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Sheila Jackson Lee Says Repealing ObamaCare Violates Constitution

By Philip Klein on 1.18.11 @ 4:59PM

Rep. Sheila Jackson Lee, a Democrat from Texas, said on Tuesday afternoon that repealing the national health care law would violate the Constitution.

Arguing that the Commerce Clause provides the constitutional basis for ObamaCare, Jackson Lee said repealing the law by passing Republicans' H.R. 2 violates both the Fifth Amendment's right to due process and the Fourteenth Amendment's equal protection clause.

“The Fifth Amendment speaks specifically to denying someone their life and liberty without due process," she said in a speech on the House floor moments ago. "That is what H.R. 2 does and I rise in opposition to it. And I rise in opposition because it is important that we preserve lives and we recognize that 40 million-plus are uninsured.

She continued, "Can you tell me what’s more unconstitutional than taking away from the people of America their Fifth Amendment rights, their Fourteenth Amendment rights, and the right to equal protection under the law?”

Jackson Lee mentioned the names of several people who she said would be helped by the national health care law, including a schizophrenic, a dialysis patient, and somebody whose mother cannot otherwise get dental care. “I know they would question why we are taking away their rights,” she said.

She went on to declare, “I’m prepared to stand, extend a hand of friendship, standing on the Constitution to enable us to provide for all the citizens of this country. This bill has been vetted. This bill is constitutional and it protects the Constitutional rights of those who ask the question: ‘Must I die? Must my child die, because I am now disallowed from getting insurance?'"

Her comments came during the floor debate on the Republicans' repeal bill, which is scheduled for a final vote tomorrow.

View all comments (56) | Leave a comment

BD57| 1.18.11 @ 5:10PM

Oh dear ....

At least we have the liberal definition of an entitlement on file - - - -

once it's passed, it's a constitutional right.

CalMark| 1.18.11 @ 5:16PM

What's even scarier than this speech, given by crazed Marxist ideologue Lee?

The voters who re-elect her, over and over again.

Andy Texan| 1.18.11 @ 10:46PM

I'm a "proud" constituent of the Congresswooomaaannnn Sheila Jackson-Lee. How dare you "slander" her 75% black democrat contituency! The Texas legislature has her firmly lock-in congress by loading her minority-majority with 80+ % democrats so that good republicans can be elected with 52% of the vote. By the way, Ms Jackson-Lee is a carpetbagger to Texas by way of Jamaica and NYC. She inherited district 18 when her black marxist predecessor Mickey Leland was killed in Africa.

Real American| 1.18.11 @ 5:19PM

See, it doesn't matter if the House reads the Constitution b/c the Leftards just make up what they think it means anyway.

Anne| 1.18.11 @ 5:20PM

Sheila's braids are waaay too tight!

Warrior| 1.18.11 @ 5:30PM

And the left calls Sarah Palin an idiot. Ms. Lee wouldn't know the difference between the commerce clause and Santa Claus. Wasn't she part of the group that visited Cuba and told us the Fidel Castro has done wonderful things with that country?

Dollface| 1.18.11 @ 7:10PM

To Ms. Lee and the loony left the commerce clause empowers Santa Claus (big government).

Nick| 1.18.11 @ 5:37PM

Sheila Jackson Lee is a functional illiterate.
Just like Steny Hoyer.

Negro X| 1.18.11 @ 5:46PM

If she were only illiterate there might be hope, but she is a retard and works hard at it.

WillyP| 1.18.11 @ 5:50PM

So now we have a constitutional right to be forced to buy insurance even if we don't want it? Wow!

The Founding Fathers are rolling in their graves.

TheLastBrainLeft| 1.18.11 @ 5:52PM

Does this idiot not understand that this.....is.....the.....due.....process....as set out by the Constitution.

OAG| 1.18.11 @ 5:52PM

I'm pretty sure they don't come any more stupid than Rep. Jackson-Lee.

I don't think she even knows what the Constitution is, let alone what it actually says and means.

