Chief Justice Roberts Is A Genius – Revisted

Bookmark and Share If you read my post Chief Justice Roberts Is A Genius, composed just a few hours after the supreme court ruling, you’d know that I promoted the idea that, although Roberts didn’t strike down Obama-care, his ruling gave those against Obama-care some tools with which to work. This outlook was in the minority. It was based upon the idea that by ruling the Democrat’s use of the commerce clause was unconstitutional, Roberts took away one of the pillars on which Obama-care was based. He also ruled that the mandate had to be a tax. This was beneficial to the citizens because, as a tax, it could be repealed by vote. Additionally, by ruling the mandate a tax, Roberts forced Democrats to have to defend tax increases in a recession and in an election year. My last point was that by ruling the federal government’s threat to yank funding from states was unconstitutional, Roberts opened the door for states to reject Obama-care without suffering a severe penalty. And if numerous states reject Obama-care the idea of a “national” healthcare system is obviously jeopardized.

And now two weeks after the SCOTUS ruling, with emotions more controlled, let’s take a look at recent events, shall we?

Yesterday, as you may know, the Republican-led House voted again to repeal Obama-care in its entirety. Unfortunately, the Democrat-led Senate is likely to stop the repeal in its tracks. But, this forces Democrats in an election year to justify standing with Obama-care and the associated taxes. They will be pulled from the shadows and subject to the intense glare of the American people. By the way, the Left is going to flood the media with the idea that less Democrats voted to repeal Obama-care this time than in previous votes, implying the outlook toward Obama-care has changed. Don’t be fooled. Since Obama-care was rammed down the people’s throat, there has been a purging of its supporters in Congress. So, were there fewer Democrats supporting this repeal? Yes — because there are fewer Obama-care supporting Democrats in existence. But the job is not done. The Senate will reject the Obama-care repeal. There are still too many liberal-socialist Democrats in the Senate. They must be purged, too. The Senate elections, crusaders, must be a focus.

With their new found freedom based on the ruling, the list of states that have already rejected Obama-care or have announced they are not likely to implement it include: Florida, South Carolina, Wisconsin, Texas, Mississippi, Louisiana, Iowa, Kansas, Nebraska, Alabama, Indiana, Georgia, Oklahoma, Virginia and Missouri. From Obama’s perspective, he must be very concerned that 15 of the “57” states are rejecting his signature legislation. After all, it has only been two weeks since the SCOTUS ruling. That’s probably why he hasn’t mentioned a peep about it, that I have heard, since his short, bitter-sweet victory speech the day of the ruling.

As the election year progresses, pressure will increase to reduce budgetary outlays. You can bet Obama-care will be targeted. Because it is such an outrageous monstrosity, you can become a political hero by successfully attacking small pieces of it — trial runs, pilot projects and subsidies come to mind. The administrative and regulatory demands of Obama-care are extremely complex. Limit the flow of cash and the implementation of Obama-care gets hurt badly. As a bonus, you get some votes. It will be interesting to see as the season progresses if any Democrats, feeling they need votes, join Republicans in attacking aspects of Obama-care funding.

The interpretation that Roberts’ ruling possessed a silver-lining has proven to be accurate. Many people will continue to bad mouth him based upon complex interpretations of law, the ‘true’ meaning of words and the implications of precedent. I’m not a judge, nor am I an attorney or law clerk. My expertise in law is limited to the times I’ve been on the wrong side of it. So, to these judicial gripes I can not comment. Others will remain bitter because they feel he should have just struck down the law. Perhaps. But he didn’t. He left it up to the people. He tied Obama-care and the supreme ruler to the same fate and handed that fate to the American people.

If you want to rid yourself and your descendents of the horrors of Obama-care, then you must rid the country of Obama. It is as simple as that.

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Obama-tax Is Law, What Now?

It’s time for a vote. Don’t you think? A vote on Obama-care, sorry, Obama-tax. A recorded vote. A roll call. Let’s hear some good old fashioned Yeas and Nays. It’s time for politicians from both parties to go on the record regarding the Obama-tax. It should happen as soon as they return from recess. Playtime is over, kids, it’s time to answer to the American people. The Republicans will vote. In fact, there’s mumblings they’re scheduling one. I’ll try and confirm that. If so, great. Let’s make sure votes are recorded because we need Democrats on record as to where they stand on this massive tax.

Democrats shouldn’t have a problem with this. After all, they’ve have made it clear over the last three years they want to raise taxes — remember — to get people to pay their fair share. Well, now they can go on record and declare where they stand on Obama-tax. Most likely Democrats will resist this any way possible. But that’s why we pay the Republicans the big bucks. They need to figure out how to make this happen. We want names. Television coverage would be good, too. If we chant, if we rant and if we rave loud enough, there will be a recorded vote.

