WASHINGTON — My guess is that Judge Roger Vinson of the
Federal District Court in Pensacola, Florida, is an amateur
zoologist. Judge Vinson is the federal judge who ruled Monday that
those who confected Obamacare cannot compel the citizenry to buy
health insurance. Moreover, he found that because of the way the
2,600-page bill is created without any “severability clause” that
makes the entire law unconstitutional. The authors of Obamacare
declared that without mandatory insurance the whole bill was
unworkable. Mandatory insurance was not severable from the law.
Hence Judge Vinson, because of the way the bill was constructed,
threw the whole law out. Now it is up to the Supreme Court to
breathe life into this legislation or to bury it. I say
RIP.
As learned as Judge Vinson indubitably is — in the course
of his meditations on Obamacare he reread the Constitution, The
Federalist Papers, James Madison’s notes at the Constitutional
Convention, certain cogitations of Chief Justice John Marshall and
more — the erudite judge surely noted a zoological curiosity.
Conservatives and Liberals are so different as to be drawn from
distinct species of political animals. To me, the conservative has
always appeared to be some form of mammal. The Liberal is
reptilian. I could be wrong. I wonder what Judge Vinson might
say.
We saw this difference at work during President Barack
Obama’s dogged pursuit of his suicidal legislative bomb called
Obamacare. Prior to that, we saw this difference at work as
President Ronald Reagan pursued an issue equally dear to his heart,
the banning of abortion. In wanting to ban abortion Reagan had a
goodly number of the American people behind him, though not a
majority and certainly not a large enough number to burden the
remainder of the American people with an abortion ban. Reagan
settled for arguing his case. He relied on persuasion. He tried to
build a majority behind banning abortion. Perhaps he picked up some
support, but he did not envenom an already divisive issue by
forcing an abortion ban on the American people.
Obama did envenom an issue, healthcare. Recall fifteen
months ago when the Hon. Pelosi responded to a reporter’s inquiry
about the constitutionality of mandatory insurance? Said she with
her trademark urbanity, “Are you kidding?” Well since then she has
lost her speakership. The Democrats have lost their majority in the
House. They almost lost it in the Senate. And Judge Vinson, and
earlier Judge Henry E. Hudson, agreed with that unnamed reporter.
He had a point.
Liberals and conservatives seem to see things differently.
Sometimes the Liberals see “inactivity” as “activity.” The
conservatives see inactivity as… well, inactivity. In the case of
Obamacare, the Liberals see the ordinary Americanos’ failure to
purchase insurance, sometimes until they absolutely need it, as
increasing the cost of healthcare for everyone — in other words,
“activity.” Thus they will penalize anyone failing to buy
healthcare with a tax to pay for God knows what. In the world of
Obamacare we all have costly healthcare. Some pay and some do not.
We are all one big happy family.
This is where the Commerce Clause of the Constitution
comes in. The Commerce Clause was originally intended to eliminate
the interstate trade barriers that existed under the Articles of
Confederation. Yet since the New Deal it has been expanded upon so
that at least up until the time of Chief Justice William Rehnquist
it gave license to almost anything a Congressional majority wanted.
The Congressional majority was even permitted by the Court to
prohibit a farmer from growing on his own farm wheat for his own
consumption. Now along comes Judge Vinson arguing that the Commerce
Clause applies only to “clear and inarguable activity,”
not clear and inarguable inactivity. As the Wall Street
Journal editorialized in the wake of Judge Vinson’s decision,
“It never applied to inactivity like not buying health insurance,
which [to quote Judge Vinson] has ‘no impact whatsoever’
on interstate commerce.”
Doing so would be significant. It would create a totally
centralized government. That is to say, a government that can do
almost anything. It would be unlimited government, which is another
difference between conservatives and Liberals. We want limited
government. They do not.
Bill Hussein O'Stalin| 2.3.11 @ 6:22AM
For the better part of a year Obamacare bogged the Congress and the country down. No better job killer could have been designed and/or conceived then Obamacare.
While Congress fiddled with this health care dictatorship the number of unemployed continued to grow and not prosper.
The whole episode appears to have been a waste of time and many in Congress, including the Republicans better tack off of this subject and get back to job growth.