Zander46| 1.18.11 @ 5:59PM

How Stupid!!! ObamaCare is UNCONSTITUTIONAL!!!! Man, these peps are STUPID!

Stan Redmond| 1.19.11 @ 10:04AM

You should see her district. I have the unpleasant task of driving that place every couple months for business.

toby928| 1.18.11 @ 6:05PM

She should ask NASA if the Constitution is by that Flag the Astronauts left on Mars.

hutch1200| 1.18.11 @ 6:06PM

One wrong interpretation of the Constitution...creates a Right to...X?
Where's my Marlboros and Valu-Rite Vodka (tm AoS)

George S| 1.18.11 @ 6:38PM

Even the Devil can quote scripture when it suits his purpose...

First of all, the Fifth also denies the taking of property (which includes money that will be confiscated to subsidize everyone else without returning any value to the victimized taxpayer) without due process, in addition to life and liberty -- but this doesn't suit the Devil's purpose, it hinders it.

Second, since every citizen will die, then death itself is... unconstitutional?

This is embarrassing, to say the least, that a member of Congress is such an out and out fool.

Deborah D| 1.19.11 @ 6:29AM

Elected official know less about the Constitution than the general public. Read it and weep:
http://www.aolnews.com/2011/01.....literates/

me| 1.18.11 @ 7:21PM

With a delusional liberal like Lee, it's more a matter of Commerce Clause vs. Sanity Clause.

h/t Chico

albert constantine jr.| 1.18.11 @ 11:07PM

As Chico said, "Everyone knows there's no such thing as a sanity clause".

David W| 1.18.11 @ 7:47PM

What is truly sad is she is from Texas. I hang my head in shame.

MarkJ| 1.18.11 @ 7:49PM

Sheila Jackson Lee: The "Simple Jackie" of politics.

JimC| 1.18.11 @ 8:02PM

Affirmative action on full display.

Baba Ganoush| 1.18.11 @ 8:09PM

Next to the Democrats' Sheila Jackson Lee, Sarah Palin is a true brainiac, an Einstein. I'm not going to wait and hold my breath until the nation's "paper of record," the NY Times, prints Jackson Lee's comments on its front page.

Bob Grant| 1.18.11 @ 8:23PM

Wasn't this the same genius who attempted to legislate a Michael Jackson national holiday?

Wm T Sherman| 1.18.11 @ 8:24PM

She must have inspired suppressed laughter in the House with this ignorant crap. She has not worked against repeal with this approach -- just the opposite, I would say.

Duke| 1.18.11 @ 8:39PM

All this constitution talk is popular now. Who says you have to comprehend the thing before adding it to your schtick?
(must be some right about that in there too)

Ezra| 1.18.11 @ 8:47PM

DON'T MENTION THE CONSTITUTION!

Someone might go on a killing spree.
/liberal

Kala| 1.18.11 @ 9:04PM

Sheila Jackson Lee wouldn't know what was Constitutionak if she tripped over it,

J.C.Eaton| 1.18.11 @ 9:30PM

Where is that goof who wrote in this space yesterday:"Thank goodness the adults[democrats] are in Congress, not on this site."Did you include this galoot in your pantheon of adults?

Joe Hamilton| 1.18.11 @ 9:43PM

Sheila Jackson is proving the recent rumor is true. She lost one of her 4 brain cells .

Peterk| 1.18.11 @ 9:53PM

Met Ms. Lee many many many moons ago at a fundraiser in Houston when she was first running for Congress. asked her a question about taxes. the expression on her face and the response she gave made me think I was a skunk at a garden party. I was not surprised when she was elected

Watch her on the SOTU broadcast. she'll be wearing a bright red dress and will manage to shake hands with the President as he walks into the House chamber. she could play linebacker for the Houston Texans the way she forces herself to the front row

nohype| 1.18.11 @ 10:42PM

Congressmen like this tend to come from safe districts, districts in which party label is the only thing that matters. There are a lot of them in Congress because there are a lot of safe districts.

Andy Pexan| 1.18.11 @ 10:52PM

Very safe: 80+% democrat and 70+ % black.