Consider that some Democrats up for re-election, as you read this, are distancing themselves from Obama’s policies. Some, I think we were up to 14 or so at last count, have bailed on the national convention. Some don’t want Obama any where near them or their state. To these politicians, Obama and all he represents, is toxic. Sort of the old, ‘thanks, but no thanks’. And now we can add Obama-tax as more radioactive fallout. Now is the time.

The Left knows this is a big problem. Already we are back to the word games. On Friday, White House Press Secretary Jay Carney said the “fine” is really still just a “penalty.” It’s a penalty or fine when they need it to be — like when talking to the American people. But it’s a tax when they need it to be a tax — like when they argued in front of SCOTUS. San Fran Nan said tax or penalty, heck, it’s Washington-speak. I heard David Axelrod on television, perhaps it was Friday, call it a punishment on free-riders or free-loaders — it’s a punishment on somebody. Ain’t that a peach — Democrats now calling the “needy”, those they supposedly protect, free-riders.

Democrats are the entitlement party, they promote hand-outs and free-rides as a way to buy votes. Suddenly, they’re willing to admit they’re into punishing the peasants? Ax-man, you crazy cat, tell us something we don’t know.

And it’s going to be pricey. That’s a winning bet for sure. Jump back to March, the Congressional Budget Office released an ‘official’ adjustment for the cost of Obama-care over a decade from $940 billion to — ready — $1.76 trillion. And if you bet that the middle class will bear the brunt of Obama-care, you’d have a winner, too. And just as certain is this, no matter what word games Democrats play — they can call it a fee or a penalty or punishment for freeloading — the truth is, the Supreme Court, the law of the land, calls it a tax.

And so now it is time to take action. Contact your representatives at the House and Senate. Phone them, email them, demand a recorded vote on Obama-tax. Someone more creative than I should come up with a catchy slogan the citizens can rally around. Maybe call it Phone Call – Roll Call or Pound the Politicians Day. Even better, we can make it a couple of days. Ring up their phones until their ears hurt. Pound away with emails. Prompt your family and friends and neighbors to do the same. Republican or Democrat, the people are in charge in America. We didn’t consent to Obama-tax. It was jammed down our throats. Let’s create such noise that we read headlines like “The people demand a vote”. Who knows, maybe we can take down Obama-tax in July. And if not, that’s all right, we know who to chase from office come November.

TEA Party’s New Mission

John Roberts, what were you thinking.  If this question went through your mind at about 10:30am on June 28th, that puts you in good company.  In fact, the whole ruling on the healthcare law frankly seems odd.  First they ruled that it wasn’t a tax so that they could proceed with deciding if it was constitutional or not.  Then they ruled that it was a tax so that they could say it is constitutional.  Then, in a twist of irony after Obama’s recent decision to stop enforcing immigration laws, the Supreme Court ruled that the Federal Government couldn’t penalize states for not implementing Obamacare.  After this whirlwind, what we ended up with is the biggest regressive tax on the middle class in our nation’s history.

And that is when the sleeping giant woke up.  Suddenly we were reminded that we are Taxed Enough Already.

In 2010, Conservative Constitutionalists and TEA Party activists had a reason to live.  Democrat policies were rejected by voters in a massive conservative sweep.  But after two years of being beaten down by mainstream media and the Republican establishment, and the influx of special interest commercialism into the TEA Party, the heartbeat of the movement was faint.  You can feel free to disagree with me, but let’s be honest.  The rallies had turned into book tours and the infighting had handed victory in the primary to Mitt Romney.

Every Republican knows that Romney will do great with the economy.  Shoot, most Democrats know it, but won’t admit it.  Despite this, many conservatives have become purists and would still struggle to pull the lever for Romney.  I suggested a while back that many conservatives will be more willing to open their wallets to conservative PACs than to Romney.  Many conservatives will vote for Romney, but won’t put a Romney bumper sticker on their car.  Many are voting for the candidate named Not Obama.

And then the unthinkable happened.  The chief justice Bush appointed joined the majority and ruled Obamacare constitutional.  Even Justice Kennedy knew better.

Now 2012 has all new meaning.  It is no longer the establishment RINO versus the unpopular liberal.  It has become what it was in 2010, a referendum on Obamacare.  So far, conservatives are up 1-0 when it comes to elections on Obamacare.

