By, Nancy Tengler
“…the Constitution is: a system of restraints against the natural tendency of government to expand in the direction of absolutism.”
Barry Goldwater, 1960
Conscience of a Conservative
If you don’t have a copy of Barry Goldwater’s, Conscience of a Conservative, buy one. If you have one, pull it out and re-read it. Focus, in particular, on the chapter entitled “The Perils of Power.”
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By, Nancy Tengler
“This is Nero at his worst. As for the Constitution, it does not seem too much to say that it is gone. “
Justice James McReynolds in his opinion on the Roosevelt Administration’s Gold Policy
Justice McReynolds’ indictment against Roosevelt rings true today. Every time we turn around government grows bigger and we lose a little more liberty. The Constitution was painstakingly crafted to protect “we the people” from the government. But somewhere along the line, something went seriously awry. And, based on my read of history, a good deal of it began with FDR.
Return with me for a moment to Amity Shlaes’ remarkable history of the Great Depression: The Forgotten Man.
Frances Perkins of Labor was worried that the Supreme Court would reject the social insurance system she working to put in place–what we know today as Social Security. She stated her concern to Justice Harlan Stone who advised: “The taxing power of the federal government, my dear; the taxing power is sufficient for everything you want and need” (Shlaes229). His words were meant to assure. If the Social Security Act was formulated as a tax rather than a government insurance program it would clear the Constitutional hurdle (229).
Fast forward: This is now one of the tact’s the Obama Administration is taking in response to the many lawsuits against ObamaCare. Flimsy at best. But, more importantly, right out of the playbook.
In the famous Schechter Brothers case, where the justices ruled unanimously in favor of the Schechter Poultry Corporation and against the constitutionality of the National Industrial Recovery Act (NRA), Justice Hughes read the opinion: “Extraordinary conditions may call for extraordinary remedies. But the argument necessarily stops short of an attempt to justify action which lies outside the sphere of constitutional authority. Extraordinary conditions do not create or enlarge constitutional power” (emphasis mine, 242).
The corruption of the Constitution had gone far enough. Too far.
Justice Brandeis sent the message to FDR via two of the New Dealers’ lawyers: “This is the end of this business of centralization, and I want you to go back and tell the president that we’re not going to let this government centralize everything. It’s come to an end” (243).
Roosevelt’s response? To “castigate the press and the court” (244). Sound eerily familiar?
If congressional Republicans do not understand they are enjoying a tidal wave of support in their direction because the population overwhelmingly desires repeal of ObamaCare and the government’s sudden lurch to the left, they will squander the greatest opportunity to preserve what’s left of the Constitution in the history of this country. According to yesterday’s Rasmussen polling 57% of Americans disapprove of the President’s performance. 47% strongly disapprove. The numbers are remarkable to be sure. Additionally, 56% of likely voters favor repeal of ObamaCare though only 39% believe repeal is likely.
Republicans need to muster up the courage to do the right thing. They need to send the message that the American people are fed up. That “we’re not going to let this government centralize everything.”
Amen.
Mr Six:
I am writing to you in regards to the unconstitutional health care reform bill that was passed this weekend and signed by President Obama yesterday.
I feel that this “law” grossly violates the U.S. Constitution in numerous ways.
First, Section 1303 provides for funding to services that allow for abortion. This goes against my deeply held religious beliefs. Among those beliefs is that life is sacred and abortion is morally wrong. Being forced to pay for others’ abortions, I believe, to be a violation of the First Amendment.
Second, being forced by the federal government to buy a product and service violates the commerce clause of the U.S. Constitution. Many, including constitutional law Professor Kris Kobach of the University of Missouri-Kansas City, feel that commerce does not mean “lack of commerce.” As per that section, the government is granted rights to regulate interstate commerce, but not the lack thereof between the public, the government, and/or private entities.
Third, the taxes and fines attempted to be levied by the government violate the Eighth Amendment in that it punishes those who elect not to buy insurance.
Lastly, being forced to have insurance violates both the Ninth and Tenth Amendments in that I believe Health care nor health insurance to not being a right nor an obligation for the federal government as defined under those two Amendments. Thus, I feel health care/insurance to be a duty to be delegated to both the American public and the State of Kansas respectively.
In concluding, I strongly urge you to stand up for the rights of the citizens and legal residents of our State, and for the sovereignty of Kansas as defined and allowed under the United States Constitution.
Sincerely,
Derek W.
Fox News