Health care: Tell the Senate no, we will sue
November 12, 2009
Past and present members of Congress and cabinet members, have made it perfectly clear the U.S. Constitution means nothing. It is merely a prop and no longer of any concern to them. Here are but a few examples:
"The dirty little secret is that both houses of Congress are irrelevant...America's domestic policy is now being run by Alan Greenspan and the Federal Reserve and America's foreign policy is now being run by the International Monetary Fund [IMF]." And, "...when the president decides to go to war, he no longer needs a declaration of war from Congress." Robert Reich, former Secretary of Labor under Marxist Bill Clinton, January 7, 1999, USA Today
At the time of Bush's invasion of Iraq, CFR point dog in the House, Rep. Henry Hyde, [R-Il] stated that "declaring war is anachronistic, it isn't done anymore..." During the same time period, darling of the deaf, dumb and blind "liberals," Ranking Minority Member Tom Lantos, [D-Ca] called the declaration of war "frivolous and mischievous."
Judge Andrew Napolitano, November 6, 2009 : "When I recently asked Congressman James Clyburn, the third ranking Democrat in the House, to tell me "Where in the Constitution the federal government is authorized to regulate everyone's health care--, he replied that most of what Congress does is not authorized by the Constitution, but they do it anyway. There you have it. Congress recognizes no limits on its power. It doesn't care about the Constitution, it doesn't care about your inalienable rights, it doesn't care about the liberties protected by the Bill of Rights, it doesn't even read the laws it writes."
Marxist Pelosi's office actually issued a press release that compares this illegal, grotesque no 'reform' health care as comparable to automobile insurance - which of course, is the domain of the states: "On the shared responsibility requirement in the House health insurance reform bill, which operates like auto insurance in most states, individuals must either purchase coverage (and non-exempt employers must purchase coverage for their workers) – or pay a modest penalty for not doing so. The bill uses the tax code to provide a strong incentive for Americans to have insurance coverage and not pass their emergency health costs onto other Americans – but it allows them a way to pay their way out of that obligation. There is no constitutional problem with these provisions."
I've got news for Nancy Pelosi: There is a BIG constitutional problem. You people have crossed over to what can only be defined as treason. Open and in our face treason.
The outlaws in the House of Representatives who voted for the monstrous, grotesque no reform health care taxing scheme last week, just automatically assume (including Republicans) that we the people will do nothing except wring our hands and weep. That after the Senate passes some form of another junk bill, we the people will hold our nose and eat it.
Wrong. Just because the Outlaw Congress passes a bill and the usurper in the White House signs it, doesn't mean it is constitutional:
"The highest law of the land is the Constitution of the United States. The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The United States Constitution is the supreme law of the land, and any statue must be in agreement with it to be valid. It is impossible for both the Constitution and a law violating it to be valid; one must prevail over the other. The Sixteenth American Jurisprudence, (2nd ed., Section 256), states:
Sen. Reid and his co conspirators will try to shove some version of health care tyranny forward. The Republicans will play along with it by trotting out some form of 'compromise' instead of standing up and saying we have no legal authority to enact any of this legislation. If they did so, it would really shut down the process and force a show down -- a constitutional show down. But, no, the Republicans are gutless and instead, will go along with crafting their version of unconstitutional. Ron Paul does have a few bills that are meant to 'help' out the situation; I'll send those out in an email alert in the next few days.
"The general rule is that an unconstitutional statue, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose; since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it. A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby." Stephen K. Huber, Professor of Law, University of Houston
While the bills are being cooked up in the Senate, now is the time to take this by the legal horns or some version of the junk will end up on the usurper's desk. In other words, not just holding signs or sending emails. These socialists, communists and political whores in Congress need to be told that we the people will bury the government in lawsuits if any of these bills pass and are signed into "law."
