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Sunday, November 14, 2010

The Brink Of Servitude

In a little over two months the newly-elected members of the U.S. House and Senate will take their seats fully vested with the authority of the Constitution. This is the product of the people, Tea Parties and freedom-loving American organizations all across the land, taking the legal route to demanding the outright repeal of the Patient Protection and Affordable Care Act (Obamacare). It is possible that they may first pass an extension of the Bush era tax cuts.

Here is the plan. The Congress should not pass an extension of the Bush era tax cuts without attaching, as an amendment thereto, a repeal of Obamacare. As the left always points out, the tax cuts need to be paid for. While I refuse to accept the premise that tax cuts need to be paid for, let them explain how they would vote for the maintenance of the tax cuts without providing for spending cuts to "pay" for them. One source of tax revenue and efficiency that would yield revenue would be to repeal PPACA. The lie of its positive effects on the budget has been exposed.

There are savings to be derived from the NON-implementation of the PPACA. Regulations and requirements of the PPACA are already costing valuable time and effort in the workforce. Taxes to pay for these regulations will soon go into effect, along with compliance requirements. We are right now feeling the steel against our skin as the yoke decends on the social neck. Immediate nullification would relieve any number of health care providers and businesses of obligations that the federal government is currently giving waivers to "favorite" organizations anyway. Let's call them the "McDonalds" waivers. Most small businesses will not be afforded these same favors, only those heavily unionized and powerful companies will receive these advantages.

The collaborators are already being paid off by the administration. This preferential treatment is called a "Bill of Attainder" and it is prohibited in Article 1, Section 9. Actually a Bill of Attainder says that the government cannot single out a person or a corporation for punishment, but when it chooses "favorites" among the industry it in effect punishes those corporations in competition with the favorites and acts as a de facto punishment.

The people are now on the brink of servitude. It is clear that PPACA is a violation of the Constitution, in fact it nullifies every restriction on the government from imposing its will on the people by taking the commerce clause to mean that forcing participation in commerce is within the perview of the government. This very dangerous legal position is but one of the extra-Constitutional aspects of the law and any agreement with it, or modification of it does not utterly destroy the legal position taken in the overall tone of the legislation.

1/21/2011 Liberation!

Cross-posted at WASHINGTON REBEL.


  1. I'm copying this comment from the REB.
    “The Bill of Attainder” angle would make a far better court case than it will a political argument unless your argument is that it’s fundamental unfairness only helps Big Business/Crony Capitalism. This single power to dispense with requirements of this law without any objective standards other than the “discretion” of the Secretary of Health and Human Services is really astounding. This type of discretionary power placed in the hands of unelected bureaucrats permeates all of the “reforms” passed by the 111th congress.
    As for attaching repeal of heath care to extending the tax cuts would be a brilliant bit of brinkmanship bravo. Probably conservative electoral suicide in 2012 though.

  2. Okay, you can just respond here to my last comment there, if you wish.


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