Eugene Robinson, in an article suggesting that the Supreme Court decision will heal America, said that the decision was bad for Mitt Romney.  I think we can say with confidence that this sentiment is wishful thinking on the part of the Left.  The election is no longer about Romney.  It is no longer about RINOs or Republicans either.  As of 10:30am on June 28th, this election is about one thing:

 

Chief Justice Roberts Is A Genius

Bookmark and Share  Before you look to do harm to Chief Justice Roberts or his family, it’s important that you think carefully about the meaning – the true nature — of his ruling on Obama-care. The Left will shout that they won, that Obama-care was upheld and all the rest. Let them.

It will be a short-lived celebration.

Here’s what really occurred — payback. Yes, payback for Obama’s numerous, ill-advised and childish insults directed toward SCOTUS.

Chief Justice Roberts actually ruled the mandate, relative to the commerce clause, was unconstitutional. That’s how the Democrats got Obama-care going in the first place. This is critical. His ruling means Congress can’t compel American citizens to purchase anything. Ever. The notion is now officially and forever, unconstitutional. As it should be.

Next, he stated that, because Congress doesn’t have the ability to mandate, it must, to fund Obama-care, rely on its power to tax. Therefore, the mechanism that funds Obama-care is a tax. This is also critical. Recall back during the initial Obama-care battles, the Democrats called it a penalty, Republicans called it a tax. Democrats consistently soft sold it as a penalty. It went to vote as a penalty. Obama declared endlessly, that it was not a tax, it was a penalty. But when the Democrats argued in front of the Supreme Court, they said ‘hey, a penalty or a tax, either way’. So, Roberts gave them a tax. It is now the official law of the land — beyond word-play and silly shenanigans. Obama-care is funded by tax dollars. Democrats now must defend a tax increase to justify the Obama-care law.

Finally, he struck down as unconstitutional, the Obama-care idea that the federal government can bully states into complying by yanking their existing medicaid funding. Liberals, through Obama-care, basically said to the states — ‘comply with Obama-care or we will stop existing funding.’ Roberts ruled that is a no-no. If a state takes the money, fine, the Feds can tell the state how to run a program, but if the state refuses money, the federal government can’t penalize the state by yanking other funding. Therefore, a state can decline to participate in Obama-care without penalty. This is obviously a serious problem. Are we going to have 10, 12, 25 states not participating in “national” health-care? Suddenly, it’s not national, is it?

Ultimately, Roberts supported states rights by limiting the federal government’s coercive abilities. He ruled that the government can not force the people to purchase products or services under the commerce clause and he forced liberals to have to come clean and admit that Obama-care is funded by tax increases.

Although he didn’t guarantee Romney a win, he certainly did more than his part and should be applauded.

And he did this without creating a civil war or having bricks thrown through his windshield. Oh, and he’ll be home in time for dinner.

Brilliant.

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President Obama attacks the Judicial Review role of the United States Supreme Court

President Barack Obama struck a new low in his presidency yesterday, when he went after the Supreme Court during a press conference over the “Obamacare” case, saying it would be wrong for the “unelected” Supreme Court, to take the “unprecedented and extraordinary” decision, to strike down his signature health care legislation, when it was passed by an elected Congress saying he expected the justices to rule the act as constitutional. What makes President Obama’s comments dumb-founding is the fact that his former profession is that of a constitutional law professor.

The president’s comments have been viewed by many that not only will he be running against Congress in this November’s election, but if his signature piece of legislation is struck down for being unconstitutional he will make it an election issue. Polls show American’s are divided over the issue on ideological lines, with conservatives opposing the measure as a government overreach and liberals supporting it as a necessary overhaul of the health insurance system.

“In accordance with precedents out there, it is constitutional,” Obama said of the 2010 Affordable Care and Prevention Act passed by congressional Democrats with no Republican support. “That’s not just my opinion, by the way, that’s the opinion of legal experts across the ideological spectrum, including two very conservative appellate court justices that said this wasn’t even a close case.”

The unique position of the Supreme Court stems, in large part, from the deep commitment of the American people to the Rule of Law and to constitutional government. The United States has demonstrated an unprecedented determination to preserve and protect its written Constitution, thereby providing the American “experiment in democracy” with the oldest written Constitution still in force.

The Constitution of the United States is a carefully balanced document. It is designed to provide for a national government sufficiently strong and flexible to meet the needs of the republic, yet sufficiently limited and just to protect the guaranteed rights of citizens; it permits a balance between society’s need for order and the individual’s right to freedom. To assure these ends, the Framers of the Constitution created three independent and coequal branches of government.

