A Hollywood Republican

This blog is for an open discussion on politics. My views will be to the right as will be most of the posters. But, we are willing to post alternative viewpoints as lons as they are well thought out. I started this in response to the Obama election and will continue it as long as it feeds a need.

Aug 14, 2009

Health Reform and The Tenth Amendment

To begin with, I would like to thank Ira Schwartz for his contribution to the blog this week. The article was very informative and directly to the point on HR 3200 which in my opinion, is one of the worst pieces of legislation ever to be considered by Congress. It, not only, would lead us down the path of socialism, but, in the process, would bankrupt the entire country. Mr. Schwartz gave a very succinct and direct critique of the bill. However, I would just like to state, that if you read the bill, you will find many more problems. The issue of space just did not allow Mr. Schwartz to write more.

I am very happy to see that citizens are showing up at Town Hall meetings throughout the country and voicing their complaints about that bill and health care reform in general. It is actually quite funny watching Congressmen squirm when the tough questions are asked. And, it is even more interesting when they cannot respond to the tough questions because they have not read the bill or are even familiar with its contents.

I suggest you continue going to the Town Hall meetings and voice your concerns. And, do not be afraid to get angry. The Democrat and Republican Congressmen must know they will not be reelected if HR 3200 passes as it is currently written. But, please, do not get violent. Violence at these meetings will do nothing except make the opposition look weak and dumb, and hurt the path of Democracy. Violence at these meetings is similar to me being called a racist this week because I stated on a public forum that HR 3200 should not pay for medical services for illegal immigrants. Remember, the protest ways of Mahatma Gandhi and Martin Luther King.

The attendance at the Town Halls is working! Within the past twenty-four hours, a few Senate and House Members, including one Democrat, stated they will not pass a bill with the current language regarding even the possibility of the so called death panels. Keep up the good work America! The people are winning!

The power of the people brings to mind the Tenth Amendment to the United States Constitution which is very short, but is also one of the most controversial sections of the document. There are many people who believe that it is the primary cause of the Civil War: i.e. did the states, not the Federal Government have the right to determine whether to be slave or free? Ronald Reagan believed in the amendment more than anything else, as did Thomas Jefferson. It simply states in its entirety: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

There are many people that feel that the Constitution was already clear on this issue and that the Tenth Amendment is actually, a redundancy. However, the Supreme Court has, within the last 25 years, actually used the Tenth Amendment as a rationale in deciding a few cases. See, e.g. New York v. United States, 505 U.S. 144 (1992), and Garcia v. San Antonio Metropolitan Transit Authority (1985). Prior to these cases, the rationale used exclusively by the Supreme Court for limiting States’ rights was the Commerce Clause of the Constitution which is very simple on its face. Article 1, Section 8, Clause 3 of the Constitution states: “[The Congress shall have power] to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” This simple phrase as interpreted by the Supreme Court has given Congress the authority to slowly strip away powers granted to the States specifically in the Constitution and through the Tenth Amendment. In its most simplistic form, the Supreme Court has determined that everything legislated by Congress has some effect on Interstate Commerce and therefore, is within the power of the Federal Government. Maybe, the Supreme Court is now changing its analysis?

So, will power come back to the States or the people in the future? If Ron Paul had been elected President, the answer would have definitely been yes. In fact, we would be looking at the end of the Federal Reserve too which is probably a good thing. But, unfortunately the answer is currently “no”. President Obama, through his executive powers and the use of Congress, is turning the Federal Government into the ultimate power. Health Care is just one example.

Any normal interpretation of the Tenth Amendment would imply that health care and its regulation should be a power reserved to the states and/or the people. This is also the case with marriage and other personal issues. However, by the power of the Commerce Clause, the Federal Government will be able to regulate it unless the Supreme Court radically changes precedent.

I wonder why no one is bringing up the Tenth Amendment at these town hall meetings. Maybe, people should start arguing it while they are mentioning the other problems with HR 3200. Give the power back to the people in deciding personal issues, including, but not limited to health care.

