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Obamacare violates the Constitution!

The Republican mantra in this election is that they will repeal and replace Obamacare. This makes sense as an issue since almost two thirds of the people oppose what Congress passed. There is a major problem with this proposal in that the earliest election cycle which can yield a veto proof Congress for the Republicans is 2012.

There is another way get rid of Obamacare. Congress can issue instructions to the Federal Courts which will result in the court declaring Obamacare to be unconstitutional. This power is provided by Article III., Section. 2., Clause 2 of the U.S. Constitution. The use of a Constitutional Regulation is needed be because there is already a Supreme Court case which will be used as a precedent to avoid declaring this law unconstitutional. Details are available in my book "A Call for Action".

Article III., Section 2.

“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

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. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.”

I have quoted the entire section so as not to be accused of taking anything out of context. The last sentence of this section allows Congress to make exceptions and write regulations regarding appellate review of laws under the Constitution. This power is part of the checks and balances on the powers of the various branches of the government.

To understand how this power functions, it is necessary to understand what a Regulation is. A regulation is a set of rules, to provide individuals trying to apply a law, and/or comply with a law, guidance regarding the proper course of action required by the law. The regulation is effectively a law and is binding.

This is different than other areas where Congress has the power to pass laws. Other laws are passed under the general legislative power in Article I of the U.S. Constitution, which requires a Presidential signature, and which are subject to Judicial Review.

A Constitutional Regulation under Article III would have to be very carefully and narrowly written because it would have to be limited to the the appellate review power of the courts. Any Regulation that is not properly limited would fall under the Article I rules and require a presidential signature and be subject to a veto.

It should be noted that if any Judge were to deliberately violate an exception to, or regulation of, appellate review authority passed by Congress; that Judge would be committing an impeachable act and in any impeachment proceeding, would be tried by the body which passed the law. There is no appeal possible after a Judge has been impeached by the House and convicted by the Senate.

You may ask yourself what is to stop the courts from simply striking down any such Regulation passed by Congress. If any Judge were to try to strike down such a Regulation, that Judge would be committing a High Crime. Such an act would be the highest of high crimes because it would be an assault on the Constitution itself.

The power of impeachment is the enforcement tool which is provided to insure Congress has the ability to actually apply, the constitutionally provided limit on the power of the courts.

When this power is first used, it will probably require that some federal judges be fired. Our judges are used to having god like power to determine what the Constitution means, and they will not willingly acknowledge that Congress also has this power in cases where the courts have tried to rewrite the Constitution. Voters need to elect representatives and senators who will act to stop the abuse of the Constitution by the judiciary.

We need to elect people who will honor their oath of office, to support and defend the Constitution. You can start this process by voting for me in November.