The power of III

Summum ius summa iniuria--More law, less justice
--Cicero.
Showing posts with label Obamacare. Show all posts
Showing posts with label Obamacare. Show all posts

01 February 2011

Intriguing law proposed for South Dakota; mandates purchase of firearms

 Quoted verbatim, article from Argusleader.com in Sioux Falls, SD, via Drudge.

"Five South Dakota lawmakers have introduced legislation that would require any adult 21 or older to buy a firearm “sufficient to provide for their ordinary self-defense.”
The bill, which would take effect Jan. 1, 2012, would give people six months to acquire a firearm after turning 21. The provision does not apply to people who are barred from owning a firearm.
Nor does the measure specify what type of firearm. Instead, residents would pick one “suitable to their temperament, physical capacity, and preference.”
The measure is known as an act “to provide for an individual mandate to adult citizens to provide for the self defense of themselves and others.”
Rep. Hal Wick, R-Sioux Falls, is sponsoring the bill and knows it will be killed. But he said he is introducing it to prove a point that the federal health care reform mandate passed last year is unconstitutional.
“Do I or the other cosponsors believe that the State of South Dakota can require citizens to buy firearms? Of course not. But at the same time, we do not believe the federal government can order every citizen to buy health insurance,” he said."

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Intriguing approach to demonstrate that the Obamacare mandate is unconstitutional.

I agree everyone should own a firearm.  Every person should invest in their own self defense.  Ultimately, each of us has a moral obligation to do so.

However, although I am a really strong believer in self defense, the 2nd Amendment, unlimited firearms ownership and safety training, etc., I am an equally strong believer that Federal and State authorities cannot infringe on individual Liberty by mandating anything.

Better that South Dakota should completely remove local gun ownership restrictions, and nullify the Federal firearms acts, than to propose a dog and pony show bill as an intellectual exercise.

31 December 2010

healthcare a right?


    In an October, 2008 debate against John McCain, Barack Obama said that health care "should be a right for every American."
In rights parlance, his assertion is one of a "positive right" meaning that others may be compelled to provide a person's health care. This is distinguished from essentially every right laid out for Americans in our Constitution: these are "negative rights," meaning that they proscribe others from inhibiting you from exercising your right but do not otherwise require active cooperation of others. Your right to free speech does not require others to help you breathe; it simply requires them to leave you alone (except in a few very specific circumstances where your speech is likely to cause imminent harm to others, thus infringing on their negative right not to be killed, beaten, or robbed).
On the other hand, if health care is a right, that means that an American who for whatever reason does not have access to a doctor must be provided that access, whether that means redistributing taxpayer money to the would-be patient or even the potential of forcing a doctor to provide his services in an area "underserved" by health care professionals.
The problem with Obama's positive right formulation -- as with all positive rights -- is that one never knows where such a right ends, if or when such a right might be curtailed when it conflicts with citizens' other (usually negative) rights.
Read the rest here.
Our generation has forgotten that the system of private property is the most important guaranty of freedom. It is only because the control of the means of production is divided among many people acting independently that we as individuals can decide what to do with ourselves. When all the means of production are vested in a single hand, whether it be nominally that of "society" as a whole or that of a dictator, whoever exercises this control has complete power over us. In the hands of private individuals, what is called economic power can be an instrument of coercion, but it is never control over the whole life of a person. But when economic power is centralized as an instrument of political power it creates a degree of dependence scarcely distinguishable from slavery. It has been well said that, in a country where the sole employer is the state, opposition means death by slow starvation. 

Individual freedom cannot be reconciled with the supremacy of one single purpose to which the whole of society is permanently subordinated. To a limited extent we ourselves experience this fact in wartime, when subordination of almost everything to the immediate and pressing need is the price at which we preserve our freedom in the long run. The fashionable phrases about doing for the purposes of peace what we have learned.to do for the purposes of war are completely misleading, for it is sensible temporarily to sacrifice freedom in order to make it more secure in the future, but it is quite a different thing to sacrifice liberty permanently in the interests of a planned economy.
To those who have watched the transition from socialism to fascism at close quarters, the connection between the two systems is obvious. The realization of the socialist program means the destruction of freedom. Democratic socialism, the great utopia of the last few generations, is simply not achievable.

