John R. Houk
August 12, 2013
Congress is too polarized on both sides of the political spectrum to initiate an Amendment process to settle issues that prevents an activist Judiciary from touching the amended law. HOWEVER, there is another Amendment process that can exclude the U.S. Congress. That process is spelled out in Article V:
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. (Bold Emphasis Mine)
In Justin Smith’s essay below he refers to Article IV as a part of the Constitution calling for a Convention; however I am certain he was referring to Article V. I agree with Justin that a Constitutional Convention might be the only way to preserve the Union of the United States without chaos dividing our nation by another Civil War.
It is not the first time that Conservatives have suggested a Constitutional Convention. A Convention has never happened except for the one that established our current Constitution and a Union of States under one Republic. The modern reasons for fearing a Constitution is that the nature of the Constitution could change radically favoring either side of the American political spectrum. In such a case a Civil War might still occur.
Justin’s central theme is the constitutionality of the Affordable Care Act – aka Obamacare.
America’s Ailment/ or Elective Despotism
By Justin Smith
Sent: 8/12/2013 10:41 AM
The continuing resolution that now funds the U.S. government, in place of a real budget, will require a new vote on September 30, 2013, and this represents the best opportunity Americans may ever have to free themselves from a burdensome, dangerous and unconstitutional piece of legislation called the Affordable Health Care Act or Obamacare. If we do not want our children and future generations to become slaves of government and their rights subject to arbitrary curtailment, then all Americans, who understand and recognize this piece of legislation and Obama’s “fundamental transformation” agenda as one huge step on the path towards tyranny, are bound by duty and conscience to support the total defunding of Obamacare, as emphatically and forcibly as possible within the U.S. House and Senate!
In his 1796 Farewell Address, George Washington warned of dangers associated with political parties: “… sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of public liberty.”
Recently, with only an imperial and utopian declaration, Obama delayed the business mandate section of Obamacare, scheduled for full implementation in 2014 by law, until 2015; however, he left the individual mandate in place by design. Obama hopes that the difficulties in repealing Obamacare will become insurmountable, as increasing numbers of people become dependent on receiving the subsidies associated with Obamacare. This is only the last in a long list of unconstitutional acts by Obama the despot.
Since May 2013, Americans have witnessed Kathleen Sebelius, Secretary of Health and Human Services, attempt to coerce businesses and insurance companies into contributing millions of dollars towards the organization and implementation costs of Obamacare, which many officials, such as Speaker John Boehner and Senator Harry Reid, are now recognizing to be “a train wreck” waiting to happen, as described by Senator Max Baucus, if more funding and better administrative and functional structures are not in place by 2014. Insurers have spurned Sebelius’ efforts, because they are already facing $100 billion in new taxes over a decade under Obamacare.
And to add insult to injury, the Obama administration will be placing advertisements through Obama’s Organizing for Action “grass-roots” network in order to “educate people about the law.” Funding for this sort of campaign was actually written into Obamacare, and you and I… the taxpayer… pay for these advertisements, even when we oppose this legislation. This year the Obama administration will steal $780 million more for these ads!
Last month, Senator Tom Harkin stated, “The sooner we get back to a good, progressive, populist message, the better off we’re going to be as Democrats.” But this is just one more symptom in America’s ailment, inasmuch as, too many Democrats and Republicans alike are Progressives, synonymous with statist, utopian and communist.
Entire sections of Obamacare have their origins in the early 20th century Progressive Era eugenics movement (approx. 1899-1939) and “The Passing of the Great Race” by Madison Grant, which was translated to German in 1925. It’s not any misrepresentation or hyperbole to state that many modern day Progressives still hold to the views and beliefs of the early Progressives, when we have a sitting President who voted for partial-birth abortion. We gain further insight into Progressive views, as we read Grant’s work: “The laws of nature require the obliteration of the unfit and human life is valuable only when it is of use to the community or race.” Reconcile that with “Life, Liberty and the Pursuit of Happiness”, if you can!
While Americans are already receiving “refund checks” for the initial purchase of the first month of health care insurance under Obamacare, various areas of the United States, according to the Heritage Foundation, are experiencing between 80% and 200% cost increases, depending on one’s location. And, it gets worse next year, when a new sales tax on health insurance goes into effect with an annual $8 billion price-tag.
Along with Obama’s ignoble lies and distortions regarding health-care reform, we have watched Kathleen Sebelius double-count funds cut from Medicare in order to present $500 billion in fictitious savings. America has also heard the Congressional Budget Office report that 800,000 people will lose their jobs directly due to Obamacare, and start-up costs over-budget are now known to be $2.8 trillion!
Obamacare is designed to fail, and, in the process, this will force Americans into a single-payer system, which will give the government complete control over the individual through numerous avenues of coercion. Senator Harry Reid admitted as much last week on the PBS Round Table, when he stated, “Obamacare is just a stepping-stone to a single-payer system.”
Senator Bob Corker has called continued talk of repeal “just plain silliness.” So, are we to simply lie down and surrender? Are we really going to do nothing to stop Obamacare and its destruction of individual liberty, as government bureaucrats make life and death decisions for us all? HELL NO!
No matter that Congress voted for Obamacare, the President signed it, and Chief Justice John Roberts manipulated and mangled the English language to be certain that he could declare it “constitutional”, it is beyond obvious to so many newly elected Congressmen and Senators, such as Ted Cruz and Mike Lee, and so many ordinary Americans that Obamacare is in fact unconstitutional. Therefore, over the course of the long haul, all good, freedom-loving, patriotic Americans must start working towards a Constitutional Convention, as outlined under Article IV of the U.S. Constitution, and proposed amendments to halt this very type of government abuse and “ELECTIVE DESPOTISM”, that Thomas Jefferson described in his “Notes on the State of Virginia”, which James Madison quoted in Federalist Paper #48; too many great Americans died, on the beachhead of Normandy, near the Yalu River and on the Ho Chi Minh Trail, fighting the very ideology Obama holds dear for Americans to allow this administration, or any like it, to continue unchecked and unrestrained!
To date the House has successfully, if only symbolically, voted to repeal Obamacare 38 times. Of course the Senate refused to do likewise due to the Democrat majority within it, which brings us back to the real and viable act of defunding Obamacare.
Speaker John Boehner often observes that “the House represents only one-half of one-third of the government”, but this should not give him reason to pause at such a critical juncture of history. Congress and the true will of the people have been ignored by the Senate, Obama and the U.S. Supreme Court, and, since all spending must be authorized by the U.S. House of Representatives in accordance with the U.S. Constitution, the Republican House majority must not be afraid to use the power that they now hold; they must not fail to defund Obamacare out of fear that an Obama/Reid initiated government shutdown will cost them the 2014 election: Remember, the Progressive Democrats had no qualms or pangs of conscience when they used every parliamentarian maneuver and dirty trick imaginable to foist this piece of tyranny upon America!
By Justin O. Smith
© Justin O. Smith
Edited by John R. Houk