Archive for the ‘Nancy Pelosi (D)’ Category

The mental instability of  Nancy Pelosi.

Because of Obamacare, the Fourth of July has taken on a whole new significance: not only do Americans celebrate the adoption of the Declaration of Independence, they also celebrate “health independence” delivered by the law.

Pelosi said, “Next week, when we celebrate Independence Day we’ll also be observing health independence,” Pelosi told reporters today, explaining that “this week marks one year since the Supreme Court upheld the Affordable Care Act. It captures the spirit of our founders,” she added, citing the Preamble to the Declaration of Independence.”So, we’ve had Social Security, Medicare, and now health independence, so that’s something our members will take home to celebrate over this Independence Day.”

Source: Washington Examiner

Wow. It is truly unfathomable how the unstable mind of  Pelosi works. Would the founders rejoice over the passage of what Pelosi so disingenuously calls “health independence?” There are at least three reasons to disagree with Pelosi and yes, I know there are many more.

First, one aspect of this so-called health independence is to reject health care to any who owns a weapon which was considered by our founders as an inalienable right and said to be off-limits in the Constitution to Federal interference. Rather than rejoicing over the “health independence” I rather think that if the founding fathers were alive today they would take up arms.

Second, the so-called “health independence” is not really about health as it is massive Federal government control over the most sacred piece of property you own – your own body. This is, as one of my favorite quotes from the Avengers, is freedom from freedom. The Federal government wants to tell you want you can drink, eat, wear and exercise. For the Pelosis out there whether they are male or female, this independence is about giving up your freedom to choose for yourself and allowing the Federal government to be the cow’s tit for sustenance. I doubt very much that our founding fathers would look so kindly upon the Federal government telling how to live. Rather, I suspect that if they were alive the founders of our country would take up arms.

Third, despite the various arguments the Supreme has declared in its lack of wisdom that the payment we will each bear for Obama’s name sake is a tax and the Federal government has decided to use the IRS as the means of collecting.  In fact, taxes have skyrocketed under Obama and Pelosi and this so-called “health independence” will add to the burden imposed upon us. So, for Pelosi Obamacare is freedom from your money and self-government. But I rather remember that the founding fathers were the ones (with others) who decided to throw the tea into the bay to protest excessive government taxation. So, again, I rather expect that if the founders were alive today they would take up arms.

Pelosi is delusional if she truly believes that the founding fathers and those who lived and died during the birthing of our nation would actually stand with her today as she celebrates the biggest government intrusion into American life to this point. Actually, there were some who would. They were called Loyalists because they were loyal to English crown. The Democratic party was birthed from the loyalists and have consistently striven to implement big government upon the backs of the American people since our birth. So, yes there were a few as there today but the founding fathers were not among them! I wonder why she never refers to them? Humm…….

Pelosi, the Constitution and Health Care.

by Rob Natelson

Speaker Nancy Pelosi has issued a press release in which she purports to rebut those of us who have expressed doubts about the constitutionality of some health care reform plans.

Pelosi (or her ghostwriter) claims:

“The 10th amendment to the U.S. Constitution states that the powers not delegated to the federal government by the Constitution, nor prohibited by it to the states, are reserved to the states… or to the people. But the Constitution gives Congress broad power to regulate activities that have an effect on interstate commerce. Congress has used this authority to regulate many aspects of American life, from labor relations to education to health care to agricultural production. Since virtually every aspect of the heath care system has an effect on interstate commerce, the power of Congress to regulate health care is essentially unlimited. (bolded in original).

For several reasons, this is a highly misleading statement.

First, it fails to mention a concern expressed by many constitutional scholars, including those on the Left: Substantive due process.

“Substantive due process” is the doctrine by which the Supreme Court strikes down laws it deems unacceptably interfere with personal privacy or autonomy. Health care laws that, for example, limit one’s ability to fund and control one’s own health care could well run afoul of substantive due process rules.

Second, the statement fails to mention that, while the Supreme Court has upheld many delegations of power from Congress to executive branch agencies, the Court has affirmed repeatedly that there are limits. Some health care proposals involve wider delegations of authority than any since the New Deal’s National Reconstruction Adminisration (NRA) — which was invalidated by a unanimous Court.

Third, the Pelosi release disregards the fact that on several occasions the modern Supreme Court has struck down overreaching federal legislation, supposedly adopted under the Commerce Power. Also, on several occasions, the Court has interpreted congressional acts narrowly to avoid constitutional conflicts.

Fourth: Pelosi (or her speechwriter) clearly misstate the current Supreme Court’s test for laws under the Constitution’s Commerce Power. The statement that Congress can regulate “activities that have an effect on interstate commerce” should be that Congress can regulate “economic activities that have a substantial effect on interstate commerce.” Non-economic activities, such as some health care decisions, would have to meet a much stricter test. This may seem to be a minor mistake, but for legal purposes it is an important one, and one that, for the Speaker of the House of Representatives, is not easily excusable.

Finally, Pelosi (or her ghostwriter) commits the mistake of failing to look at wider judicial trends. One of these trends is the long-term movement by the Supreme Court toward interpreting the Constitution according to its real meaning – the original understanding of the Founders and Ratifiers.

And virtually no knowledgeable person thinks government health care is constitutional under that standard.

Rob Natelson is Professor of Law at The University of Montana, and a leading constitutional scholar.  (See http://www.umt.edu/law/faculty/natelson.htm.)