--from The Road to Serfdom, F.A. Hayek
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Central planning, by definition, is coercion.  There are always elements in society who are displeased and inconvenienced by the change for "the greater good".  Doctors are forced to take whatever the government will pay (can be nothing at all), and cannot adjust rates based on their fixed costs such as equipment and staff salaries.  There are taxpayers that don't have any interest to lose more of their income to support elements of society that are strangers to them, unproductive, and perhaps even illegally in this country.  They are coerced to give up more of their earned wealth because of someone else's "right to healthcare."


Mainstream media pundit: Reading Constitution in Congress is a "gimmick"


NORAH O'DONNELL: Returning to the Constitution. That's what Republicans want to do in the new Congress. In the last year, the 223-year-old document has been getting a whole lot of lip service. So when the 112th Congress is sworn in next week, expect to hear a lot more about it, 'cause the Constitution is at center of three coming congressional battles and we love wonkery mixed up with politics. So, we're bringing our favorite wonk into the discussion to tee up some of the discussions in the weeks ahead, MSNBC contributor Ezra Wonk Klein is a staff writer for the Washington Post and joins us now. Ezra, good to see you. Thanks so much.
EZRA KLEIN: Good morning, Norah.
O'DONNELL: You heard all the different politicians talking about the Constitution. Well, this is what's going to happen. When Republicans take over next week, they're going to do something that apparently has never been done in the 221-year history of the House of Representatives. They are going to read the Constitution aloud. Is this a gimmick?
KLEIN: Yes, it's a gimmick. [Laughs] I mean, you can say two things about it. One, is that it has no binding power on anything. And two, the issue of the Constitution is not that people don't read the text and think they're following. The issue of the Constitution is that the text is confusing because it was written more than 100 years ago and what people believe it says differs from person to person and differs depending on what they want to get done. So, I wouldn't expect to much coming out of this.


Read more: http://www.newsbusters.org/blogs/scott-whitlock/2010/12/30/wash-posts-ezra-klein-laments-confusing-nature-old-constitution#ixzz19d98xVGK






Hmmm...lets see what other books and documents may have "confusing" text, and "what people believe it says differs from person to person and differs depending on what they want to get done..."


1.  The Bible.
2.  The Bill of Rights.
3.  The individual States' ratifying documents for the Constitution.
4.  The Federalist Papers.
5.  The Rise and Fall of the Confederate Government, by Jefferson Davis, with its Constitutional arguments so cogent that the victorious and vindictive Union government never even charged him with (what is today constantly referred to as) "treason."
6. Common Sense by Thomas Paine
7.  Anything written by Locke, Burke, or Lord Acton
8. Any work of fiction, prose, poetry, history, philosophy, or law (especially those not pre-approved by official mainstream media sources) .


So y'all should stay away from those pesky confusing documents, essays, and books, and other "gimmicks" that may lead you to get uppity towards your betters...


Lucky for us that modern laws coming out of Congress are crystal clear:


Obamacare

15 December 2010

Congress' job approval rating at 13%, lowest in history

...And the 13% is comprised of a combination of Goldman Sachs and defense contractor executives, GM executives, and people who didn't understand the big words in the poll question:  "Do you approve the job that Congress is doing?"



...And guess what happens when Congress' job approval hits 0%?  Nothing!

Baaah, Baaaah...

13 December 2010

Obamacare Unconstitutional!!

Breaking news from Federal Court in Virginia:

RICHMOND, Va. – A federal judge in Virginia has declared the Obama administration's health care reform law unconstitutional.
U.S. District Judge Henry Hudson is the first judge to rule against the law, which has been upheld by two others in Virginia and Michigan.
Virginia Attorney General Ken Cuccinelli filed the lawsuit challenging the law's requirement that citizens buy health insurance or pay a penalty starting in 2014.
He argues the federal government doesn't have the constitutional authority to impose the requirement.
Other lawsuits are pending, including one filed by 20 states in a Florida court. Virginia is not part of that lawsuit.
The U.S. Justice Department and opponents of the health care law agree that the U.S. Supreme Court will have the final word.



Chalk one up for States' Rights, baby!