The complex role of the Supreme Court in this system derives from its authority to invalidate legislation or executive actions which, in the Court’s considered judgment, conflict with the Constitution. This power of “judicial review” has given the Court a crucial responsibility in assuring individual rights, as well as in maintaining a “living Constitution” whose broad provisions are continually applied to complicated new situations. The Court’s power of judicial review was not confirmed until 1803, when it was invoked by Chief Justice John Marshall in Marbury v. Madison. In this decision, the Chief Justice asserted that the Supreme Court’s responsibility to overturn unconstitutional legislation was a necessary consequence of its sworn duty to uphold the Constitution.

President Obama framed the issue as one affecting everyone rather than an “abstract argument.” “People’s lives are affected by the lack of availability of health care, the inaffordablity of health care, their inability to get health care because of pre-existing conditions,” Obama later added: “Americans all across the country have greater rights and protections with respect to their insurance companies and are getting preventive care because of this law.”

In addition, the president noted, 30 million people will gain coverage when the individual mandate and the rest of the law are fully implemented in 2014.

“I think it’s important and I think the American people understand and I think the justices should understand that in the absence of an individual mandate, you cannot have a mechanism to ensure that people with pre-existing conditions can actually get health care,” Obama said. “So, there’s not only an economic element to this and a legal element to this, but there’s a human element to this and I hope that’s not forgotten in this political debate.”

President Obama said he was confident the Supreme Court “will not take what would be an unprecedented extraordinary step of overturning a law” passed by Congress.

He also took aim at critics of the health care bill, noting that such opponents now were calling for the kind of “judicial activism” they have opposed in the past.

“I just remind conservative commentators that for years, what we’ve heard is, the biggest problem on the bench was judicial activism or a lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law,” the president said.

“I’m confident that this will be upheld because it should be upheld,” Obama added.

If the justices uphold the law, Republicans are likely to say the only way to overturn it is to win control of the White House. If the court strikes down the legislation, Democrats will campaign to regain control of House of Representatives in order to save the reforms.

The president’s comments came hours after Congressman James Clayburn, assistant Democratic party leader in the House of Representatives, suggested that if the ruling goes against the healthcare legislation then Obama should take on the supreme court.

The Supreme Court’s decision is expected in June in the middle of the campaign for the November presidential election and is certain to become an election issue whichever way it goes, coming just months before November’s vote.

Prosser Win Confirms Conservative Sentiments

Democrats in Wisconsin may want to think twice about continuing to pursue recall votes against Republican Senators who just saved their state by making some tough choices. In fact, Wisconsin is showing that despite major blowback, the country is ready for a party to step to the plate and make those tough choices.

Justice David Prosser

It seemed like Prosser would have an easy election after taking more than 50% of the vote in a non-partisan primary against pro-union, liberal Kloppenburg. But after unions within and outside of the state poured millions of dollars into Kloppenburg’s campaign, it seemed like the state-wide election for Wisconsin Supreme Court would be closer. In fact, union cabbies offered free rides for union voters to the polls. Wisconsin liberals were organized for America and the Prosser/Kloppenburg election became a referendum on Scott Walker.

In fact, a Kloppenburg victory would have swayed the state Supreme Court to a 4-3 Liberal court. Walker’s union busting, budget saving legislation would be a footnote in Wisconsin history.

Walker had made the tough conservative choices. The city was nearly shut down as union members were bused in from other states to crowd and trash the capitol. Democrat Senators fled the state to shut down the legislative process and kindergarten teachers were sending death threats to Republican Senators while staying home with fraudulent sick notes from liberal doctors. On the blogs and comment sections across the web, Democrats were thanking Scott Walker for 2012 on a silver platter, and I even saw one comment talking about how they would get their revenge on the “scabbers”. It felt like a choreographed fight scene from Newsies.

The lead in the Prosser/Kloppenburg election kept changing and kept everyone on the edge of their seats throughout the night, and with a lead of about 200 votes Democrats claimed victory the next day. A recount was possible, but it seemed as though the left was right. Going after public unions to cut a $3 billion state deficit would be the end of the Conservative tidal wave that swept the country in 2010. It was a dark night.

But the next day, we discovered that the AP vote total did not include all the votes. Prosser had actually won by a very comfortable 7,500 votes. If you want to know how significant the Prosser win is, just Google his name. You will find as many stories as you did about Iraq a couple months after the surge strategy started. When stories about successful Republican politicians or policies disappear from the mainstream media, you know they are significant.

This was a statewide election where the same Wisconsin voters who elected Scott Walker came out again and elected Justice David Prosser. Anyone who thinks 2010 was a fluke and that an Obama re-election is a forgone conclusion should look at the national union mob that was re-defeated in Wisconsin.

Americans are ready to cut spending and deal with the deficit.

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