One of our readers, bill, points out in a comment on A congress of whores below, that ‘the very act of government involvement in the health care industry is unconstitutional’.

Larry Elder agrees, in an article titled ObamaCare: Freedom on Life Support at Townhall:

What words in the U.S. Constitution allow the federal government to compel every American to purchase health insurance? Where does the Constitution allow the federal government to take money from some Americans and give it to others so that they may purchase health insurance?…

The same people who railed against the Patriot Act, the terror surveillance program and “illegal” torture happily unleash the power of the federal government to redistribute wealth for ObamaCare … Never mind the absence of authority in the Constitution.

The left tells us that “health care is a right, not a privilege.” Surely the Constitution says so. No, it does not. Article I, Section 8 details the limited power, duties and responsibilities of the federal government. Extracting money from your paycheck and giving it back to you when you retire — Social Security? Not there. Taxing workers to pay for the health care of seniors — Medicare? Not there. Mandating that employers pay workers a minimum wage? Not there.

This is not hypothetical. During the Great Depression, the Supreme Court struck down much of President Franklin D. Roosevelt’s New Deal on constitutional grounds. No, said the Court, the federal government cannot use the Constitution’s commerce clause to regulate virtually all economic activity. No, said the Court, the federal government cannot use the welfare clause to redistribute wealth, whether or not it accomplishes a socially or economically desirable objective.

The Court asserted that the Constitution meant what it said and said what it meant. …

Bribery has secured enough votes to pass the Senate’s unpopular health care legislation. In plain truth, the Senators who have shamelessly sold their votes to their own party are political prostitutes.

It does not matter to them that it is a bad bill. They got their price.

Among the many bad provisions there is one that may even be unconstitutional.

From Erick Erickson at REDSTATE:

[Sen. Harry] Reid has slipped a provision into the health care legislation prohibiting future Congresses from changing any regulations imposed on Americans by the Independent Medicare [note: originally referred to as “medical”] Advisory Boards, which are commonly called the “Death Panels.”…

On December 21, 2009, … Harry Reid sold out the Republic in toto. … Senators discovered section 3403 [of the health care bill]. That section changes the rules of the United States Senate.

To change the rules of the United States Senate, there must be sixty-seven votes.

Section 3403 of Senator Harry Reid’s amendment requires that “it shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment, or conference report that would repeal or otherwise change this subsection.” The good news is that this only applies to one section of the Obamacare legislation. The bad news is that it applies to regulations imposed on doctors and patients by the Independent Medicare Advisory Boards a/k/a the Death Panels. …

Senator Jim DeMint confronted the Democrats over Reid’s language. In the past, the Senate Parliamentarian has repeatedly determined that any legislation that also changes the internal standing rules of the Senate must have a two-thirds vote to pass because to change Senate rules, a two-thirds vote is required. Today, the Senate President, acting on the advice of the Senate Parliamentarian, ruled that these rules changes are actually just procedural changes and, despite what the actual words of the legislation say, are not rules changes. Therefore, a two-thirds vote is not needed in contravention to longstanding Senate precedent.

How is that constitutional?

The Senate Democrats are ignoring the constitution, the law, and their own rules to pass Obamacare….

Erickson goes on to consider the case for secession – or is he suggesting a dissolution of the union?

To quote the Declaration of Independence:

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

This, Ladies and Gentlemen, is one of those causes. When the men and women who run this nation, which is supposedly a nation of laws not men, choose to ignore the laws and bribe the men, the people cannot be blamed for wanting to dissolve political bands connecting them to that government.

Here, from the Wall Street Journal, is an article endorsing the idea quoted in the post below (Have they won?), that the states should curb the powers of the federal government; but setting out a more reasoned argument for how it might be done, by constitutional amendment.

For nearly a hundred years, federal power has expanded at the expense of the states—to a point where the even the wages and hours of state employees are subject to federal control. Basic health and safety regulations that were long exercised by states under their “police power” are now dominated by Washington.

