The Founders Sign the Constitution, which aptly apples to the Health Care Reform Bill on grounds of Impeachment and Interstate Commerce - image hoodmania.com
An article from: ABC News speaks to the anger felt by many American’s over the vote in the House to pass the Senate version of the Health Care Reform Bill, which Obama will sign into law today. Apparently, two of out the millions of Twitter users, were so angry that they posted “tweets” threatening to assassinate Barack Obama – as if that would be the answer to solve all the problems the nation now faces since he took office a little over a year ago. First, one has to understand that a basic knowledge of how our government works is no longer taught in most schools; therefore, laying blame on the President is natural because he is seen as being “in charge”. Additionally, the emphasis that the media has placed on his ability to “lead” and his overall import has been nothing but misleading to the public – and this is true of the treatment of his predecessor – the derogatory rhetoric reserved for President George W. Bush in terms of his “alleged” power.
There are two very important pieces of the puzzle that the two individuals who are now being investigated by the Secret Service may not be aware – one, the President is no more than the titular head of the Political Party in charge. His job is to shore up the base, look like he knows what he’s talking about, and hopefully (or not, depending on your point of view), aid in the passage of legislation by giving speeches and meeting with the rank and file members of Congress who may or may not be impressed by his position. The real power lies in the Congress and the Senate, in the form of the Speaker of the House and the Majority Leader of the Senate. It is these two individuals who are in charge of what gets done, when it gets done and they have the ability to ignore the Constitution – outright if they so choose. It is those two individuals along with the rest of the Congress and the Senate than have the ability to make or break a piece of legislation and, and once they have a majority (Nancy Pelosi has enjoyed her position since 2006), they can stifle a President and the opposition party from effectively governing. In fact, they can do things behind the proverbial scenes in committees that can even destroy an economy (see Barney Frank). It is the individual members of the Senate and the Congress who are the most egregious villains or heroes in this government.
Secondly, one must understand the laws governing the line of succession under the Constitution. If anything were to happen to Barak Obama (God forbid!) - The next person in line for the Presidency would be Joe Biden. Biden, may be a fine gentleman, however, he has health issues that may prevent him from accepting the position, in which case it would fall to the Speaker of the House - Nancy Pelosi. Should anything happen to Nancy Pelosi (lightening striking from her flagrant abuse of the Catholicism in order to achieve secular goals for example), then Harry Reid, the Majority Leader of the Senate would be the next President – should anything happen to Harry (who has an approval rating a tad lower than Nancy’s, then Hillary Clinton as secretary of State would be next in line. Therefore to get to anyone who could reasonably govern the country, one has to get through four individuals until Clinton is given the post.
Fortunately, most American’s understand that the anger should be directed at the Speaker and Majority Leader, and they understand that time is all it takes to remove someone from office. (Of course, there is impeachment – but calls for impeachment of either Pelosi or Reid have not yet taken place.) Therefore, patience being the virtue it is, in a few short months a new Congress will be elected with a new majority leader who will begin drafting legislation that will be aimed at undoing anything other legislation that is egregious to the well-being of the nation. In 2011, the candidates for the balance of the seats up for re-election and the office of the President, will begin to lay their case as to why they would be a better choice for the nation – when the voters go to the polls in November of 2012, they will elect a new president, who will then sign into law any legislation that is unhealthy for the citizens and the nation as a whole.
The Constitution: on Impeachment:
Article 1, section 2: The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
Section 3: The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Article 2, Section 2: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
And the kicker:
Article 2 Section. 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Our founders were men of great vision, understanding that no matter the branch of government, from the office of the President, the Congress, the Senate and the Supreme Court, individuals that would behave in such a way as to usurp and corrupt the power of the document and or interfere with the sovereignty of the States – The Commerce Clause:
Article 1: Section 9: 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.
Therefore, the entire bill is unconstitutional given the fact that the senate version, the bill that will become law, does make mockery of Article 1, Section 9 – and is therefore, unconstitutional. A fact - each state will not be given equal treatment – This is the basis for the suites being brought by Attorney Generals of a growing number of States – The Supreme Court does have the ability to declare a bill unconstitutional.
Back to impeachment: (Article 2, Section 4) what of those who drafted the bill? They played fast and loose with the Constitution; the body of Congress and the President offered bribes in order to pass that bill – these Bribes consisted of offers made to various Senators and Congressional Leaders for a vote. Therefore, whoever offered the bribe for the vote on this bill is guilty and impeachable.
That said, patience is required, and that is why, in November, should Nancy Pelosi remain in the Congress, and the Democrats are no longer in power, she would be one of the first subjects of impeachment. As to the President, again, he is merely a prop, so to speak, one that apparently without the help of the Speaker and Majority Leader would have no bill to sign today.
Although many scholars will insist that the constitution is a fluid document subject to revision and especially interpretation, the above noted articles have stood the test of time, both the articles on impeachment and the Commerce Clause.
Case in point on the Commerce Clause: In February of 2009, the Commonwealth of Massachusetts, ever in need of additional revenue to support its failing Health Care System (which is, by the by, heavily financed by the Federal Government), thought it best to go after individuals and businesses for taxes collected on Massachusetts Citizens purchases across State lines. The Commonwealth of Massachusetts’ Supreme Court (not the most conservative court one must admit), said no – under the Commerce Clause.
Therefore, if David Axelrod’s proving ground for the rest of the nation (in the name of Deval Patrick), own heavily liberal minded court, found this clause to be effective in relation to states right and taxes, how much more so would the courts in Virginia, Idaho and any of the other states bringing suit, fare the same when it came to the current Bill being signed into law?
To wit, the best way to channel angst and anger is in the voting booth, and one would better serve themselves by reading the Constitution in its entirety – additional reading suggested: The Federalist Papers, available at bookstores nationwide and online.
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