August 17, 2009
© 2009 - NewsWithViews.com
"The catalogue of means and actions which might be imposed upon an employer in any business, tending to the satisfaction and comfort of his employees, seems endless. Provision for free medical assistance, nursing, clothing, food, housing, and education of children, and a hundred other matters might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. Can it fairly be said that the power of Congress to regulate interstate commerce extends to the prescription of any or all of these things? It is not apparent that they are really and essentially related solely to the social welfare of the worker and therefore remote from any regulation of commerce as such? We think the answer is plain. These matters obviously lie outside the orbit of congressional power”. - Railroad Retirement Board v. Alton Railroad Co, 295 U.S. 330, 55 S. Ct. 758 1935)
In my last column, I explained why Marxist Hillary Clinton's attempt to take over of another sector of private industry (health care) failed. It wasn't just a massive back lash from we the people, but because she was advised it would not pass a constitutional challenge. Now that the American people are beaten down with massive government regulations that ruined the finest health care system in this world and a population that is sick and dying, the shadow government is making another attempt to take over another private sector, even though the U.S. Constitution forbids such legislation.
If you are not aware of it yet, ObamaCare as it's being called - Part One was actually buried in the phony stimulus bill. That massive rape was signed into law by the usurper president in February. As Dr. Dave Janda writes, what is being debated now is Part Two. What, you say? Yes, your member of Congress (and mine) pulled another fast one and deceived all of us. Again.
Here is the link to the draconian 'American Investment and Recovery Act of 2009; the same failure as all the wasteful government programs implemented by FDR that prolonged the "Great Depression."
The creation of more worthless federal boards and councils were in the stimulus bill and are now in place. According to Dr. Dave Janda:
"The first part of The Obama Health Care Plan was buried in The Stimulus Bill which was signed into law by the President in February. It is the second part of The Health Care Plan which is now being debated in Congress."
"The underlying method of cutting costs throughout the plan is based on rationing and denying care, not preventing health care need. The plan's method is the most inhumane and unethical approach in cutting costs. The rationing of care is implemented through a Council, equivalent to the National Health Care Board in the British Health Care System. The name given to this panel is The Federal Coordinating Council For Comparative Effectiveness Research (“Federal Council”). (Section 9201 H.R. 1 Version of the Stimulus Bill.)
"President Obama has already appointed the fifteen member Federal Council. According to the Stimulus Bill, p.152, all members of the Council must be “senior federal officers or employees.” Thus, medical treatment will be dispensed by a group of bureaucrats from their ivory towers, not by the hands-on practitioners in the presence of the patients. The council was funded with $1.1 BILLION from The Stimulus Bill."
"According to former New York Lieutenant Governor and Health Policy Analyst Dr. Betsy McCaughey, the Federal Council will set a cost effectiveness standard for treatment. (Stimulus Bill p. 464) Translation.....if you are over 65 or have been recently diagnosed as having an advanced form of cardiac disease or aggressive cancer, dream on if you think you will get treated.....pick out your box..."
You can go to those pages in the bill linked above and verify that Dr. Janda is accurate in his assessment. One of the members of this worthless and totally unnecessary "Federal Council" is Ezekiel J. Emanuel, MD, PhD, brother of America hater, Rahm Emanuel, Comrade Obama/Soetoro's Chief of Staff.
What this means is that the phony stimulus recovery act set up part of the foundation for implementing the unconstitutional provisions in ObamaCare Two. If you read the sections above, all of them are clearly unconstitutional because the courts have ruled that Congress has no authority to legislate medical practice or direct medical practice within the states of the Union:
In Linder v. United States, 268 U.S. 5, 18, 45 S. Ct. 446 (1925), The court ruled: "Obviously, direct control of medical practice in the of states is beyond the power the federal government."
In U.S. v. Anthony, 15 Supp. 553, 555, (S.D. Ca., 1936) and U.S. v. Evers, 453 F. Supp. 1141, 1150 (M.D. Ala., 1978), the court ruled: "...The direct control of medical practice has been left to the states."
And, in Railroad Retirement Board v. Alton Railroad Co., above, the United States Supreme Court said, "These matters obviously lie outside the orbit of congressional power.”
There are hundreds of provisions of ObamaCare Two that are simply and without question unconstitutional. That means your member of Congress (house or senate) has no legal authority to vote for any such legislation. We must continue pounding on these craven scoundrels in Congress (both parties) to defeat Part Two. Let your congress critter and senator know that we the people now know about Part One being deceptively shoved down our throats. We now know the urgency to get Part Two passed: This vile "Federal Council" is now set up and just needs the rest of the treachery to get underway. I say fire them by defeating Part Two. Get rid of these useless paychecks feeding off the fruits of our labor.
Let your U.S. Senator know that any enforcement attempts will be met with lawsuits from individuals, businesses and organizations who are directly impacted by these unconstitutional laws. This monstrous piece of legislation is going to force coverage on nearly all Americans by subsidizing the poor. And, of course, it will penalize individuals and employers who don't purchase health insurance. (Remember those factual links at the bottom of my last column - the numbers and failures don't lie.) Hopefully, more states of the Union will pass emergency legislation to opt out of any legislation signed into law so their citizens don't have to file the lawsuits. They won't do it unless you contract your state rep and senator and tell them this is urgent - even if they are out of session; call their offices. Let's stop future grief before it becomes a nightmare.
Don't fall for the big, splashy headlines from yesterday: White House appears ready to drop 'public option' WASHINGTON – "Bowing to Republican pressure and an uneasy public, President Barack Obama's administration signaled Sunday it is ready to abandon the idea of giving Americans the option of government-run insurance as part of a new health care system." These poltroons have always known the U.S. Constitution does not authorize ANY form of government run insurance for health care, period. Junk the whole bill and take one reform at a time that is within the jurisdiction of the feds, i.e., get this bill passed as soon as they get back:
H.R. 2117, the Health Freedom Protection Act, will end FDA and FTC censorship. Public support for the bill is critical. We the people have the right to seek prevention in our efforts to stay healthy even if it cuts into the profits of the big pharmaceutical companies that buy the favors of Congress.
Pre-existing conditions is one of the biggest cons run by HMOs. I know. My daughter was hit twice by illegal aliens who skipped away scott free thanks to Congress and Bush. She will be on medication for the rest of her life. No HMO would take her when she was self employed if she left her current insurer. That insurance was obtained before the accidents when she worked for a company that had health insurance. She was automatically extended coverage as long as I could pay the premiums every month on time.
How did Health Net in California deal with it once she lost her job because she couldn't work for seven months because of those accidents? By law they had to pick her up. But, in five years her premiums went from $127.50 per month to $600/mo. What they did was try to force her out by continuing to raise the monthly premium. Now, had she married a fellow who was already employed for say, the local school district who has health care coverage, she would automatically be picked up even with her pre-existing conditions which requires medication, not massive hospital bills. These HMOs discriminate against single, self employed men or women. She now works full time in a field where there is automatic coverage as part of the employee benefit package. She is now fully insured even with the same pre-existing condition. This is the kind of imbalance that needs to be corrected at the state level where these corporations do business. That is real health coverage reform.
The other side of the coin no one wants to talk about regarding health care is the refusal by the American people to reform their eating habits and the astronomical cost of obesity in America: