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Obamacare: SCOTUS won’t save the day

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Marti Oakley      Copyright 2012 All Rights Reserved

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Having talked with numerous individuals about the case in the Supreme Court challenging the individual mandate which is the pivotal constitutional assault in Obamacare, I found it curious that there are people out here who actually believe SCOTUS will do the right thing. After all, most of us are very aware that this KILLED BY SCOTUSmonstrosity of a bill is clearly unconstitutional on many levels and the Supreme’s will surely point that out and strike it down, won’t they?

But then I got to thinking…….why is it that they will not have a ruling until June sometime?  Why will it take these supposed experts months to render a five-minute decision?  Most of us knew before this assault on the public was passed that it was unconstitutional…….but these legal constitutional experts don’t?  They have to decide if it is or not and it will take them a long time?

I am also waiting for Elena Kagen to recuse herself from hearing the case on Obamacare.  Her past, but oh so recent, affiliation with the president should disqualify her from sitting in on the hearing or contributing to the ruling.  Of course she never recused herself when the issue of the birth certificate came up either.

I can only speculate that Kegan is following the example set by Clarence Thomas, former Monsanto attorney, who refused to recuse himself from cases involving Monsanto.  Gosh….I wonder how those turned out?  Oh! That’s right!  Monsanto got everything it wanted.  Imagine that!

What is the enabling clause for Obamacare?

When Nancy Pelosi claimed it was being passed under the commerce clause, then had to back track and claim it was under the taxation clause, because although the feds can tax they were never supposed to be involved in regulating commerce within the states, no one said a word.  In fact, the claim that the fines that would result if individuals refused or could not afford the artificially bloated insurance rates that are the result of Obamacare, were actually taxes but would not be treated as taxes, should have sounded an alarm.  Pelosi and the criminal gang on CRAPital Hill never batted an eye even after they were caught with their constitutional drawers around their ankles. More

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“The Commerce Clause – Pathway to a Dictatorship!”

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By Ron  Ewart, President
National Association of Rural  Landowners
and  nationally recognized author on freedom and property rights  issues.
We  are helping to spread freedom and liberty around the  globe.
© Copyright Sunday, March  18, 2012 – All Rights Reserved

“By permitting Congress to regulate so much of our lives under the Commerce Clause, the Supreme Court has changed the federal government from one of limited and enumerated powers, to one with few exceptions to its power.”  Walter E. Williams, Professor and Columnist

It has been proven out many times by history, that human nature is vastly more influential on the affairs of man, than any agreements that exist between men to control their affairs. Charters, constitutions and treaties between geopolitical entities, or between governments and the people, are nothing more than “blue prints” to govern those affairs. But since men have been breaking agreements between themselves since the dawn of civilization, disputes arise often and those disputes are sometimes resolved through negotiations and arbitration, or the passing of, or revisions to, more “blue prints”, or other times they are resolved by war, when negotiations or arbitration reach an impasse. Thus, there is a constant battle between human nature and those “blue prints” that are designed to control human nature.

There is a general misconception by most people on what a contract (a “blue print” for behavior) between people, businesses, or governments, really means and what it is designed to do. We can’t remember the number of times people have said to us, in the course of 30 years in real estate development and investments: “He can’t do that, we have a contract!” And we could only respond with, “…. people can do anything they want to do. A contract only spells out what the parties are to do while the contract is in full force and effect and what to do when one or both of the parties violate or are in breach of the contract terms.” That is why contract law takes up so much room on the law bookshelf and that is why courts are full of people who violate or allegedly violate their contracts. Again, it is readily apparent that human nature has much more power over man, than man has to control human nature by law. More

Wheat, Weed, and ObamaCare: How the Commerce Clause Made Congress All-Powerful

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reason.tv: “How did a clause intended as a restriction on states wind up giving Congress a green light to regulate noncommercial, local, and purely private behavior? How will ObamaCare stand up against the legal challenges brought by the states? Legal titans John Eastman (Chapman University Law Professor) and Erwin Chemerinsky (Founding Dean, University of California, Irvine School of Law) slug it out to to determine whether or not Congress has been abusing the commerce clause.”

Judge Napolitano: The commerce clause does not give the federal government the right to legislate healthcare

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Andrew P. Napolitano is a 59 year old former New Jersey Superior Court Judge.  He is a graduate of Princeton University, and Notre Dame Law

School. At Princeton he was a founding member of the Concerned Alumni

 of Princeton along with Justice Samuel Alito.

Judge Napolitano is the youngest life-tenured Superior Court judge in

the history of the State of New Jersey.

Click below and listen to Judge Napolitano’s important message to all

 Americans.

 

 

Admiralty Law: The obliterating of Constitutional rights and liberties

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 Live link:  Legal Information Institute

admiralty: an overview

 Admiralty law or maritime law is the distinct body of law (both substantive and procedural) governing navigation and shipping. Topics associated with this field in legal reference works may include: shipping; navigation; waters; commerce; seamen; towage; wharves, piers, and docks; insurance; maritime liens; canals; and recreation. Piracy (ship hijacking) is also an aspect of admiralty.

The courts and Congress seek to create a uniform body of admiralty law both nationally and internationally in order to facilitate commerce. The federal courts derive their exclusive jurisdiction over this field from the Judiciary Act of 1789 and from Article III, § 2 of the U.S. Constitution. Congress regulates admiralty partially through the Commerce Clause. American admiralty law formerly applied only to American tidal waters. It now extends to any waters navigable within the United States for interstate or foreign commerce. In such waters admiralty jurisdiction includes maritime matters not involving interstate commerce, including recreational boating. Continue Reading »

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