A few closing thoughts. In the last week, my favorite target, Nancy Pelosi, put her foot in her mouth again. How dare she say that citizens protesting HR 3200 are Un-American. If anything, she is being Un-American for making that statement. Remember, Freedom of Speech and Assembly is a right in this country. I suggest her arrogance, Ms. Pelosi, read the Constitution before she opens her mouth in the future. We already know she is not going to read HR 3200 even though she allegedly drafted it. The least she can do is read the Constitution. In fact, it should be a requirement that all Congressmen have a copy of that little document in their pocket 24 hours a day. It is good reference material, especially when they are thinking of violating it.

Lastly, I would like to state that one of the main proponents of the HR 3200 is Joe Sestak from Pennsylvania. For all of my readers in his district and surrounding districts in Pennsylvania, let him know his job is on the line. This man is thinking of running against Arlen Spector and has delusions of even greater power. I have seen him speak. He is a true liberal and must be stopped in the same way Nancy Pelosi and her other cronies must be stopped by voting them out of office.

On the economy, do not let the President’s propaganda machine fool you, but this recession is definitely not over. In fact, it appears that we are in the first deflationary spiral in this country since the Great Depression. Based upon the CPI announcement this morning, consumer prices have fallen 2.1% over the past twelve months. The last time that happened was 1950. And, it has not happened this extensively since the Great Depression. And, I do not know if it has ever happened at a time when the government is printing so much paper money. If we were not printing paper money, how low would prices have fallen; ten percent, twenty percent or more?

Last week, I failed to mention that the Jekyll Island book about the Federal Reserve which I recommended was referred to me by my good friend Robert Spaeth. It is also recommended reading by Ron Paul. Again, check it out.

In closing, I would like to repeat. Keep up the good work at the Town Hall meetings. Let us destroy HR 3200 and hopefully, the Senate will be able to write a true bipartisan health care reform bill. It is the only chance we have as the Senate might try to stop the Democratic onslaught in the House.

©2009 by Frank T. DeMartini. Permission to copy will be freely given upon request.

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Anonymous Ira said...

Good article Frank. To site a shining example of a well run State Healthcare program all you need to do is ask anyone from Massachusets. Presently however I don't think California could do as well.

August 14, 2009 at 3:50 PM  
Anonymous Anonymous said...

People at the Town Halls ARE plants. Bought and paid for by the insurance companies. Look it up genius.

August 14, 2009 at 5:27 PM  
Blogger Frank T. DeMartini said...

So, old people, people in wheelchairs, and the uneducated are plants? And, if you have evidence of plants, why don't you show the evidence. Unless, of course, there isn't any evidence. Which I'm sure is the case.

I work with facts and studies. You work with emotion. Unfortunately, emotion does not tie into the poll numbers and the facts.

Learn to deal with it and be prepared to lose on this one. And, don't cry when you do lose!

August 14, 2009 at 5:52 PM  
Anonymous Ira said...

So basically what you're saying is that everyone at the town hall meetings that doesn't agree with the administration regarding HR 3200 and exercises heir constitutional right of free speech is a plant. Did I get that right?

August 14, 2009 at 6:47 PM  
Anonymous Anonymous said...

Frank, come one now...Let's talk about facts and emotion.

I think the town halls are a great way to share ideas and gain understanding of the process. Unfortunately, that's not what's happening.

Yes, there are most certainly people attending town halls looking for answers and wanting to voice valid concerns. On the other hand, there are those attending who's agenda is rather dubious!!! Yes, these folks are being paid by special interests to inflame the situation and perpetuate myths.

Let's have an honest discussion of the issues. Let's make it clear what's in the bill and what's not in the bill. Tell your side to stop lying!!!! What are you lying about:

1) Death Panels - There are none, and you know it!

2) Lack of Choice - If you like your current insurance, you can keep it.

3) Coverage for Illegals - There is no provision for this in the bill.