The courts have similarly distorted the Constitution by inventing new constitutional rights and failing to limit governmental power as provided for in the document. The aggrandizement of judicial power has been a particularly vexing challenge, since it is inherently incapable of correction through the normal political channels.

There is a way to deter further constitutional mischief from Congress and the federal courts, and restore some semblance of the proper federal-state balance. That is to give to states—and through them the people—a greater role in the constitutional amendment process. 

The idea is simple, and is already being mooted in conservative legal circles. Today, only Congress can propose constitutional amendments—and Congress of course has little interest in proposing limits on its own power. Since the mid-19th century, no amendment has actually limited federal authority.

But what if a number of states, acting together, also could propose amendments? That has the potential to reinvigorate the states as a check on federal power. It could also return states to a more central policy-making role. …

The answer is to amend the Constitution to permit two-thirds of the states to propose amendments directly. To do so, of course, means that the states would have to first call for a constitutional convention—at which they could propose such a change.

What about the risk of a runaway convention? We think that risk is very small. In the first place, the Constitution is not the Articles of Confederation, which were ratified only six years before they were replaced.

By contrast, the American people are profoundly attached to the Constitution. It cannot and will not be replaced by an amending convention. In any event, nothing proposed at such a convention—including a change to the current amendment process—could be adopted without three-fourths of the state legislatures agreeing. …

The Framers of the U.S. Constitution never thought the balance of powers between states and the federal government would ever get so profoundly distorted. James Madison dismissed claims that the new federal government could displace the states as “chimerical fears,” assuring his readers in The Federalist Papers that “[t]he powers delegated by the proposed Constitution to the Federal Government, are few and defined. Those which are to remain in the State Governments are numerous and indefinite.” Indeed, the Framers considered a “vertical” separation of powers—between federal and state authority—just as important as guaranteeing the success of liberty as the “horizontal” separation of powers between the president, Congress and the courts.

True enough, re-establishing a proper balance—where, as Madison wrote in The Federalist Papers, Washington is responsible “principally [for] external objects” and the states for “all the objects, which, in the ordinary course of affairs, concern the lives, liberties and properties of the people”—will not be easy.

The gain will be substantial. Although it seems that permitting the states to propose amendments is a small thing, especially because ratification would still require three-fourths of the states to agree, it would shift the power calculus—and create a potential for action that the president, Congress and courts could never ignore as they consider the proper boundaries of their own authority.

Moreover, the effort to enable the states to check Washington’s power would provide a constructive outlet for much of the growing anger—specially evident in phenomena such as the “tea party” movement—toward the political elites of both parties. It is not a partisan proposal and is difficult to oppose. The purpose is to move significant authority closer to the electorate, but in a measured, “conservative” manner that is in no sense “populist.”

Opponents would have no fig leaf. They would have to openly argue that any effort to limit Washington’s reach is a bad thing. And that is an argument they are likely to lose.

Read it all here.

With the federal government taking control of one sixth of the economy by means of ‘health care reform’, America is on the road to socialism and consequent decline, and it’s hard to see how the damage can be undone. Once entitlements are granted in law it becomes well nigh impossible to take them away again, as Europe has learnt the hard way.

Has America gone over the ‘precipice’, to use Obama’s word for this change? (We suspect he didn’t know what the word means, but it’s more apt than he could have intended.)

What sort of world is emerging with the connivance, or the capitulation, of the new weaker socialist America, which will no longer protect Western civilization?

Will America no longer be ‘the last best hope on earth’?

Is global government, the tyranny from which there can be no escape, inevitable?

Is there anything dissenting Americans – apparently a majority if the polls are right – can do to recover their liberty? Or is it too late to do anything?

Is there any point in looking to the Republican Party? Seems not, with its present leaders.

What if it had stronger leadership?

