Saturday, September 18, 2010

U.S. Supreme Court has exclusive jurisdiction in Obamacare case!

According to our Constitution this case should not be in District Court. The wording in our Constitution is crystal clear:

“In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.”

And, the wording in our Constitution concerning the Supreme Court’s jurisdiction becomes even clearer when reading “An Act to establish the Judicial Courts of the United States“ Act of 1789, 1 Stat. CH. 20 Supreme court, original jurisdiction (scroll to bottom of page):

"SEC. 13. And be it further enacted, That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction."

What concerns me at this point in time is prolonging the case in lower courts when we all know it will be settled in the Supreme Court, allows major portions of Obamacare to take effect. This in turn creates a situation when the case finally gets to the Supreme Court, striking Obamacare down at that time would cause major disturbances in the “economy” and hardships among the people who at that time will be tied into Obamacare.

And because of the above reasoning, I ask why have the States who have challenged Obamacare in Court as being un-constitutional not filed for an injunction to halt the implementation of Obamacare while the constitutionality of Obamacare is decided to avoid creating an irreversible situation? It seems as though there is an intentional desire to prolong the case and have major portions of Obama care in place and operating before the case is heard by the Supreme Court!

Something is just not right, especially when the Supreme Court “shall have exclusive jurisdiction of all controversies of a civil nature, where a state is party…”


Health care by consent of the governed (Article 5) our amendment process --- tyranny by a PROGRESSIVE majority vote in Congress!