It is absolutely reprehensible that right wing commentators are invoking Nazi Germany during this debate!!! Are you kidding me!

This is a time for serious discussions. Its not a time to lie!!!!!

Let the flaming begin!

August 15, 2009 at 5:18 AM  
Anonymous Marty said...

George. Puh-leeze!! Are you you for real? You support a president who talks out of both sides of his mouth. He blatantly lies about everything. How can you honestly point the finger at Conservatives? Not to mention a congress who has , let's see, the worst approval rating...ever. You support power hungry bureaucrats, who want nothing more want to jam their hands further down my pockets.

How about that "town hall meeting" of Obombers in Montana? I'm sure none of them were "hand picked" or plants? Please don't criticize anybody else who puts up facts when all you have is...fluff??

Y'all want be taken care of the rest of your lives by the government? I'll pay for your plane fare to Russia--or how about Saudi Arabia or China?? This, George, is America. Take it...or leave it.

August 15, 2009 at 7:41 AM  
Anonymous Anonymous said...

Hey Marty -

It's George....Thanks for your note....

Perhaps you'd like to read what I said...I'll say it again very slowly, with bullet points this time so that it resembles your other talking points....

1) Yes, there are most certainly people attending town halls looking for answers and wanting to voice valid concerns. THIS MEANS THAT SOME PEOPLE ARE THERE TO PARTICIPATE IN THE PROCESS AS ENVISIONED BY OUR FOUNDERS

2) On the other hand, there are those attending who's agenda is rather dubious!!! THIS MEANS THAT SOME PEOPLE ARE TRYING TO DISTORT THE PROCESS TO MEET THEIR ENDS

Lets talk about the fact I do raise in my post. Do you agree with me on these FACTS related to the current language o the bill:

1) Death Panels - There are none, and you know it!

2) Lack of Choice - If you like your current insurance, you can keep it.

3) Coverage for Illegals - There is no provision for this in the bill.

Lastly Marty, I most certainly do not want to be taken care of by the govt. I have a pretty good job and pay more in taxes than some make in a year. And I have insurance, Marty, which is partially paid for my my employer and partially by me.

I love America Marty. I just think we can be better than we are! I think everyone in this country deserves access to the same healthcare I have. I think that access to healthcare should be universal, and not determined by an insurance company.

August 15, 2009 at 8:59 AM  
Anonymous Ira said...

Hey George Good to hear from you again. As far as the town hall meeting are concerned I hope what you are saying is wrong. Unfortunately I believe there is some truth to that statement. Next... True the bill does not say anything about "death panels" or coverage of illegals but they're are sections whose writing is so nebulous in it's direction they can be easily used for that purpose if need be. You and I have already gone over the right of choice point so I will leave it where we left it earlier. And George I agree with your last statements in reply to Marty. We can be so much better than we are and everyone should have the health care both you and I enjoy. We just disagree on how to reach that goal. Good to have you back.


August 15, 2009 at 1:20 PM  
Anonymous Angela said...

Just found this blog. Thanks for the great article. I am in Sestak's district; I think it's great that someone all the way on the other side of the country is talking about this guy. He is, as you said, a raging liberal, and he votes lock-step with his party 100% of the time. I wonder if he ever takes his own feelings towards something into consideration prior to voting. He certainly doesn't take his constituents' feelings into consideration. He must be voted out.

Again, thanks for a great article. I'll be sure to promote your blog within my circle.

August 16, 2009 at 10:27 AM  
Anonymous K-9 COWBOY said...

Another good one Franky, keep them comming.

The death Panel is that their are no funds to pay for an exspensive treatment that might not save your life.
someone or a group will descide
if you and the treatment are worth
the risk and investment.
call it what you want, but in some cases it will be a death squad
if they determin only a small chance of survival and treatment cost to much.
And they dont approve it and you die.
They cant afford to give the best most expensive treatment to everyone.
this is just one problem with the bill. Get real Georgey boy

August 17, 2009 at 8:55 PM  

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