Here’s a suggestion by JB Williams at Canada Free Press:

This morning on Fox Sunday with Chris Wallace, Sen. John McCain (R-Ariz.) conceded that Republican senators won’t be able to stop Democratic health care reform legislation from passing the Senate before Christmas.

“We will fight until the last vote,” McCain told Chris Wallace. “We owe that to our constituents, because we must do everything—we must look back and say we did everything to prevent this terrible mistake from taking place.”

I beg to differ with Senator John McCain… (which is nothing new) …

Another useless NAY vote is NOT everything they can do! …

McCain is right about one thing… Congressional Republicans have NO “legislative” POWER to stop the current assault on all things American taking place in Washington DC today. That’s because there is NO legitimate legislative process taking place in Washington DC today.

In the good old days, when the three administrative branches of the federal government kept independent checks upon each other, politicians were able to hide behind their NAY vote as a demonstration of opposition to anti-American and unconstitutional policies.

Those days are gone!

There is NO legitimate legislative process taking place in Washington DC today and even those who support this anti-American nonsense know it. More than 60% of American citizens strongly oppose every policy coming out of DC today – President Obama’s personal approval rating is in the toilet and still sinking, as is the approval rating of the leftist controlled congress.

Still, the left accelerates its rush into unbridled Global Marxism as if totally unconcerned with the “will of the people”, their limited constitutional authority, or the objections of Republicans in congress.

Republicans have only ONE chance left!

To save themselves from being painted with the same Marxist brush appropriate for today’s Democrats, stop the current slaughter of Americans sovereignty, security and prosperity, and unite the 60% of Americans in desperate need of leadership, congressional Republicans have ONE play remaining.

WALK OUT and STAY OUT!

Walk out of congress TODAY!

Force leftist Democrats to destroy this nation all alone!

Publicly name every vote bought off with state pork in the last ten months!

Call it what it is, a complete sham and rape of this nation!

Refuse to provide any form of cover for this sham and return home!

Once home, meet with state legislators to erect Tenth Amendment walls of defense at the state lines!

Once state defenses are erected, begin meeting with Tea Party and Town Hall patriots to begin the process of reclaiming the free republic.

Your Alternative?

Go down in flames with all other anti-American leftists in DC, currently running roughshod over the vast majority of American citizens opposed to everything going on in that sinking cesspool of political corruption called the federal government. …

Obama’s policies are set to tip these states and maybe others, over the brink in early 2010!

Trust me when I tell you, Congressional Republicans have NO other viable options.

But we have entered a new era in America… The enemies of freedom and liberty are in full control of all three branches of the federal government. There is NO legitimate constitutional process in Washington DC today. Republicans have NO “in chamber” power to stop the dismantling of America and only three defenses of the free republic remain.

Republicans MUST separate themselves from the sham immediately or go down in flames with the Democratic Socialists of America in charge!

The state legislatures MUST erect Tenth Amendment walls of defense at the state lines.

The people MUST unite in patriotic resistance, with or without Republicans!

The Republicans in Congress are very unlikely to take such bold action. So what remains? Many recognize that this is a critical moment for America and the world. Even among the well-behaved, mild-mannered Tea Party protestors there are some who talk of secession, and some even of revolution.

Many Americans are arming themselves. Is the revolution, if it comes, likely to be a violent one?

Might Heaven be best described as simply the opposite of Hell: an eternal experience of pleasure, happiness, success, desirable company, instant gratification, hope fulfilled?  Most people would probably agree on that being ‘heavenly’ in a general way. But just what brings pleasure and happiness, who in particular provides the right company, exactly what wishes need to be gratified and what hope fulfilled, are questions to which there will be as many answers as there are people.

No one has been able to describe ideal conditions for life on this earth that would be attractive to all or most people – or even ‘equally as much to my friend as to myself’. One man’s ideal state is another man’s purgatory. How many would choose to live, for instance, in Thomas More’s Utopia?