The only reason this disaster continues to roll forward is because Reid, Pelosi - the whole bunch of them are so arrogant, they believe we will simply roll over. Just like Americans have been doing for decades. The defeatist attitude. In columns and on radio shows, I cite court cases that are victories for freedom and liberty and the email pours in: The courts are corrupt. Why bother with these bad judges?
Well, yeah, we have activist judges who should have been booted from the bench. But, we also have case law on the books that favors the Constitution and know what? Those cases didn't get won by themselves. There had to be plaintiffs willing to take on the corrupt government. That's how you win, not more complaining.
Who knows what the senate's version of the Bill from Hell will look like, but now is the time for individuals, health care providers and businesses let their U.S. Senator know we will not comply. How hard is that?
I have cited these cases over the years and this goes to health care providers. Probably not Kaiser, Blue Cross/Blue Shield and the other big HMOs. It appears they have cut deals with the devil and care nothing about the U.S. Constitution. However, all other health care providers: Congress has ZERO authority to dictate how you practice medicine and deal with your patients:
In Linder v. United States, 268 U.S. 5, 18, 45 S. Ct. 446 (1925), The court ruled: "Obviously, direct control of medical practice in the of states is beyond the power the federal government."
In U.S. v. Anthony, 15 Supp. 553, 555, (S.D. Ca., 1936) and U.S. v. Evers, 453 F. Supp. 1141, 1150 (M.D. Ala., 1978), the court ruled: "...The direct control of medical practice has been left to the states."
I can tell you the bill passed by the outlaws in the House has dozens and dozens of sections that are clearly in violation of what the courts have already struck down.
For employers: It isn't your legal obligation to provide health care to employees. Stand up and fight this Fascism:
Railroad Retirement Board, supra, 295 U.S., at 368, that Congress had no authority to establish a retirement scheme through its most tremendous power, its control over interstate commerce:
"The catalogue of means and actions which might be imposed upon an employer in any business, tending to the satisfaction and comfort of his employees, seems endless. Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. Can it fairly be said that the power of Congress to regulate interstate commerce extends to the prescription of any or all of these things? Is it not apparent that they are really and essentially related solely to the social welfare of the worker, and therefore remote from any regulation of commerce as such? We think the answer is plain. These matters obviously lie outside the orbit of congressional power."
Got that, Congress?
The nonsense that continues to be regurgitated by the lazy media that if you don't purchase health insurance the federal government somehow has the authority to fine and/or jail you -- I say BULL. I believe this individual "mandate" would be struck down by the courts if properly challenged. Neither the commerce or taxing clause would rescue this bill from being struck down by the courts:
"The other obvious alternative is to use Congress's power to tax and spend. In an effort, perhaps, to anchor this mandate in that power, the Senate version of the individual mandate envisions that failure to comply would be met with a penalty, to be collected by the IRS. This arrangement, however, is not constitutional either." In that column, these lawyers touch on exactly what Comrade Pelosi thinks she can get away with and that's tying health insurance to commerce and trying to extort the money from we the people using IRS thugs and jail to scare everyone. Is it any wonder Pelosi is despised by millions of Americans?
Comrade Obama/Soetoro also thinks that's a great plan. Fine my subjects!!!.
Really, Barry? In over 230 years, the federal government has never forced Americans to buy any product or service and now, not only does the Outlaw Congress want to do so, we will be raped in taxes to pay for this monstrous failure in the making.
Are we going to take this or fight back? Are we doing to stop this so that no bill ever gets to the usurper's desk?
Don't wait and don't use the holidays for an excuse not to act. Time is of the essence.
Employers: If you are a target of this legislation, now is the time to speak with others, join together and retain a good constitutional law firm that will file a lawsuit should a final bill become junk law. Multiple plaintiffs can really reduce the burden of legal costs.
Health care providers - corporations - you must do the same thing. I've read those sections of the House bill that set up more worthless paychecks to literally run medical practice inside the states of the Union. All of those health care providers out there that are against this massive take over and eventual collapse and destruction of health care - tell these arrogant power mad Senators that you will file lawsuits and will NOT comply with this unconstitutional shake down.