The public is savvy enough to understand the connection between job opportunities and the elimination and wholesale shut down of many government functions and regulations.
The real story in America is that income continues to fall as many high paying jobs are being divided and converted into lower paying jobs. Even at that many of those opportunities are being shipped overseas.
The real brass ring is job growth. The Republicans should drop everything else and start shutting down government operations that stand in the way of that growth and there are thousands of them. That's the scary part and that's why no one wants the risk anymore.
The risk is all with the public and no risk whatsoever for the government. Almost sounds like a dictatorship, doesn't it?
Brian Mc| 2.3.11 @ 6:47AM
Your final thought is quite intriguing, Bill. By wishing government would step into their lives, to remove all risk results in more risk than the wisher realizes.
Tom Osterman| 2.3.11 @ 10:16AM
With all due respect, this isn't just about jobs. No politician says "We have too many people working, and if Big Business won't lay some of them off, the government will." The Stimulus was supposed to keep unemployment from getting worse, or so said Joe Biden.
The issue is whether or not the Democrats will be allowed to keep on grabbing power, jobs or no jobs, Constitution or no Constitution.
Grzmlyk| 2.3.11 @ 10:27AM
Unfortunately, we have long since reached the tipping point; Republicans my nip around at the edges, but they lack the political courage to do any real cutting. As Reagan said, the closest thing to immortality on this earth is a government program.
And when you think about it, it is an indictment of how sick our society is that a politician has to have supernatural political courage to take even modest steps toward saving this country from a decline and fall that is on a par with that of the Roman Empire.
We live in an America that has, as a body politic, approved the bread-and-circus-laden nanny state and embraced a toxic stew of fascism, socialism and Marxism.
In order to achieve this utopia - or at least keept the goodies coming from Washington - we have, as a country, agreed to continue kicking the can down the road in spite of the dire consequences, by any means necessary.
This will end in hyperinflation and the transformation of America to second- or even third-world status. At the very least, we'll become a client state of China, reliant on its good graces to save us from Islam.
The GOP won't do anything substantial to undo this mess because a critical mass of people in this country don't want it to. It's not just Obamacare. It's the whole metastasized government. The cancer has reached every vital organ that makes this country work. The patient is terminal.
Cutting a tumor here or there may look like progress, but it is over. It may take 10 years or 50, but our best days are behind us.
Ken (Old Texican)| 2.3.11 @ 11:16AM
Grz
Goo0d post.
I'm going to take a different tack however. I honestly think there is going to be an "event" sooner than later that is going to "re-shuffle the deck"
In microcosm: the ultimate pacifist father experiences a home invasion. Not owning a gun of course, he grabs a mop or a broom for self defense and defense of his family.
That doesn't work too well though. His wife and kids are brutalized, and he is beaten, (or shot), to within an inch of his life.........but survives.
Now, the first thing he does ...from his hospital bed...is order a serious door-lock and alarm system for doors and windows. Good! Then he decides upon "defense in depth" and buys a couple of "stand alone battery powered motion detectors". Good!
Perhaps he buys a couple of aluminum baseball bats...or better yet...a couple of six-foot long quarter-staffs and places them strategic locations. Good!
Regaining his mobility, he realizes that he is not really strong enough or nimble enough to fight off stronger more nimble invaders. Good!
He finally decides that his very saddest option is staring him right in the face.
He goes to his local sporting goods store and looks at the pistols.
While standing at the gun counter he overhears a discussion from a fellow citizen deciding to upgrade to a shot-gun due to his pistol's shortcomings in a recent dust-up.
Hmmm, our man thinks. Maybe I should get both a pistol AND a shotgun...and some tactical training.
OK Grz, you are seeing the gist.
Now,
In a macrocosm analogy:
We have a LOT of pacifists in our country, politically, economically, and yes, certainly physically.
They are swimming hopefully in a "school"...hoping for safety in numbers...hiding in the crowd.
My thought is that the brighter (certainly a minority) of those pacifists have heard the first blow on the front door.
They are waking up as their alarms are going off.
Instead of grabbing a "mop" however, they may know one of us obstreperous free men who have more than one metaphorical gun...and we can loan them one of our spares.
