Standing Athwart History, Yelling “Stop!”

William F. Buckley’s famous phrase is being lived out today by a Senator from South Carolina. Jim DeMint has fired a warning shot across the bow of Harry Reid, Nancy Pelosi and Barack Obama. He’s leading a constitutional challenge against the mandatory insurance purchase wording in ObamaCare:

Ensign, DeMint to Force Vote on Health Care Bill Unconstitutionality

December 22, 2009 – WASHINGTON, D.C. – Today, U.S. Senators Jim DeMint (R-South Carolina) and John Ensign (R-Nevada), raised a Constitutional Point of Order on the Senate floor against the Democrat health care takeover bill on behalf of the Steering Committee, a caucus of conservative senators. The Senate will vote tomorrow on the bill’s constitutionality.

“I am incredibly concerned that the Democrats’ proposed individual mandate provision takes away too much freedom and choice from Americans across the country,” said Senator Ensign. “As an American, I felt the obligation to stand up for the individual freedom of every citizen to make their own decision on this issue. I don’t believe Congress has the legal authority to force this mandate on its citizens.”

“Forcing every American to purchase a product is absolutely inconsistent with our Constitution and the freedoms our Founding Fathers hoped to protect,” said Senator DeMint. “This is not at all like car insurance, you can choose not to drive but Americans will have no choice whether to buy government-approved insurance. This is nothing more than a bailout and takeover of insurance companies. We’re forcing Americans to buy insurance under penalty of law and then Washington bureaucrats will then dictate what these companies can sell to Americans. This is not liberty, it is tyranny of good intentions by elites in Washington who think they can plan our lives better than we can.”

Americans who fail to buy health insurance, according to the Democrats’ bill, would be subject to financial penalties. The senators believe the bill is unconstitutional because the insurance mandate is not authorized by any of the limited enumerated powers granted to the federal government. The individual mandate also likely violates the “takings” clause of the 5th Amendment.

The Democrats’ healthcare reform bill requires Americans to buy health insurance “whether or not they ever visit a doctor, get a prescription or have an operation.” If an American chooses not to buy health insurance coverage, they will face rapidly increasing taxes that will rise to $750 or 2% of their taxable income, whichever is greater.

The Congressional Budget Office once stated “A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States.”

A legal study by scholars at the nonpartisan Heritage Foundation concluded: “An individual mandate to enter into a contract with or buy a particular product from a private party, with tax penalties to enforce it, is unprecedented– not just in scope but in kind–and unconstitutional as a matter of first principles and under any reasonable reading of judicial precedents.”

Good for them. Keep fighting this monstrosity.

A so;id majority of Americans oppose this legislation. Call your Congressional representative, call both of  your Senators. Make it abundantly clear that you will not keep them in office if they vote for this scam. Say it with a smile on your face – and mean it.  Tell them that you will support – with time and money – a challenger to them in the next election if they vote wrong on this bill. And mean that as well.

Be civil, be polite – and be completely unyielding. Mean what you say and be fully prepared to carry through.

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2 Responses to Standing Athwart History, Yelling “Stop!”

  1. Tom says:

    And there is a provision in the bill that would prevent the legislation from being repealed once signed into law – a clear violation of Constitutional law.

    Can these buzzards get anymore arrogant?

  2. ropelight says:

    Sure, Tom, Democrat buzzards could go on national TV and tell us not to worry about objectionable provisions in the healthcare bill like the Louisiana Purchase or the Corn Husker Kick-Back.

    Then, as you point out, these arrogant buzzards could tell us that because no congress could bind a future congress, that pay-offs and kick-backs in the current bill could be removed by future legislation. All the while knowing that was a big fat lie, because language in the current bill prevents those same future changes.

    Democrats would of course expect the establishment media to pretend not to notice the lies and deceptions, and to ridicule any GOP efforts to inform the public of the bill’s actual provisions.

    Then, Democrat buzzards would schedule a vote in the dark of night during the Christmas Season, to make sure most Americans weren’t watching the whole ugly charade.

    And, to put a cherry on top, our elected representatives in Congress will expect you to pay them, rather well, for all they’ve done to undermine your freedom and liberty.

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