The End of the Constitution?

March 19, 2010
By John

Conspiring to Nullify the Constitution?

The Speaker of the House of Representatives, the Majority Leader of the Senate and the President of the United States are conspiring to violate the explicit dictates of the Constitution of the United States to force their statist vision of health reform on an unwilling public.  They are willing to violate the oaths of office, they are prepared to divide the nation to its core over an ideological agenda, and they are willing to put their party and every elected Democrat anywhere in America at risk for an agenda that is antithetical to American values and interests.

Elections do have consequences.  The Democrats do have large majorities.  But the Law is determined by the Constitution.  Not by place-holder officials.  Not by employing warped and mistaken processes of the past to assault the public’s sensibilities today.  Not by a Rules Committee in the House.  Not in a Party Caucus.  Not even a Courtroom.   Elected officials must play by Constitutionally-defined rules – especially constitutionally named officers of the government – or there is no Law.  Just tyranny.

And what they are proposing to do in Congress to shove this mess into ‘law’ (i.e., the dictates of tyrants) is clearly a violation of the Constitution, and raises a tyrannical flag over the US Capital.  What they intend to do is this:

  • The House lawfully passed a constitutionally questionable health reform bill last summer.
  • The Senate lawfully passed a constitutionally questionable health bill on Christmas Eve, 2009.
  • They had planned to go to conference in January to work out the details – as is the prescribed in the Article I, Section VII Constitutional process – until Scott Brown’s surprise election in Massachusetts crushed their plans to use supermajorities to shove this down our throats.
  • They spent the last two months trying to a way to manipulate the numbers, the truth and the bills to get enough votes to pass some compromise version of it.  But they can’t get anything like this through the Senate now, so all the attention has focused on the House.
  • The House could simply vote to accept the Senate bill, and avoid further debate.  But they don’t have the votes to pass it there.
  • So they’re going to use unconstitutional legislative chicanery to ‘deem’ the Senate bill passed, and then pretend it is law.  Specifically:
    • They have created a ‘reconciliation bill’ that includes fixes, buyoffs and other garbage that House members demand to get their vote.  There are doubtless sinecure offers for Congresspersons who lose in November, their families and their friends.
    • House members will vote (ironically on a Sunday during Lent) on a rule that accepts the language of the reconciliation, and ‘deems’ the Senate bill as passed as a part of that rule.  They will cast one vote for the combined rule, thereby claiming not to having voted for the despised Senate bill.
    • The Speaker will then break out the ‘deemed’ Senate portion of the bill and certify it as having passed the House, and send it to the President for signature.
    • The ‘reconciliation’ portion of the bill will be sent to the Senate for review, where it is likely to die because NO ONE wants to touch health care again.
    • In effect, the Speaker will break out the pieces of the passed rule (not law) that are from the Senate bill (which she likes), and toss the rest in the trash bin.
    • How does this meet the Constitutional requirement that identical bills be voted upon and passed in Congress?  It does not.

The implications for this legislation – and all future bills – are horrific.  The Constitution specifically requires that both houses agree upon the same language for a single bill to allow it to be sent to the President.  This requires horse-trading, bona fide negotiations, and yes – sometimes ugly compromises – to get to an agreed bill that can become law.  It forces some consideration of constitutionality, the balancing of voter interests, and consideration of public opinion.  They are eliminating this requirement as being inconvenient – and basically doing whatever they want.

The Faces of American Tyranny

Using this new approach, we can just ignore all that inconvenient stuff in the future (and the White House yesterday said they may use it again for immigration reform and more).    We can just bury tyrannical, controversial elements within bills Congresspersons otherwise feel like they have to vote for – like funding the troops in a war zone – and then let the Speaker and Majority Leader figure out what they really want to send to the President.   Heck, why vote at all?  Why shouldn’t the leadership just deem what Congress wants to pass and enact it?  Or why shouldn’t the President just ‘deem’ what Congress should have passed, and call that Law?

This is how tyranny happens.  The Law is just ‘procedural stuff’ (as the President said on Fox News the other day), and what matters is what you do.  So do what you want, and call it the law.

This is wrong.  This is dangerous.  This is tyrannical.  This is the collapse of the Constitutional order.  This is impeachable.  It demands nullification.  It demands objection and vigorous resistance at every level of society.  Because this takes us very close to The End.

If the Judicial Branch will not stand up to this and stop it – then we really do have change we believe can believe in.  And that change is called Fascism.  We are going to have to take a long look in the mirror on Monday (presuming this passes), and ask what we are willing to do about this obscenity of a bill and the mobsters who now lead our government in Washington.

Note:  If you have time, these are the names of members of Congress that will determine whether this rule is passed.  Call them and tell them you’re watching, and that you will oppose them in any election they stand for, for the rest of time, if they vote for it.

US Representative District Office Capitol Hill Office
Adler, John (732) 608-7235 (202) 225-4765
Altmire, Jason (724) 378-0928 (202) 225-2565
Baird, Brian (360) 352-9768 (202) 225-3536
Berry, Marion (870) 972-4600 (202) 225-4076
Boucher, Rick (540) 628-1145 (202) 225-3861
Carney, Christopher (570) 585-9988 (202) 225-3731
Chandler, Ben (859) 219-1366 (202) 225-4706
Dahlkemper, Kathy (814) 456-2038 (202) 225-5406
Driehaus, Steve (513) 684-2723 (202) 225-2216
Ellsworth, Brad (812) 465-6484 (202) 225-4636
Foster, Bill (630) 406-1114 (202) 225-2976
Giffords, Gabrielle (520) 881-3588 (202) 225-2542
Gordon, Bart (615) 896-1986 (202) 225-4231
Hill, Baron (812) 336-3000 (202) 225-5315
Kilroy, Mary Jo (614) 294-2196 (202) 225-2015
Murphy, Patrick (215) 826-1963 (202) 225-4276
Nye, Glenn (757) 789-5092 (202) 225-4215
Perriello, Tom (434) 293-9631 (202) 225-4711
Pomeroy, Earl (701) 235-9760 (202) 225-2611
Salazar, John (719) 543-8200 (202) 225-4761
Schauer, Mark (517) 780-9075 (202) 225-6276
Space, Zack (740) 779-1636 (202) 225-6265
Teague, Harry (575) 622-4178 (202) 225-2365
Wilson, Charlie (740) 533-9423 (202) 225-5705

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