That blow on the door may be from our own government, or it might be an international "event", or it might be one or more of of our "underpriviledged bretheren".
We free men must stand alert...armed with reality, with a metaphorical spare...
I believe we are.
God bless America
Ken in Tyler| 2.3.11 @ 11:21AM
Brilliantly stated and from a human standpoint quite precise. Thankfully we still have the hope of the promise in II Chronicles 7:14. This mess is beyond fixing in human terms but nothing shall be impossible if we as a nation will return to the faith and principles of our Founders.
"And can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are the gift of God? That they are not to be violated but with His wrath? Indeed I tremble for my country when I reflect that God is just: that His justice cannot sleep forever." Jefferson
IzeHavitt| 2.4.11 @ 1:26AM
Grz, Allow me to inject a little cheer!!! Not for nothing did Jesus of Nazareth say:"Have faith in God." Our very currency says that we do. And that may seem mere sloganeering to many, but it counts with You-Know Who. The scripture also reminds us:"Whosoever walks wisely shall be delivered." That, too, is a promise of God. Claim it, in the Name of the Lord Jesus Christ. Can't hurt. Finally, I am told that it was eighty men who agreed to the Declaration of Independence. Just eighty. And they changed history. We must do the same.
Curtis Rasmussen| 2.3.11 @ 3:16PM
Eliminate withholding so that people have to write the government a check at tax time. There would be a citizen revolt when the costs are not so muted.
KY Kernel| 2.3.11 @ 4:55PM
CR, you have a good idea in theory, but I think you'd have a revolt of the employees, military, and contractors long before April 15.
GavInTucson| 2.8.11 @ 3:33AM
Good post, Grzmlyk. I agree. We're already finished. Collectively, we just don't know it yet. The general American collective is too busy worrying about who will be the next American Idol judges, contestants, etc. They're too busy twittering their intellectual bowel movements for the edification of the public. They're too busy texting their friend standing right next to them, lest their Facebook profile suffer. They're too busy pontificating why Conan Obrien's hair is the way it is. They're busily trying to analyze how many riffs Christine Aguilara hit during a single syllable of the Star "Mangled" Banner while butchering the words completely.
America is rapidly going the way of the movie, "Idiocracy." Unfortunately, we can't simply hit the eject button and switch realities. More and more, we're metaphorically getting into a debate as to whether plants like "toilet water" or the "electrolytes" they crave.
Chalkdust| 2.3.11 @ 10:52AM
BHO....I've examined your post from several different angles and "tongue in cheek" is the only one that seems to fit.
I am of the mind that our federal legislative bodies (dead, half-dead or otherwise) can walk and chew gum at the same time. ObamaCare is a jobs killer, of that there can be no doubt. So, repealing that rotting cadaver and say...enacting drill baby drill laws, pro-nuclear power generation laws, fixing our national borders, driving a stake in the heart of EPA's job killing regs/rules (all of these are pro-job activies) is something 435 men and women can be working on simultaneously.
Bill Hussein O'Stalin| 2.3.11 @ 2:41PM
To: Chlkdust
If that's the case then explain why the country shut down to pass Obamacare. That's all the legislature did for half the year. The process ended in disgrace, with many bribes being used to pass the bill. No, they can't walk and chew gum at the same time. Unless they are being bribed to do it.
Nunya| 2.3.11 @ 11:24PM
Bill, I say-- Not even if they're being bribed, or whatever else excuse they can connive in their minds. I think it's time to remind the ruling class that it's We the People that are in charge... (just sayin')...
Nunya| 2.3.11 @ 11:24PM
Bill, I say-- Not even if they're being bribed, or whatever else excuse they can connive in their minds. I think it's time to remind the ruling class that it's We the People that are in charge... (just sayin')...
Chalkdust| 2.4.11 @ 6:29AM
BHO...lack of leadership....plain and simple.
Appleby| 2.3.11 @ 6:49AM
When computers came into everyday use, their first effect was to eliminate many low-paying jobs by folding them into higher-paying jobs, but (at least in the case of secretaries) not providing more pay for the newly configured jobs. That is, everybody is now doing work that used to be done by lower-paid employees for the same money they were getting when somebody else did that work.
