Friday, December 17, 2010

Obamacare and regulating commerce __ our Founder`s meaning and intentions!

Our Constitution states that Congress shall have power to:

“…regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”

So, just what is the meaning of “commerce” which Congress may regulate when it occurs “among the several States”? Keep in mind this question is of critical importance because a fundamental rule of constitutional law requires:

”Words or terms used in a constitution, being dependent on ratification by the people voting upon it, must be understood in the sense most obvious to the common understanding at the time of its adoption…” ___(my emphasis) See: Vol.16, American Jurisprudence, 2d Constitutional law (1992 edition), “Meaning of Language“, “Ordinary meaning, generally“

In fact, the historical record establishes that the word “commerce”, as our founding fathers used the word during the framing and ratification process of our Constitution, was understood to mean the transportation and/or exchange of goods. In U.S. vs. Lopez, our very own Supreme Court, after quoting the use of the word “commerce” from countless contemporary sources during the time period when our Constitution was being framed and ratified, summarizes the meaning of the word as follows:

“Agriculture and manufacturing involve the production of goods; commerce encompasses traffic in such articles.”

Now that we understand the meaning of commerce within the context of our Constitution, another important fundamental rule of constitutional law comes into play and is stated as follows:

“The fundamental principle of constitutional construction is that effect must be given to the intent of the framers of the organic law and of the people adopting it. This is the polestar in the construction of constitutions, all other principles of construction are only rules or guides to aid in the determination of the intention of the constitution’s framers.”--(numerous citations omitted) See: 16 Am Jur 2d Constitutional law.(1992 edition), Par. 92. Intent of framers and adopters as controlling.

So, just what was the intended purpose for granting power to Congress to regulate commerce among (not within) the States? A clue establishing the purpose is immediately found in Art. 1, Sec. 9 of the Constitution!

“No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.”

Indeed, Congress was given the power as it relates to the various states, to insure free trade among the States --- an uninhibited transportation of goods among the states to prevent one state from taxing another state’s goods as they passed through its borders.

We also find confirmation of this purpose in Federalist Paper No. 42 in which Madison states the following with regard to the power in question:

“A very material object of this power was the relief of the States which import and export through other States, from the improper contributions levied on them by the latter. Were these at liberty to regulate the trade between State and State, it must be foreseen that ways would be found out to load the articles of import and export, during the passage through their jurisdiction, with duties which would fall on the makers of the latter and the consumers of the former. We may be assured by past experience, that such a practice would be introduced by future contrivances; and both by that and a common knowledge of human affairs, that it would nourish unceasing animosities, and not improbably terminate in serious interruptions of the public tranquility.”

Additionally, the power to regulate commerce granted to Congress was to also allow Congress to have oversight in a specific and clearly identified area__ a state‘s inspection laws:

“No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing it's inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.” ___ See: Article 1, Section 9, Clause 6

It is sheer insanity to suggest the State Delegates to the Convention of 1787 which framed our Constitution, or the State Legislatures when ratifying the Constitution, intended by the power in question to be authorizing a power to Congress to enter the States to compel the people therein to purchase a product, much less interfere with an individual’s decision making regarding their personal health care needs and choices. And this is why Judge Hudson, in Commonwealth of Virginia, et al v. Sebelius, et al, with regard to Obamacare and its provision to require individuals to purchase government approved health insurance, found it to be un-constitutional and if allowed to stand would invite an “unbridled exercise of federal police powers.”

While it cannot be reasonably questioned that Congress has power over the transportation of articles as the move among the States, it is nothing short of despotic reasoning for Obama and his progressive gang on Capitol Hill to assert Congress’ power to regulate commerce among the states is intended to and allows the federal government to enter the various states and require the people therein to purchase a particular article of trade favored by Congress.

And why is it despotic reasoning? Because the people have never debated authorizing Congress with power to involve itself in their personal health care needs and choices, and then consenting to such power to be granted to Congress as required under Article V of our Constitution, in which the people’s consent must first be obtained by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, prior to our federal government’s exercise of any new powers.

And what is the feeling of the various states regarding Obamacare? The incontrovertible fact is, 21 states have officially declared their objection to Obamacare which means the requirements of Article V of our Constitution cannot be meet, and thus, Obama, his Justice Department, and our progressive gang on Capitol Hill in pushing forward to impose Obamacare upon the people are acting in defiance of our written Constitution and the documented intentions and beliefs under which it was adopted!

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


"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law (1858)