PoliticalAction.com Blog

Ron Paul on Fox News: Stupak Deal Illegal And Unconstitutional – 3/24/10

By Jeffrey T. Kuhner
Washington Times
March 19, 2010

Impeach the president?
The ‘Slaughter Solution’ would violate the Constitution

The Democrats are assaulting the very pillars of our democracy. As the debate on Obamacare reaches the long, painful end, House Speaker Nancy Pelosi is confronting a political nightmare. She may not have the 216 votes necessary to pass the Senate’s health care bill in the House.

Hence, Mrs. Pelosi and her congressional Democratic allies are seriously considering using a procedural ruse to circumvent the traditional constitutional process. Led by Rep. Louise M. Slaughter, New York Democrat and chairman of the House Rules Committee, the new plan – called the “Slaughter Solution” – is not to pass the Senate version on an up-or-down vote. Rather, it is to have the House “deem” that the legislation was passed and then have members vote directly on a series of “sidecar” amendments to fix the things it does not like.

This would enable House Democrats to avoid going on the record voting for provisions in the Senate bill – the “Cornhusker Kickback,” the “Louisiana Purchase,” the tax on high-cost so-called “Cadillac” insurance plans – that are reviled by the public or labor-union bosses. If the reconciliation fixes pass, the House can send the Senate bill to President Obama for his signature without ever having had a formal up-or-down vote on the underlying legislation.

Many Democrats could claim they opposed the Senate bill while allowing it to pass. This would be an unprecedented violation of our democratic norms and procedures, established since the inception of the republic. Article 1, Section 7 of the Constitution stipulates that for any bill to become a law, it must pass both the House of Representatives and the Senate. That is, not be “deemed” to have passed, but actually be voted on with the support of the required majority. The bill must contain the exact same language in both chambers – and in the version signed by the president – to be a legitimate law.

Continue…

The latest battle in the healthcare war is being waged using a new strategy — the circumvention of the intent, spirit, and true definition of the legislative process by supplementing the already-passed Senate health care bill with a second bill to modify the Senate bill as per President Obama’s most recent health care proposal. Congressional Democrats propose that the House pass the Senate bill, then have both houses pass this second bill by means of the budget reconciliation process. The 1974 reconciliation method is the perfect vehicle to navigate around certain obstacles like a Republican filibuster. Besides, the budget reconciliation process only requires a 51-vote majority in the Senate and limits debate to 20 hours.

The President’s Proposal has had no official cost analysis completed but the White House estimates that the plan would cost about $950 billion over 10 years. The plan would extend coverage to more than 31 million Americans by 2019. And the excise tax to help pay for this latest unconstitutional, healthcare budget buster would be delayed for insurers and employers until 2018.

The role of federal regulators, czars and overseers would be expanded in order to review and block premium increases by private companies. The federal government would be able to supersede the authority of the states if it so chooses, which is another intrusion into what has historically and constitutionally been reserved to the states.

The broad language pertaining to abortion funding in the Senate version remains in the president’s version as government officials “believe they cannot make changes to the Senate language on abortion” when using budget reconciliation.

Nonetheless, passage of Obama’s personal plan for the nation’s health care may not be achieved as easily as originally planned, given the political climate and the resurgence of constitutional awareness.

This is a crucial issue at a crucial time and it is up to each and every one of us to relentlessly persevere in contacting our elected representatives to insist they vote “no” on any unconstitutional, government-run healthcare plan, no matter how many times it is presented and re-presented to us.

Send an email opposing Obama’s health care plan to your senators and representative. Click here for contact information for visiting, phoning, and faxing them. (Click here for how your senators voted on their health care bill on December 24. Click here for how your representative voted on the House health care bill on November 7.)

Thank you,

Your friends at The John Birch Society

Hooray Jack! Where have you been all this time?

FOXNews.com

The head of C-SPAN has implored Congress to open up the last leg of health care reform negotiations to the public, as top Democrats lay plans to hash out the final product among themselves.

C-SPAN CEO Brian Lamb wrote to leaders in the House and Senate Dec. 30 urging them to open “all important negotiations, including any conference committee meetings,” to televised coverage on his network.

“The C-SPAN networks will commit the necessary resources to covering all of the sessions LIVE and in their entirety,” he wrote.

In a Tuesday afternoon press conference on health legislation negotiations, House Speaker Nancy Pelosi appeared to object to the premise behind the request.

“There has never been a more open process for any legislation in anyone who’s served here’s experience,” she said.

However, Republican leaders sided with C-SPAN’s calls for transparency.

“As House Republican leader, I can confidently state that all House Republicans strongly endorse your proposal and stand ready to work with you to make it a reality,” Minority Leader John Boehner wrote in response to the letter. “Hard-working families won’t stand for having the future of their health care decided behind closed doors. These secret deliberations are a breeding ground for more of the kickbacks, shady deals and special-interest provisions that have become business as usual in Washington.”