At the insurance company where I worked at that time, a 10-woman typing pool was eliminated and 3 word processors (which used to be what they called the machines) replaced them; within a few years those three were also eliminated and their work given to the secretaries. At our law firm, the younger lawyers do much of their own typing, which they cannot charge to the clients, and the secretaries type for the older lawyers while still doing secretarial work and frequently doing work that used to be done by law clerks.
When costs go up due to the government forcing companies to pay for the Goodies said governments pretend THEY provide, this trend accelerates. Hence the problem we have now -- that the secretarial corps is aging quickly toward retirement and there is nobody coming up through the ranks to replace us, because the lower eschelon from which secretaries came has been eliminated to save the cost of Goodies.
As we used to say in the Sixties: DONT DO ME NO FAVOURS!
coal carrier| 2.3.11 @ 7:55AM
Little by little our manufacturing base is going away. Our government needs to work with the job providers and not against them. The reptiles just don’t understand that at some point we will not be able to sustain our standard of living by just selling hamburgers to one another. Take a look at this video.
http://apps.detnews.com/apps/m.....hp?id=1189
FREE tea| 2.3.11 @ 8:16AM
---AGAIN, stop with the sideshow distractions!
Get on to the GATT sell off of our ENTIRE economy ---and the only card left in the deck
of lucid sanity -----TREASON.
Lullabys, Legends and Lies| 2.3.11 @ 8:19AM
I'm sure some welfare recipients see the inactivity of waiting around for their monthly Government paycheck as some sort of meaningful activity-killing time-wasting their lives away-stealing from their sucker neighbors the Taxpayers. That's activity, right? Nothing is respected and valued, unless it's earned the hard way, when it's just handed to you, it has "no" value (except Christmas & Birthday presents of course).
Cut now, cut everything!!
Anthony| 2.3.11 @ 9:46AM
As Mark Levin has pointed out, we are in a constitutional crisis. The administration and its hacks in the LSM have been silent on the implications of Judge Vinson's ruling.
Levin is right, Obozo and his justice department are simply wishing this away, full speed ahead with HSS.
If this was a Republican president, the LSM, in mass, would be demanding to know if the president was going to defy a federal judge who has delcared this legislation unconstitutional in toto. Instead, silence and complicity from the 4th estate. Truly shades of Nixon X 2, except this time,Woodward and Burnstein are all in with the administration. No deep throat here, except the media with Obozo.
We are in uncharted territory. The Executive Branch, one half of the Legislative Branch, and the media are in dereliction of their duties and responsibilities. The courts are a jump ball, depending on the judge or the circuit and the panel.
While the LSM does a 3 card monte, 24/7 on Egypt, the rest of us best not forget the crisis at home. Since Obozo and the left love the demonstrations in Egypt as expressions of freedom, perhaps they won't mind when the American people rise up, if this administration continues its lawlessness.
Things are going to get hot around here, and it will have nothing to do with AGW.
John Navratil| 2.3.11 @ 10:05AM
Anthony,
Surely you cannot be talking about our President. Why just the day before yesterday he assured us that the voice of the people must be heard for a government to be legitimate. He was talking about Mubarak, of course, but I take him at his word, don't you ;)
Al Adab| 2.3.11 @ 2:24PM
We absolutely take him at his word. After all those peaceful protesters in Cairo deserve to have their voices heard unlike those nasty, bigoted, violent groups that gathered on the national mall to redress their grievences.
Deborah D | 2.3.11 @ 10:51AM
"Lawlessness" is the correct word when discussing this administration. We have the EPA saying it will go ahead and write its own laws to establish cap and trade since those writers of laws -- known to the American people and the Constitution as the legislative branch -- decided cap and trade was not a good idea for our economy. Obama says he'll veto any law Congress writes that would restrict the EPA from regulating our companies to death. But, he's all about jobs. Right?
Levin is correct. We are in a constitutional crisis, in more ways than just Obamacare. This is a lawless bunch. They don't listen to courts. They don't listen to Congress. They don't listen to the American people. They make it up as they go along, and the Fourth Estate just yawns while our country goes over the cliff. Frightening, isn't it?