Maria Lima| 1.18.11 @ 11:46PM

And that other idiot Clyburn (is that it??? there's so many of them I forget) DARES to call Sarah Palin stupid???? When he's got 'colleagues' like this!? UNBELIEVABLE! She needs to get together with the guy who thought taiwan would tip over!!

nohype| 1.19.11 @ 10:03AM

It was Guam. The Congressman was Hank Johnson, and he is from a safe district Georgia that will never vote for a Republican.

Eypon| 1.19.11 @ 3:03AM

It is not that she hasn’t read it. It is that she does not care to read it. Sheila Jackson Lee is a national embarrassment and a joke.

Bob Miller| 1.19.11 @ 8:27AM

I'm sure Sheila's chauffeur know much more about our Constitution than she does.

sanderdog| 1.19.11 @ 8:42AM

Correct me if my old brain has forgotten: But, the constitution says in part' "provide for the common defense" and "promote" the general welfare. Right? Well, that being true, I noticed when the congress "people" were reading the constitution that the word "promote" was not stated. Was this a verbal slip, deliberate, or just deliberate attempt by so called " representatives" to rewrite what the document says. I have noticed several congress people use the provide word in place of the promote word. It is impossible for the governement to provide welfare for all of us. It has no money, just taxes on real people.

Alan| 1.19.11 @ 10:07AM

So let me get this straight; Congress passes a bill that becomes law but cannot pass a repeal bill because that repeal bill would not be constitutional. I think Rep. Sheila Jackson Lee has lost her mind.

MacDaddy| 1.19.11 @ 10:14AM

My Daddy would often tell me, "Better to keep your trap shut and let people think you are an idiot, than to open it and remove all doubt." This is a lesson Ms. Jackson Lee would do well to remember. Her rant is a frightening example of a lack of constitutional understanding by someone who swore to preserve, protect and defend it. In order to preserve, protect and defend it, first you must understand what it means. This person lacks the fundamental grasp of the English language to comprehend what the document means. Or...worse and scarier...she DOES understand it and is INTENTIONALLY mis-interpreting it to suit her desired ends.....either way, she should be impeached and removed from office....immediately!

akw| 1.19.11 @ 10:20AM

The congresswoman also thought American astronauts walked on Mars - and NASA is in HER district!

Aelius Rex| 1.20.11 @ 7:50PM

Nasa is in the 22nd District. Thank God.

liz| 1.19.11 @ 10:35AM

Considering that Sheila Jackson Lee was on her cell phone, when the town hall meetings were held to discuss health, and most of the democrats never read the bill. I doubt that she is qualified to say that its unconstitutional.

pride| 1.19.11 @ 11:59AM

Republicans have long been associated with business. It's their main constituent. ObamaCare hurts these businesses more than it hurts the American people, thus Republicans need to protect their interest and push for repeal. This isn't about doing whats right for the American people, which this legislation truly is (you'd know that if you read whats in it), its about protecting Republican interest and saving some face in the public. They've vigorously opposed any healthcare plans for decades and they finally lost. Of course this is only the view of what comes personally to mind. I guess I can start reading whats hot on the media about it and let that shape my mind...

Nolann Ryann| 1.19.11 @ 12:23PM

Ah the straight liberal talking points verbatim. Rs for business; Ds for the common man. Good lord you must think folks are as dumb or dumber than Sheila Jackson Lee. Why don't you check how much BIG Business shoveled into the Obama trough. I know it's difficult, but I'm sure you can pry yourself out of that cardboard box and get to a Starbucks or public library and look for some facts other than the DU talking points. This legislation isn't about anything other than perpetuating Democrat power at the federal level. It will turn this nation into a southern Canada. You clearly haven't read anything pertaining to this legislation, but thanks for your lame effort anyway. Mandates, rationing, doctor shortages, yeah the public has been waiting on those effects for years.

ertdfg| 1.19.11 @ 1:32PM

Yep, because nothing will help the common man more than damaging businesses, making jobs more expensive and rare, making people more dependent on government, and increaseing the federal debt.

