"The welfare of humanity is always the alibi of tyrants" - Albert Camus

Friday, February 4, 2011

Constitutional Crisis: When Will The American People Rise Up?

The people of Egypt have been making news for the past week with their rebellion against their regime that our not-ready-for-prime time President and Secretary of State have been fueling with their comments (which should tell you that our national interests are being undermined as we watch). 

As I watched the events unfold in Egypt, I could not help but wonder what will it take for the Americans to rebel against our own government after the events of the past three days. 

First, on Monday Judge Vinson ruled that the healthcare overhaul bill that became law of the land last year was, effectively in its entirety, unconstitutional.  His 78 page opinion painstakingly detailed his reasons, with referrals to the founding documents including the Federalist papers (how dare he!).  Although there have been four court rulings - two on each side - by far, this was the most complete and devastating blow to Obamacare.  The judge's ruling went further, on page 75, to state that "the declaratory judgment is the functional equivalent of an injunction" as the 26 states bringing the suit forward had requested. 

At that point, as any ordinary law abiding American would imagine, the Administration should have dutifully halted its efforts to enforce this law which had just been invalidated just as the checks and balances built in to our system meant it to be.  But no, this gangster government would have none of it.  Various Administration officials, the D.O.J., as well as Secretary Sebelius (HHS) made statements that crystallized their intentions to cause a constitutional crisis of sorts by defying the judge's orders.  The White House declared that states cannot use the ruling as a basis to delay implementation in part because the ruling does not rest on "anything like a conventional Constitutional analysis". 

Talk about the pot calling the kettle black!  One might wonder just what is "conventional constitutional analysis?".  In this case, it is progressive speak for judicial activism - ruling based on personal or political considerations rather than on existing law - which the Administration has accused Judge Vinson of.  Yet, Judge Vinson is the only person here who has had the intellectual honesty to lay out his legal analysis based on what the Founding Fathers intended.  Oh, the irony of progressives accusing an originalist with judicial activism!

Like it has been with any other previous case of subversion of the U.S. Constitution, progressives have avoided the available evidence of what the constitution's original intent is.  The U.S. Constitution is like the quick guide to a complex piece of equipment.  Without reading the full owner's manual, which in this case are the Declaration of Independence, the Bill of Rights, and the Federalist Papers, one cannot possibly make true sense of it as the progressive elements of the society know well - thus their animosity towards our founding documents as a whole.  Purposefully not reading the entirety of the Founding Documents has been the dirty secret of 80 years of progressive success in turning the single most brilliant constitution put together in to a living document with devastating impact on the traditional American way of life.

In the legal realm, Judge Vinson's ruling constitutes striking down of Obamacare until his decision is upheld or overturned on appeal.  To compound the situation, the U.S. Senate voted yesterday 51-47, along party lines, to defeat the Republican bill (S-192) that would repeal the Democrat's healthcare overhaul.  The vote came two days after Judge Vinson's order to cease and desist.  So, now we effectively have the Senate Democrats joining, at least in spirit, the Administration in defying Judge Vinson's injunction. 

Senate Majority Leader Harry Reid, who said earlier in the week he hoped the vote would help Republicans get it out of their systems, called on Republicans to "set aside the battles of the past."  In other words, according to the Democrats, the policy debate is largely over - I guess like the science on global warming being largely settled. 

Comments like Senator Reid's or Barbara Mikulski, D-Md., who called the Republican repeal effort "one more hollow, symbolic, pander-to-the-masses amendment", indicate the disdain progressive politicians have towards the citizenry as well as the U.S. Constitution.  The Administration and senate Democrats' actions are a slap in the face of separation of powers provided by the U.S. Constitution and constitute outright sedition. 

Democrats have baselessly accused the Tea Party and anyone else who do not agree with their progressive vision for America for too long now.  While they have backed anti-American leaders in Venezuela, Cuba, Nicaragua, and elsewhere, they turned their backs on friends in Honduras, Colombia, and Iranian protesters last year.  While they whole heartedly back protesters led by the Muslim Brotherhood and a coalition of revolutionary leftists in Egypt and demand immediate response from their government, they have shunned and launched ad hominem attacks on Tea Party types - their own countrymen!  And now, they are thumbing their nose at the U.S. Constitution by refusing to implement a federal judge's ruling.  I ask you, who really is committing sedition?

Finally, I would like to add:  Mr. President, you are quick to foolishly fan the flames of the civil unrest in Egypt, the outcome of which is almost surely to be a much worse alternative for the civilised world as it was in Iran of 1979.  You expect immediate transition of power from the current regime to something no one can even imagine yet.  You say that the Egyptian regime must yield to the will of its citizenry.  I am asking, when will you yield to the will of your citizenry and conduct yourself within the bounds of our constitutional republic as set forth in our founding documents?  When will you respect the separation of powers?  Based on the answer, as your administration's actions indicate, maybe the better question is when will the American people finally rise up?

1 comment:



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