It is a communist, slave-owning society. The slaves are foreigners or criminals. (Their chains are made of gold, but that’s unlikely to be much of a consolation to them.)

All the citizens, both men and women, live by compulsory labor on the land and in handcrafts, except a minority who are scholars and may choose to become ruling officials or priests. The ruling officials, the ‘administrators’, watch over and control the rest. They monitor and correct activity in every household, and uniformly govern the affairs of the towns. They constitute the state.

All religions are tolerated. Atheism is too, but it is despised and feared, and atheists are subjected to constant counseling by the priests to cure them of their perversity.

Meals are eaten communally, households taking it in turns to prepare them. The administrators get the best food.

There is no private property. Everyone is dressed in the same simple garment. People ask for what they need and officials dispense it to them.

Everyone gets free health care. Euthanasia is administered by the state. Citizens feel protected from the struggle for survival and the need to make hard decisions, but at the cost of self-determination.

No one may choose to leave the country, which is an island, or travel about in it without a permit. To do so is a crime punishable by enslavement.

Women toil in the fields and workshops equally with the men for the same six hours a day.  But they are subject to the will of their husbands. They may not wear make-up. They have to confess their sins to their husbands once a month. They alone carry out the domestic chores (in addition to their other work). A few may become priests in their old age, but not administrators.

Both men and women are given military training, but women are never put in command over men.

Gambling and hunting are forbidden to all.

It is a vision that partly matches and partly differs from that of the Left in our time. One notable difference is that in Utopia there is no sexual freedom. Pre-marital sex is punished by forced celibacy for life, and adultery by enslavement.

In Karl Marx’s ideal egalitarian society the state will eventually ‘wither away’, there’ll be no private property, and the only authority will be one that administers and distributes things (as in More’s Utopia), ‘to each according to his need’  – the need being judged by the distributors. But where his theories were put into practice, in Russia, China, Cambodia, Cuba, North Korea, the state remained robust, the people lost their liberty and suffered poverty, misery, arbitrary incarceration, summary execution, forced starvation, massacre, torture, enslavement, labor under the lash.

It seems that the plans of a few for how everyone should live will always turn out to be hellish. No one can plan a public heaven, because heavens are made of infinitely variable individual choices.

Hells are communal projects, but every real Heaven is a private enterprise.

Jillian Becker  December 18, 2009

Roger Scruton sets out the opposing ethical-political views of conservatives and liberals in his article Totalitarian Sentimentality in The American Spectator. It is well worth reading in full.

In part he writes:

The USA has descended from its special position as the principled guardian of Western civilization and joined the club of sentimentalists who have until now depended on American power. In the administration of President Obama we see the very same totalitarian sentimentality that has been at work in Europe, and which has replaced civil society with the state, the family with the adoption agency, work with welfare, and patriotic duty with universal “rights”. The lesson of postwar Europe is that it is easy to flaunt compassion, but harder to bear the cost of it. Far preferable to the hard life in which disciplined teaching, costly charity, and responsible attachment are the ruling principles is the life of sentimental display, in which others are encouraged to admire you for virtues you do not possess. This life of phony compassion is a life of transferred costs. Liberals who wax lyrical on the sufferings of the poor do not, on the whole, give their time and money to helping those less fortunate than themselves. On the contrary, they campaign for the state to assume the burden. The inevitable result of their sentimental approach to suffering is the expansion of the state and the increase in its power both to tax us and to control our lives.

