ObamaCare Repeal Possibilities

FDR,ObamaCare & States' Rights

The Judge (yes, he’s a real judge) gives us a heads-up, straight from the Constitution – a short video that’s a good start for a quick exploration of this ObamaCare repeal issue.  FYI, the Interstate Commerce Clause and General Welfare provisions are not valid bases for imposing this legislation on the states and individuals.  To find out why, we do some historical, political and legal analysis.  So, either strap yourself in or risk emotional and intellectual whiplash.

First up is our link to a powerful look at how we’ve been here before, how it turned out, and the guidance offered for ourselves and the current administration.  J.R. Dunn at The American Thinker had a well-commented-upon post up yesterday called The Supreme Court and FDR’s Power Grab. Now, I know a lot of you are going “Here we go again, the old Conservative animus against FDR.”  Not so…at least not predominantly.  This is thoughtful, relevant history that can be easily checked out.  I urge you to take a look – it’s a fun and informative read.

Next, a short, healthy dose of Public Policy research by The Foundry, a policy blog from the conservative Heritage Foundation. They dig a little deeper than Judge Napolitano, especially regarding constitutional limitations on federal power.

None of these clauses—or any others found in the Constitution—gives Congress the power to create a government healthcare system.

The “General Welfare” clause gives Congress the power “To lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States.”  This clause is not a grant of power to Congress (as constitutional law professor Gary Lawson has shown). It is a limit to a power given to Congress. It limits the purpose for which Congress can lay and collect taxes.

Finally, a contemporary take by political analyst Dick Morris on the steps necessary to repeal and how he weighs its chances of success.  In a blog post for Andrew Breitbart’s Big Government, he has a post titled Take Back Congress to Stop ObamaCare. As you would expect, his is not the conventional, angry take on how to fight the constitutionality of this bill.

The Obama health care bill was an authorization measure which established a program and set down its parameters. But authorization bills are not appropriations. Each year the Congress must act on appropriations for each department and agency in the government. If no funds are appropriated, nothing can be spent.

Just in case you are out of time, patience or interest and decide to not go read this very short piece by Morris, I have to confess I really got a kick out of his Uncle Sam poster.  So, through the magic of blog technology, here it is:

Morris is Serious About This

That’s pretty much of a wrap.  We’ll be talking about this for the next four to six years, by which time the Democrats expect we will be totally (as in totalitarian) embracing ObamaCare in all its particulars, and the notion of repeal will be a small footnote in the history books.  Or not