with Tea Party support will support Congressman Campbell’s amendments and reject the position of Republicans that have been compromised by Washington’s culture of spending and still don’t get why we sent eighty-seven new Republicans to Congress in November.

Beyond this current test of Republican resolve, Republican will need to take the lead in having what Paul Ryan calls an “adult conversation” with the American people about the long-term spending on so-called non-discretionary items including Social Security and Medicare. No one advocates any cuts for current recipients and those who are close to retirement. But why do we have to wait decades to raise the retirement age? People today live longer and healthier lives. For example, what’s wrong with raising the retirement age to 70 for everyone under the age of 50 today? Paul Ryan’s Roadmap for America’s Future isn’t this aggressive on the retirement age, but it outlines a plan to return America to fiscal sanity avoiding the fate of Greece.

Opinion polls show that most Americans are still in denial about the need for spending cuts. A recent poll shows that most Americans have no idea that we cannot balance the budget without cutting more than foreign aid:

What Republicans need to realize is that the Tea Party movement recognizes the need for across-the-board spending cuts and Americans are more ready than ever for an adult conversation on this topic. The polls reflect a lack of understanding of what makes up our deficit. This is the time for Republicans to inform and educate the public about what needs to be done to achieve what the vast of Americans agrees is necessary in principle.

Americans who want us to return to constitutional limited government have a responsibility to understand that this is our last chance to avoid a financial catastrophe and that this will require not just cuts, but elimination of entire programs. Republicans have an unprecedented opportunity to lead, inform and educate people. If they fail to do so, they will lose support of the Tea Party movement in 2012 and we will most like be faced with a ruinous second term for President Obama.

In leading and being frank about the issue, Republicans take the risk that not enough people will understand the message and will reject them in favor of the Democrats’ fairy tales about a government that caters to everyone. That is a risk worth taking. If they succeed, they will be responsible for what Allen West recently called a “new dawn for America” and they will be the trusted majority party for a generation. If they honestly and effectively advocate limited constitutional government and a majority of Americans reject their message, then they will at least have offered American a final chance to keep the principles the United States was founded on.

If we do nothing to change the current state, a decline of America is inevitable. The American people today face a huge responsibility in prevent this decline. But America needs leaders that can show the way to a new dawn with confidence. Republican must not shrink from the task ahead when they face inevitable lies that they will “hurt the poor” or that they will “cut your Social Security.” Everyone benefits when individual initiative is valued and the government stays out of our lives except where it is absolutely needed. When America prospers, we can be generous with those in need. Will Republican leaders have the backbone to stand up to the demagogues of the Left or will they revert once again to caving to the demands of the Left in the media and the Democrat Party?

Watch what happens and contact your representatives and senators in the coming weeks and months and urge them to stand firm in support of constitutional effective and efficient government and in keeping American free.

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Judge Roger Vinson

After federal Judge Roger Vinson declared Obamacare unconstitutional on Monday, Florida Governor Rick Scott has announced that Florida will not waste any more time and money on further implementing any parts of Obamacare. Good for Florida.

Meanwhile the Obama administration is planning to continue implementing the law in direct violation of the judge’s order. Imagine the media outrage if George Bush had ignored a federal court ruling.

Judge Vinson chose to use the original tea party to illustrate the absurdity of claiming that our constitution grants the government the right to force people to buy health insurance:

It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place. If Congress can penalize a passive individual for failing to engage in commerce, the enumeration of powers in the Constitution would have been in vain for it would be “difficult to perceive any limitation on federal power” [Lopez, supra, 514 U.S. at 564], and we would have a Constitution in name only. Surely this is not what the Founding Fathers could have intended.

The full text of the ruling can be found here.

The judge also referred to a Reason TV debate between conservative law professor John Eastman and liberal professor Erwin Chemerinsky on the individual mandate and the Commerce Clause. Watch “Wheat, Weed and Obamacare” to understand why a federal ruling finally putting a limit on what Congress can do under the Commerce Clause is so important if we want to preserve any limits on the power of the federal government. It is well worth investing ten minutes to watch this debate:

Judge Vinson’s ruling will eventually go to the Supreme Court possibly in 2012 just before the election. It is likely that a 5-4 majority will either uphold or overturn this ruling. Let’s hope that Justice Anthony Kennedy, the swing vote on the Court, sides with Judge Vinson and the Constitution.

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The House of Representatives today passed H.R.2 – Repealing the Job-Killing Health Care Law Act in a 245 – 189 vote. Three Democrats joined the Republicans in voting to repeal Obamacare.

The left-wing media keeps saying that this vote is just symbolic because Harry Reid will not allow a vote on repealing Obamacare in the Senate and, even if he would, President Obama would veto the bill. They miss the significance of this vote: House Republicans elected in November promised to vote to repeal Obamacare. They represent the American people and have kept one of their most important election promises.

By demonstrating that the Senate and the President are obstacles to implementing the will of the people, House Republicans are offering Americans a clear choice in the next election. If you want to repeal Obamacare, you will need to throw out enough Democrat Senators to take control of the Senate and you will need to defeat Obama.

Over the next two years, Republicans can take other steps to dismantle Obamacare. These include not funding the massive bureaucracy that is supposed to be put in place including 16,000 IRS agents to enforce the individual mandate. Court challenges by the states of the constitutionality of Obamacare will proceed and will eventually end up in the Supreme Court. If Justice Anthony Kennedy votes with Chief Justice Roberts and Justices Scalia, Thomas and Alito, the individual mandate will be declared unconstitutional.

Democrats try to argue that Obamacare does not kill jobs and increase the deficit. Watch Rep. Paul Ryan demolish their argument:

The repeal of Obamacare will require sustained a effort over the next two years. This fight is at the center of the struggle for the soul of America and will determine whether we continue to slide toward irreversible European socialism or begin the return to American principles of liberty.

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