Since the Supreme Court ruling reversing the 1990 case Austin v. Michigan Chamber of Commerce, and the unconstitutional provisions of the 2002 McCain-Feingold campaign-finance law, are of a First Amendment disposition, prefacing this and all related articles with the First Amendment would be prudent:
Perhaps somewhere along the line I acquired an egregious misunderstanding of the premeditated and calculated limited powers granted to the Congress and the Executive Branch by the United States Constitution.It has always been my understanding, and also the understanding of a few antediluvian and currently extraneous thinkers like Thomas Jefferson, George Washington, John Adams, James Madison, Ben Franklin, et al., that according to Article I Section VII of the United States Constitution, the two legislative bodies, the House of Representatives and the Senate, were granted the exclusive power to write, have an open and honest debate, then call for a vote on a bill. Then they send it to the president, and if he chooses to sign the bill, it becomes law. The cardinal power of the Legislative Branch of the United States Federal Government is to make laws.
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| Tags: Cadillac Insurance Plans, Labor Union Writing Legislation My interest was piqued by the title of the article, Why the Stupak Amendment to the Healthcare Reform Bill is Unconstitutional, by Marci Hamilton. Assuming the title was surely a play on words, as the title is nonsensical in nature, and even within the confines of the mildly learned, the Stupak Amendment was the only component of the health care reform bill that could remotely be construed as constitutional, I settled in for an au courant display of constitutional prowess. The author, Professor Marci A. Hamilton, according to her profile, holds the Paul R. Verkuil Chair in Public Law at the Benjamin N. Cardozo School of Law, Yeshiva University, where she is the founding Director of the Intellectual Property Law Program. She has been a visiting scholar at Princeton Theological Seminary, the Center of Theological Inquiry, and Emory University School of Law.
The health care reform bill that passed the House of Representatives, as well as the language in the Senate’s health care reform bill, have generated an unhealthy and contentious debate regarding the limited versus unlimited powers of the federal government. This is a debate about the soul of the United States. The heart and soul of the Constitution and this country’s founding principles are threefold: 1) individual rights and liberty, 2) free market ideas and national free trade, and 3) an expressly limited federal government. Barack Obama and the Democratic Party have shepherded Congress’ blatant usurping of the Constitution by violating all three of the above founding principles, which would be unprecedented, if not for FDR’s monarchical reign.
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| Tags: Commerce Clause, Health Care Reform U.S. President Barack Obama and various world leaders have decided to delay the legally binding climate treaty until at least 2010, with a concessionary tone that alluded to the possibility of delaying beyond 2010.
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| Tags: Copenhagen Climate Treaty There are two distinct methods the Democrats have used to write unconstitutional laws. The first is through malice. This method has been employed since FDR by the continuous chipping away with the uncontested usurping of the document by a political sect that harbors a stalwart disdain and insolent disposition regarding the Constitution, its limited constraints on the federal government, and by proxy, the Founding Fathers. Currently Barack Obama and his acolytes in Congress have elevated this method to FDR wholesale levels.
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| Tags: Commerce Clause, Congress, Steny Hoyer The Constitution of these United States holds different meanings for different people:
Conservatives/Federalists believe that this federated group of states, governed by a representative government with the Constitution as the foundation and the rule of law as the bedrock that keeps this country from spiraling into the abyss that has historically plagued other forms of government.
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| Tags: 14th Amendment, Second Amendment, Sonia Sotomayor, Supreme Court I am perplexed over the Supreme Court’s decision in the case of Redding v. Safford United School District. The court ruled that the 4th Amendment rights of one Savana Redding were violated by the school’s performing a strip search of Savana for prescription drugs. I am perplexed on two levels: first, the ruling in favor of Savana Redding, and second, the strip search by the school.
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| Tags: Redding v. Safford, Supreme Court
This past week, the Iowa Supreme Court ruled with such activism that it rivals the, more often than not, overturned 9th Circuit Court of Appeals. The Iowa Supreme Court ruled the 10 year old Iowa statute that established the gender and age parameters of Iowa marriage laws is unconstitutional, and thus legalized same sex marriage. Iowa code 1999: Section 595.2, Subsection 1 was the malignant statute that stated: Only a marriage between a male and a female is valid. This ruling, by this court, is unadulterated and plenary judicial activism.
First, in regard to the AIG executive bonus outrage expressed by Barack Obama: he is a liar. Same for Chris Dodd, Barney Frank, et al. All liars. This faux outrage about being outraged by AIG paying out $165 million in bonuses is being manufactured and orchestrated by the Democrat Party in unison with the sycophantic media as a diversion. A diversion to mask the Obama administration’s ever-manifesting deficiencies. Obama stated with his best acrimonious speech, from a teleprompter of course, “Under these circumstances, it’s hard to understand how derivative traders at AIG warranted any bonuses, much less $165 million in extra pay. I mean, how do they justify this outrage to the taxpayers who are keeping the company afloat? In the last six months, AIG has received substantial sums from the US Treasury. I’ve asked Secretary Geithner to use that leverage and pursue every legal avenue to block these bonuses and make the American taxpayers whole.”