When you are in massive debt, unemployed, and beholden to the government for any scraps you may get; remember that the democrats did this to you on purpose "for your own good". they were only thinking of your own good when they killed the economy; because somehow that is what is good for you.

If this is "right for the American people" sign me up for a double-helping of wrong. You can have my benefits;' and the $150,000+ in debt that the government has racked up for every man woman, and child. No worries, I'm sure owing $300,000 isn't a problem for someone as clever as you.

Oh, and you can have the 18 month waits for a hip replacement that Canada has as well; I'll keep the 3-5 months we have in the US now... I know, how can I survive without you "doing what is right for me"?

Cancer survival rates? I'll take the US's rate and you can have Britain's rate. Don't worry; you'll only be killing another 5-10% of all cancer patients every year. That's probably good for the people as well.

Please never try to do what is "good" for me; you don't seem to get what that word means.

Scotty Starnes| 1.19.11 @ 1:37PM

Hey Pride, the Democrats who passed the unconstitutional health care bill didn't read it. Ask Max Baucus and John Conyers. The government actuary, Richard Foster, told us through his Center for Medicare and Medicaid Services report, that ObamaCare INCREASES medical costs and insurance premiums. You see, the true goal of ObamaCare is to get Americans off employer-paid health benefits. Obama said this himself, but then again, you're one of those who feel for catchy campaign slogans I suspect.

FLharleyPM| 1.19.11 @ 5:36PM

Read the bill. There over 18,000 new tax 'increases' on individuals and businesses in the bill. The government does not 'provide' health care nor does it provide 'health insurance'. What the government does is create legislation to hinder the market from doing what it does best, sell its goods and services for a profit. I know that the word 'profit' is an evil word for you but you must understand that without 'profit', there would be no research and development of new drugs or new techniques in the medical and pharmaceutical 'businesses' that save lives. The imperial federal government does not do research and development of anything. Obamacare is a deception of mega proportions when you consider that you must start paying into the system for 4 years before the 'benefits' kick in. And what do you think happens to all of that money you pay in for 4 years? Yes, it gets spent on everything else but 'health insurance' or 'health care' because politicians, including the President, have lied about the real intent behind the bill.

LibsAreCommies| 1.19.11 @ 12:26PM

Man, the LibCommies are really grasping now.

Scotty Starnes| 1.19.11 @ 1:32PM

Remember, this is the same person who thinks there is two Veitnams and asked NASA if the Mars Rover took pictures of the flag, planted on the moon, by Neil Armstrong. Don't be shocked that this product of Congressional redistricting doesn't have a grasp of the U.S. Constitution or what the 5th and 14th Amendments mean. Good news: Sheila Jackson Lee is on the Judiciary Committee.

Ron B| 1.19.11 @ 7:15PM

Copied. Some of you will recall that on July 8, 1947, a little over 62 years ago, witnesses
claim that an unidentified flying object (UFO) with five aliens aboard crashed onto
a sheep and mule ranch just outside Roswell , New Mexico .
This is a well known incident that many say has long been covered up by the U.S.
Air Force and other federal agencies and organizations.

However, what you may NOT know is that in the month of April 1948, nine months
after that historic day, the following people were born:

> Albert A. Gore, Jr.
> Hillary Rodham
> John F. Kerry
> William J. Clinton
> Howard Dean
> Nancy Pelosi
> Dianne Feinstein
> Charles E. Schumer
> Barbara Boxer

See what happens when aliens breed with sheep and jack@$$es?
I certainly hope this bit of information clears up a lot of things for you.. It did for me.

No wonder they support so many bills to help illegal aliens!

mart| 1.19.11 @ 8:18PM

Lets please stop the name calling. Ms. Lee is a representative of the people of her district; and how lucky they are to have such a caring, intelligent, knowing, understanding person to represent them. Who said the constitution may be by the flag in Mars, you mean it is not?

vladdy| 1.20.11 @ 3:59PM

And the empty-headed left (includes the media) spends all their time talking about the "stupidity" (straight talk) of Sarah Palin. Too bad she wasn't born black.