As the state takes charge of our needs, and relieves people of the burdens that should rightly be theirs — the burdens that come from charity and neighborliness — serious feeling retreats. In place of it comes an aggressive sentimentality that seeks to dominate the public square. I call this sentimentality “totalitarian” since — like totalitarian government — it seeks out opposition and carefully extinguishes it, in all the places where opposition might form. Its goal is to “solve” our social problems, by imposing burdens on responsible citizens, and lifting burdens from the “victims,” who have a “right” to state support. The result is to replace old social problems, which might have been relieved by private charity, with the new and intransigent problems fostered by the state: for example, mass illegitimacy, the decline of the indigenous birthrate, and the emergence of the gang culture among the fatherless youth. We have seen this everywhere in Europe, whose situation is made worse by the pressure of mass immigration, subsidized by the state. The citizens whose taxes pay for the flood of incoming “victims” cannot protest, since the sentimentalists have succeeded in passing “hate speech” laws and in inventing crimes like “Islamophobia” which place their actions beyond discussion. This is just one example of a legislative tendency that can be observed in every area of social life: family, school, sexual relations, social initiatives, even the military — all are being deprived of their authority and brought under the control of the “soft power” that rules from above.

This is how we should understand the award of the Nobel Peace Prize to President Obama. … The prize is an endorsement from the European elite, a sigh of collective relief that America has at last taken the decisive step toward the modern consensus, by exchanging real for fake emotion, hard power for soft power, and truth for lies. What matters in Europe is the great fiction that things will stay in place forever, that peace will be permanent and society stable, just so long as everybody is “nice.” Under President Bush … America maintained its old image, of national self-confidence and belligerent assertion of the right to be successful. Bush was the voice of a property-owning democracy, in which hard work and family values still achieved a public endorsement. As a result he was hated by the European elites, and hated all the more because Europe needs America and knows that, without America, it will die. Obama is welcomed as a savior: the American president for whom the Europeans have been hoping — the one who will rescue them from the truth.

The Democrats in power are self-doomed to failure. What cannot work, won’t work. But a lot of damage can be done while they keep trying.

From an article by Byron York in the Washington Examiner (all of it is worth reading here):

To some observers, the Democrats’ race to pass national health care seems irrational — even suicidal. Don’t party leaders understand how much the public opposes the bills currently on the table? Don’t they know that voters are likely to take their revenge at the polls next year? Given that, why do they keep rushing ahead?

Just look at the RealClearPolitics average of polls, which shows that Americans oppose the national health care bills currently on the table by a margin of 53 percent to 38 percent. That’s not just one poll that might tilt right or left, it’s an average of several polls by several pollsters. And the margin of opposition seems to be growing, not diminishing. And yet Democrats seem determined to defy public opinion. Why?

I put the question to a Democratic strategist who asked to remain anonymous. … [In his reply] he compared congressional Democrats with robbers who have passed the point of no return in deciding to hold up a bank. Whatever they do, they’re guilty of something. “They’re in the bank, they’ve got their guns out. They can run outside with no money, or they can stick it out, go through the gunfight, and get away with the money.”

That’s it. Democrats are all in. They’re going through with it. Even if it kills them.

The Canadian journalist Diane Francis has written an article in the Financial Post, expressing the opinion that the whole world should adopt China’s one-child-only policy in order to reduce the world’s population.

The environmentalists hold to the view, as little fact-based as all their views tend to be, that over-population is a threat, when in fact most countries, notably all of Europe and Japan, have precisely the opposite problem: birth-rates so low that the Italians, the Irish, the Spanish, the Portuguese (all predominantly Catholic countries, note) as well as the British, the Scandinavians, the Russians, the Japanese are literally dying out.

The environmentalist view is that human beings are messy creatures, doing more harm than good to the planet. The Green vision is of a clean, nay a pure planet. In truth, their ideal could only be realized by the total elimination of the filthy human species.

Here’s what Diane Francis has to say:

The “inconvenient truth” overhanging the UN’s Copenhagen conference is not that the climate is warming or cooling, but that humans are overpopulating the world.

A planetary law, such as China’s one-child policy, is the only way to reverse the disastrous global birthrate currently, which is one million births every four days.