Democratic leaders could bypass the traditional conference committee process, in which lawmakers from both parties and chambers meet to reconcile differences between the House and Senate versions of a bill. Top Democrats in the House, Senate and White House were meeting Tuesday evening to figure out the final product in three-way talks before sending it back to both chambers for a final vote.

“We don’t even know yet whether there’s going to be a conference,” Democratic Congressional Campaign Committee Chairman Chris Van Hollen said responding to a question about the C-SPAN request. “It’s not clear whether or not that’s going to happen yet.”

This format would seem ideal for closed-door meetings, which congressional Democrats have used many times to figure out sensitive provisions in the health care bill — though President Obama pledged during the campaign to open up health care talks to C-SPAN’s cameras.

“That’s what I will do in bringing all parties together, not negotiating behind closed doors, but bringing all parties together, and broadcasting those negotiations on C-SPAN so that the American people can see what the choices are,” Obama said at a debate against Hillary Clinton in Los Angeles on Jan. 31, 2008.

Asked about the request to Congress, White House Press Secretary Robert Gibbs said he hadn’t seen the letter.

“I know the president is going to begin discussions today on health care to iron out differences between the House and Senate bills,” he said.

Lamb urged Congress in his letter to fling open the doors in the final stretch of the negotiations.

“President Obama, Senate and House leaders, many of your rank-and-file members, and the nation’s editorial pages have all talked about the value of transparent discussions on reforming the nation’s health care system,” he wrote. “Now that the process moves to the critical stage of reconciliation between the chambers, we respectfully request that you allow the public full access, through television, to legislation that will affect the lives of every single American.”

Lamb said his network would use “the latest technology” to be “as unobtrusive as possible” during the talks.

Call To Action

While the Senate has all but passed the health care takeover bill, do not despair for we have additional opportunities to stop the progression.

Remember that the House and the Senate need to come to terms on a compromise bill, but the rhetoric coming from the Senate is rather aggressive toward the House, so this is one opportunity for you to contact both Senators and your Representative. Once a compromise bill is agreed upon, both the House and Senate need to pass it before going to the President for his signature. Another opportunity!

There is time, so pour the heat on to your elected officials and tell them to stop the reform. Less government is the cure, not the disease!

Thank you,

Your friends at The John Birch Society

Click the link below to log in and send your message:

http://www.votervoice.net/link/target/jbs39442654.aspx

Texas Straight Talk – A weekly column
Rep. Ron Paul (R) – TX 14

Last week on Christmas Eve, after many backroom deals were made, the Senate passed the healthcare reform bill with a strictly partisan vote. I was pleased that my colleagues in the GOP are on the right side of this bill. Although this vote was a major step in healthcare reform becoming reality, they still have to reconcile the Senate bill with the House-passed version in conference committee. This could prove even more difficult and costly than the Senate vote.

There was a little bit of controversy surrounding one particular Senator who was initially against the bill, but then, coincidentally, a large amount of Medicare funding specifically for his state was tucked inside and he ended up voting for it. One wonders how much more of that will have to go on to achieve final passage.

But this is how politicians in Washington deal with problems: they throw your money at them. Healthcare reform is no different. The Senate version of the bill, at last count, will cost $871 billion. The House version tops $1 trillion. But they tell us this is for the health of Americans, and how dare we count the cost?

Such is the arrogance of politicians. There seems to be no end to the problems they feel capable and duty-bound to solve through legislative proclamation and plenty of your money. To hear them talk, one might think that a few words spoken on Capitol Hill would make problems just disappear. All it takes it good intentions.

But no good can come from 2400 pages of Washington’s good intentions.

I have observed quite the opposite throughout my political career in the House of Representatives, and fear that with this immense legislation, our healthcare problems are only just beginning. Over the last few decades, I have seen healthcare subjected to more and more creeping red tape that only creates bottlenecks and increases costs as new bureaucratic hurdles are put in place.

Politicians cannot solve the problems created by ever-increasing intervention by exponentially increasing their intervention. Similarly, they cannot improve the quality of healthcare and expand access to it for all Americans simply by legislative decree. If only it were that simple! The reality is the free market, when allowed to function, naturally increases access and drives prices down through competition. The free market keeps service providers accountable by allowing people to take their business elsewhere.

This government intervention will eventually create a near monopoly of providers in health insurance as smaller companies are squeezed out and innovation comes to a grinding halt due to formidable barriers to entry. The government will determine prices and levels of service that will apply to everyone, regardless of want or individual circumstances. The true insurance model of healthcare cost management, meaning major medical coverage only, will basically become illegal. Opting out of the system will incur heavy tax penalties.

Expanding government reach so deeply into this very sensitive area of our personal lives and such a major part of our economy means more opportunities for waste, fraud and abuse of the system. One need only remember the recent bailouts for an example of how government handles systemic waste, fraud and abuse.

So while the Senate patted itself on the back last week for delivering a Christmas gift to Americans, time will prove it was instead a great big lump of coal.

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.”