Posts Tagged ‘Ginsburg’

Why the Supreme Court Must Overturn the Entire Healthcare Act

Posted by Troy on 29th March 2012 in Current Events, Political

A lot of people are saying that the Supreme Court is wrong not to read the entire 2,70o page document and salvage what they can of the act.  Justice Ginsburg advocates that the Supreme Court should go through the bill and salvage what they can.  This may sound reasonable, but they must not do this for the same reason why we should not have a line-item veto.

The line-item veto sounded like a wonderful thing.  If a bill had one bad provision, the President could strike out that one line and send it back for approval.  The Supreme Court ruled that this was not Constitutional because it hurt the separation of powers.  In addition, this wrecked the lawmaking process.

Imagine a situation in which the Congress put together a bill.  To get some Representatives on board, they gave them some concessions.  The reluctant Congressman goes along with it due to the concessions.  The President strikes the measure that got the Congressman on board.  In the end, the law gets signed, and the Congressman gets the shaft.

That brings us to Obamacare.  Before it was actually brought before the Supreme Court, Obama said that if the mandate was unconstitutional, the whole thing would have to go.  This is why he did not put a severability clause in there to start with, even though his legal team begged him to do so.  The individual mandate is the funding mechanism.  Without it, the whole thing falls apart.  What would have been a disaster after five to fifteen years becomes a disaster in five to fifteen months.  Without a severability clause, Congress said that the bill is meant to be taking as a whole, and it should.  That bill was the result of months of negotiations, backroom deals, and payoffs.  If the Supreme Court start going through and saying this stays and this goes, then the bill becomes something else entirely.  The bill the Justices create by taking out the individual mandate and other provisions may not have gotten a single vote if such a bill had been presented before Congress.  The Supreme Court are judges, not legislators.  They should not try to write legislation on their own.  The only responsible thing, given the lack of a severability clause, is to kill the entire bill.  If Congress doesn’t like it, they can do one of two things.  They can either go back to the drawing board and try to write a Constitutional health care bill, or they can try to amend the Constitution.  Of course, the Left will never actually try to amend the Constitution.  They are a firm believer that it is easier to ask forgiveness than to ask permission.

Long Live the Constitution!

The War on the Constitution

Posted by Troy on 8th February 2012 in Current Events

Supreme Court Justice Ginsburg said that she would not look to the US Constitution if she were writing such a document today.  She believes the Canadian and South African Constitutions are superior to ours since they include references to “Human Rights.”

First of all, what could be more inclusive of human rights than the Ninth Amendment, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”?  I would be very wary (as the Founding Fathers were) of a document that sought to detail what rights belong to you as it also means that any not listed do not belong to you.

Second, she is a Supreme Court Justice who must uphold the Constitution.  She should hold it above all else in this world.  If she does not have such love for the document, she should step down.  Not that I want her to step down at the moment because Obama would only replace her with another anti-Constitution nut job.

Third, if people think that the Constitution is old and would like to have more rights listed or whatever, guess what, they can amend the Constitution!  Yes, the Founding Fathers gave us a way to do that.  The enemies of the Constitution never point out this fact.  The reason they just want to completely trash the Constitution is because they know that their ideas would never have enough support to actually amend the Constitution.  In this way, the Constitution is protecting us in the manner the Founding Fathers intended.

Finally, I would like to point out that the reason we are in all this trouble now is because we have not followed the Constitution since Woodrow Wilson.  The Federal government was meant to only have very limited taxing powers (which would completely prevent corporate cronyism and entitlements), war should only be declared by the Congress (ending the constant wars and “police actions”), and we should only have sound money (ending inflation and the fiat monetary games).

This is just a sign of the war on the Constitution.  When I was young, we were taught to look upon the Constitution with love and to love capitalism and shun communism and socialism.  Now, the media and schools are teaching that the Constitution is flawed and old and that capitalism is unfair.  These are dangerous time.

Long Live the Constitution!