Individuals do the same: Hard copy letters to the U.S. Senate and tell them you will NOT comply. Send a very clear, very loud statement that no matter how many "versions" of this effort to hijack our health care system, Republican or Democrat, doesn't matter: we will NOT allow this power grab and new taxing scheme. If it happens, every facet of the private sector will be opened up and targeted for destruction by Congress -- mark my words. This will be just the beginning.
Tell them you will join with others (hopefully thousands) in filing lawsuits (using experienced, qualified law firms) to just say NO. We can defeat this once and for all. Not with holding signs or signing petitions, but telling these outlaws in the Senate that we will tie this "law" up in court for years. That we will not roll over any longer. We will fight in the courts and we will win.
Congress has NO authority whatsoever in any shape, form or clause to sell health insurance (just as unconstitutional as FEMA doing it for decades and getting away with it) and attempt to force individuals against their will to purchase it or extort money from them using threats of IRS thugs and jail time.
Burying Senators with snail mail letters will tell them that we the people, business and individuals, are willing to put our money towards hiring qualified legal teams to fight this disaster before it becomes another massive, entrenched failure like social security and Medicare. Before our rights are stripped away.
Threatening 1/3 of the senate with bouncing them out of office in November 2010 sounds nice, but that is a year from now. We must stop this from ever becoming "law" or we'll have to aggressively go for the courts to gut as much as we can.
Besides, they don't care any longer. These lawbreakers believe they are untouchable; crooks like John McCain and Lindsay Graham, who have sold out this country to every special interest group including ILLEGAL aliens.
Don't forget those criminals by the tens of millions. The House version of the bill requires only a picture and social security number which can be bought off the street corner for about $20 bux in most cities. This will open the flood gates for TENS MILLIONS OF ILLEGALS to get in on the government scheme cooked up in that House bill. Does anyone see the reality of what we're looking at? The Democrats will push hard to keep the language vague enough to allow tens of millions of illegals to lock into this massive rip off and simply suck us dry.
The Brady gun "law" was taken taken to court by two dedicated Americans at huge personal cost. They won. Had Richard and Jay not become the aggressors, there would be no Printz, Mack v. U.S. The same applies to U.S. v Lopez and other decisions in favor of the U.S. Constitution.
All these wins had plaintiffs or defendants that were willing to fight, not surrender.
This allegedly, supposedly is the version voted on by the House of Outlaws. Of course, Pelsoi and her comrades lie every time they open their mouth, so who knows what final text was voted on last Saturday night. Allegedly, supposedly, there isn't any bill yet from the Senate. But since they're all professional liars, I have no doubt their high paid lawyers are busy right this minute. What -- you think mush heads like Max Baucus, Carl Levin, Maria Cantwell, or Patty Pancake Murray write these bills? Please.
The important thing now is action by the three groups: Individuals, health care providers no matter your specialty and employers. We the people must make the Senate understand we mean business. So much pressure that in the end, they make up some political excuse and no bill will surface that "reconciles" with the mess passed by the House. Kill it once and for all. Otherwise, it's the hard route and off to court.
Details of the rape: What the Pelosi Health-Care Bill Really Says
Health Care Reform Assumes Millions Would
Pay Fine Rather Than Get Coverage
The Nanny State (and more lies)
Constitutionally ignorant, arrogant tyrants and their minions
U.S. Senate web site
Devvy Kidd authored the booklets, Why A Bankrupt America and Blind Loyalty; 2 million copies sold. Devvy appears on radio shows all over the country. She left the Republican Party in 1996 and has been an independent voter ever since. Devvy isn't left, right or in the middle; she is a constitutionalist who believes in the supreme law of the land, not some political party.
Visit Devvy's web site at: http://www.devvy.com. You can also sign up for her free email alerts.
Copyright © 2009 Devvy Kidd
All rights reserved.