Dan Hirsch| 2.3.11 @ 11:03AM
Emmett,
Don't be so dad-gummed pessimistic. Twenty four moths ago the thought of conservative activism was unthinkable. Today, it is the most potent political force in our country.
Remember Reagan talking about the unborn - in the 80's the NARAL crowd owned the issue with JQ Public. Today, they are in the minority and that minority seems to be shrinking. Roe v Wade is written on paper, not stone or hearts.
Remember the first oil shocks of the 70's? 55 mph as federal law seemed to be forever. It went away. Listen to the MSM people, spitting and hissing at ANY effort to repeal Obamacare.
Don't quit now! Americans love "Change."
Don't tread on us!
Ken (Old Texican)| 2.3.11 @ 11:24AM
Dan, Grz,
please see my post above.
thank youse :~)
Oldefarte| 2.3.11 @ 11:24AM
Wait, Bob, do you mean to tell us that THE GOVERNMENT CANNOT DO ALMOST ANYTHING?????????
Louis Jenkins| 2.3.11 @ 11:38AM
That is to say, a government that can do almost anything. It would be unlimited government, which is another difference between conservatives and Liberals. We want limited government. They do not.
Good article Mr. Tyrrel, but that's why you're here. To show the difference. Obviously we're your greatest fans, but don't count on adoration over at the Huf Po. They will continue down the disaster filled government does everything road until their horse collapses, and then wonder "what happened?" And an old man will tell them they "road it to death." Then the jackanapes will ask, "Where will we get the gifts to give?"
jon | 2.3.11 @ 11:39AM
You want to talk about conservatives and their conspiracy theories, here's one:
Obama was actually built up by conservatives to get into the White House and destroy liberalism for the next generation. For reasons that frustrate me to no end, Lord knows he's been a more effective weapon against liberal politicians than conservatives simply being fearless and articulating conservatism.
I guess actions speak louder than words, and the actions of liberal politicians have spoken clearly. And Americans paid attention.
Jon
www.gutfeelingbook.com
cuban pete| 2.3.11 @ 12:06PM
G-man, Old Tex, Anthony, Appleby,LLL,Deb D, John N. Oldefarte, Louis J.,
The big guns are out today.
Thanks as always,
cp
star | 2.3.11 @ 12:55PM
With all due respect, this isn't just about jobs. No politician says "We have too many people working, and if Big Business won't lay some of them off, the government will." The Stimulus was supposed to keep unemployment from getting worse, or so said Joe Biden.
The issue is whether or not the Democrats will be allowed to keep on grabbing power, jobs or no jobs, Constitution or no Constitution.
free download
David W| 2.3.11 @ 2:25PM
Has anyone suggested that we "mammals" force the government to reject the "waivers" that the former supporters of the healthcare law have been granted. I can't think of anything that will turn the SEIU and other groups into supporters of repeal than to force them to follow the same law that they forced on so many others.
Uli Kunkel| 2.3.11 @ 5:06PM
Going to borrow a point here: Who in their proper mind would voluntarily put themselves up for self-imposed subjugation by government? Answer; Brain dead leftists, democrats, alas the Obama voters who succeeded in dumping this mess on America...
Clint Lovell| 2.3.11 @ 5:30PM
The difference is the interpretation of how life evolves. Conservatives believe all life comes from God and the glory of God being expressed in all its magnificence is too special to get in the way of. We are all God's children. Liberals see life as a tool and a resource for them to manage for their exclusive entertainment and enlightenment. The glory comes from them and because they believe in nothing they fall for everything. As a result they all too frequently fall into traps of their own making and believe they are capable of things that are impossible in the name of self-aggrandizement at the cost of all else.
Ken (Old Texican)| 2.3.11 @ 6:06PM
Good words, Clint!
TRUE tea| 2.4.11 @ 12:09AM
---"IF we defeat the Globalists --"
(THINK NGO's, Foundations, RIIA, CFR etc.)
"---history will look back on this as the largest
campaign of covert genocide in ALLL human history."