The world’s other species, vegetation, resources, oceans, arable land, water supplies and atmosphere are being destroyed and pushed out of existence as a result of humanity’s soaring reproduction rate. [This is the sheerest nonsense – JB]

Ironically, China, despite its dirty coal plants, is the world’s leader in terms of fashioning policy to combat environmental degradation, thanks to its one-child-only edict.

The intelligence behind this is the following:

-If only one child per female was born as of now, the world’s population would drop from its current 6.5 billion to 5.5 billion by 2050, according to a study done for scientific academy Vienna Institute of Demography.

-By 2075, there would be 3.43 billion humans on the planet. This would have immediate positive effects on the world’s forests, other species, the oceans, atmospheric quality and living standards.

-Doing nothing, by contrast, will result in an unsustainable population of nine billion by 2050.

Humans are the only rational animals but have yet to prove it. Medical and other scientific advances have benefited by delivering lower infant mortality rates as well as longevity. Both are welcome, but humankind has not yet recalibrated its behavior to account for the fact that especially if billions get indoor plumbing and cars.

The fix is simple. It’s dramatic. And yet the world’s leaders don’t even have this on their agenda in Copenhagen. Instead there will be photo ops, posturing, optics, blah-blah-blah about climate science and climate fraud, announcements of giant wind farms, then cap-and-trade subsidies.

None will work unless a China one-child policy is imposed. Unfortunately, there are powerful opponents. Leaders of the world’s big fundamentalist religions preach in favor of procreation and fiercely oppose birth control. And most political leaders in emerging economies perpetuate a disastrous Catch-22: Many children (i. e. sons) stave off hardship in the absence of a social safety net or economic development, which, in turn, prevents protections or development.

China has proven that birth restriction is smart policy. Its middle class grows, all its citizens have housing, health care, education and food [this has long been a popular myth on the Left – JB], and the one out of five human beings who live there are not overpopulating the planet. [What sense can be made of this statement? – JB]

For those who balk at the notion that governments should control family sizes, just wait until the growing human population turns twice as much pastureland into desert as is now the case, or when the Amazon is gone, the elephants disappear for good and wars erupt over water, scarce resources and spatial needs.

The point is that Copenhagen’s talking points are beside the point.

The only fix is if all countries drastically reduce their populations, clean up their messes and impose mandatory conservation measures.

Impose, impose, impose. And because ‘over-population’ is a world problem, there must be a World Authority with the power to impose its will on every single one of us. Totalitarianism on a scale that Lenin could only have dreamed of.

This is neo-Malthusianism. Human beings are not as Malthus or this lady imagines them.

Diane Francis’s article is typical of the thinking of the Left. It is sociological. Sociology is a collectivist idea, a way of seeing people merely as units of a species.

The sociological, leftist, Green view is anti-human, chiming harmoniously with the view of the Communist Chinese government that Diane Francis praises. The naturally dictatorial Greens (including Barack Obama’s adviser, Cass Sunstein) are all for forced sterilization and forced abortion to solve a non-existent problem of over-population. They surely have no objection to another Communist Chinese method of keeping the population down: the murder, usually by exposure and neglect, of millions of babies born alive, most of them girls.

It should never be forgotten that every human being is a repository of meaning, the only meaning there is in the known universe. Every human being is a world. No two are the same.

A critical mass of humanity is needed before you get your innovators, your geniuses, and all of us, even the foolish and the mad among us, can make our contributions.

How can we bear to miss it?

From Politico:

Iranian Prime Minister Mahmoud Ahmadinejad, Venezuelan President Hugo Chavez and Zimbabwean President Robert Mugabe plan to address negotiators at international climate talks in Copenhagen next week. …

The assistant president of Sudan [ you know, where Dafur is], Nafie Ali Nafie kicks off the speeches at noon on Wednesday. Nafie chairs the G-77 group, a block of developing nations pushing hard for more money and stricter emissions cuts from rich countries.

Mostapha Zaher, director-general of Afghanistan’s Environmental Protection Agency [who knew there was such a splendid thing?], is listed as the final speaker. …