-ALEX JONES
John Carnal| 2.4.11 @ 1:07AM
Mr. President, show us your papers! [pass it on]
Timely Renewed | 2.4.11 @ 1:46AM
Judge Vinson's decision is good news, and we all hope that it will prevail when Obamacare finally reaches the Supreme Court two years from now. However, that is not certain, and there remain substantial political powers who regard this vast extension of federal power as constitutional based upon the Supreme Court's vast expansion of the interstate commerce clause since 1937. The only sure way to stop not only Obamacare, but the innumerable other ways in which the federal government has increased its power beyond the original scope of the Constitution, is to reverse those Supreme Court cases and restore the interstate commerce clause to its original meaning. Given how entrenched these Supreme Court precedents are, this will require a constitutional amendment restating the original, very limited scope of the interstate commerce clause. See http://www.timelyrenewed.com
rto| 2.4.11 @ 12:00PM
America “was once” a wealthy nation…but today….we are the greatest “debtor nation” in the world. Our government “shows” a yearly deficit of - $2/3 Trillion Dollars – “an official national debt” - of $14 Trillion Dollars - “and a true amount actually owed” - which is never heard – seldom spoken - and only occasionally seen.....of somewhere north of $100 Trillion Dollars.
In the1930’s – FDR brought us “The New Deal” – which also created for us.....Social Security. The 60’s – JFK gave us “The New Frontier” and also in that decade - LBJ’s – “Great Society” - began “the war on poverty” in America. All of these initiatives - or in part were born....to eliminate poverty and racial injustice in this country. Eighty years later, and $10 Trillion Dollars (since the 60’s) these great social programs have shown us what? We still have our poor.
This year, we will spend $1.837 Trillion dollars (or 28% of all expenditures) on social programs for the poor and less fortunate in this country. We in America have federal programs for the poor that pay and provide for housing. We give the poor money to clothe their children, to pay for their breakfast and lunch in school. We have a food-stamp program to feed them – and subsidies, which pay to heat and cool their homes. We even pay for their children to go to college…if they qualify academically and want to go.
America does not and have not - abandon our poor – we just give them every reason….to stay poor. Our government, over the past 45 years, did not give our poor a helping hand to lift them up – it did not provide them with the tools to hold a job – or make a better life. Our government did not give the poor the tools to succeed. What our government did do - was give the poor every reason.....to stay poor. So this year we will throw another $1.8 trillion at our poor and needy….and that my friends….is $11.8 Trillion down a 45 year old toilet.
We are no longer a country that feels it can stand on its own. A country that can feed itself, clothe itself or care for itself. Today we’ve become a country dependent on others - and worse - on our government – to give the “have nots” what they don’t own – and to satisfy those.....that don’t deserve. We are no longer a rich country – we are a nation in decline. We have officially become…”a beggar nation.” And after 80 years of planning - the liberals - have finally completed the transformation of our country; a country once founded on the economic principle of capitalism - and replaced that system - with beggarism.....
firebrand| 2.4.11 @ 1:37PM
I like to walk in the rain. Obama cannot compel me to buy an umbrella. If we all wrote a short letter to Obama once a week (stamps are still only 44 cents) telling him, in addition to not being able to make us take Obamacare, how else he cannot interfere in our lives - -the White House would at least have a lot of paper to re-cycle.
Senator Pete Domenici (sp) has a flock of children, twins among them, I believe. One day he was feeling the neglectful dad and made it a point to stay home for some quality time. His twins were glued to the television set. He tried to roust them out to go to the park. Finally one of them said, "You is just a senator, you is not the King." He told this story on the floor f the Senate years ago.
Apparently Obama has not been told. We could tell him in ways better than polls. E-mail is easy to dispose of. Paper piles up.
What,? You say writing a letter is too much trouble? Obama is too much trouble. Lethargy is what got us Obama.
weddingdress | 7.15.11 @ 5:23AM
We absolutely take him at his word. After all those peaceful protesters in Cairo deserve to have their voices heard unlike those nasty, bigoted, violent groups that gathered on the national mall to redress their grievences.
العاب بنات | 4.11.12 @ 4:05PM
And can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are the gift of God? That they are not to be violated but with His wrath? Indeed I tremble for my country when I reflect that God is just: that His justice cannot sleep forever.