Health Care Reform Act – One Ruling Will Negate Entire Bill - The Commerce Clause and Lack of a Severability Clause.

Article 9 of the U.S. Constitution - Clear and to the Point - see usconstitution.net

Obama Vows to be the President of “No”.

When a Federal District Judge in Virginia, ruled that the Health Care Legislation which mandates all U.S. Citizens purchase health care insurance violated the Commerce Clause of the Constitution, the hastily crafted, poorly written legislation that was rammed through Congress, was written without a severability clause. An Aid to the Democrats who were drafting the law, told a WSJ reporter that members had discussed a severability provision but deemed it wasn’t necessary (source: Kansas City Business Journal)

That’s what happens when one is in a rush to put one over on the general public, when it is clear that the public is not on board with a specific bill – mistakes happen. The mistake in this instance is the lack of a “severability clause”, without which, should one piece of the legislation be found unconstitutional, the entire bill collapses.

The Commonwealth of Virginia brought suit in Federal Court and won a ruling on the Commerce clause this week based on a State Law Virginia had the foresight to pass in March, of 2010 prior to the Congressional Passage of the Bill. Now the case goes to the Supreme Court, which is, by ideological makeup of the justices, has changed little with the inclusions of the Obama appointees who replaced likeminded justices. Therefore, should the suit brought be adjudicated by a majority along strict Constructionist standards, the Virginia ruling will hold, and the entire bill will negated. This will allow the current Congress and Senate to work with the President to craft a bill that will work; one which might include the ability of individuals to buy insurance across party lines, which is a proven model for driving down the costs of insurance.

This may prove difficult overall, as the new Congress is controlled by Republican’s whom the President has vowed he will resume fighting as soon as he gets the tax package/unemployment extensions passed. In trying to pacify the screaming leftists in Congress, Obama vowed not to work with Republicans, brilliant on the part of the Leader of the Free World to issue a statement one might hear on the playground. Perhaps he should call in Bill Clinton for that work as well; something might get done. It is no secret that both Congress and the President need to work together in order to further the interest of the nation. For far too long the partisan nonsense on the part of Pelosi and crew has held American hostage over ridiculous attempts by the then minority to stall passage of reasonable bills, and push for the ridiculous, which they promptly managed upon taking control of the House in 2006. It is not as if they have not had the time to accomplish much, yet, they have done nothing but tee off the American Public by passing legislation that a majority opposed, instead of working with Republicans (who were willing and able) to come to some sort of compromise that owl benefit the public. (Those people who members of Congress work for and without the “little peoples” support, will be out of a job – see midterm elections 2010).


What are the chances of any Congressional Representative, Senator or President being reelected if this nonsense persists and they are perceived to be the cause? Zero.

Women journalist and the next Speaker: Leslie Stahl’s Take on Boehner – The Quintessential American

Stahl: “I Really Liked Him, I did, I thought He was so Authentic.” Politico appraises Boehner’s Fashion Sense.

Leslie Stahl’s take on John Boehner has been interpreted as being partisan by some , bloggers however, the video (shown below), regardless of the perceived intent of Ms. Stahl, paints a picture of the man who will be 3rd in line to the Presidency, as not only a product of the American Dream (which is pivotal), but as someone who will do his utmost to move the nation forward. In an interview with editor, Ann Silvio, on the Boehner piece, (shown below), Stahl goes through her interview, stating emphatically; “I think people are going to like him”.

What the public learns about Boehner in the 60 minute segment is that the next speaker is a regular guy, a Catholic, who was born into a large family, and worked his way through college, through business and through politics. Boehner, was a Democrat until the Reagan revolution, a man who has no problem showing his emotion (which Stahl defends), and someone who will be tough when he needs to be, although one who is willing to cross the aisle. In other words, Boehner is the perfect Speaker of the House – from a seemingly left of center woman’s point of view. This speaks volumes about John Boehner’s ability as a politician: the fact that he is perceived by Stahl to be a regular all-around good guy and the support he may receive from Stahl's CBS’s viewership going forward. According to Neilson’s Sunday’s rankings 60 minutes averaged 12 million viewers the prior week.

It is difficult to comprehend (partisanship aside) a negative, especially with women: The final frames in the 60 minutes segment is of Boehner’s on being the next Speaker of the House – fading into the one final comment: “Welcome to America.”

It will be interesting, going forward from January to see how Boehner’s relationship with the Press will take shape. As of now, it appears that John Boehner has won more than one woman. Over at Politico, Karan Tanabe and Amie Parnes have dubbed Boehner as ”D.C.'s own Mr. Blackwell” Comparing Boehner to Blackwell gives an impression of wit and fashion sense.

Welcome to American indeed, where in Boehner’s vision, one is able to rise from humble beginnings, work their way through college, and one day become one of the most powerful figures in the U.S. Government. Regardless of one’s “take” on Ms. Stahl and other Journalist, both right and left, (not discounting CBS’s suspect brand of journalism - See Dan Rather’s story on George Bush’s service in the National Guard that was – fabricated, and the infamous 7 hour interview with Sarah Palin that Katie Couric and a team of editors pared down to Palin’s detriment.) one has to give credit where credit is due - Boehner for going into the “Lion’s den of 60 minutes” and Stahl for giving an honest presentation.

Profile of Leslie Stahl



CBS 60 Minute Segment on John Boehner

Obama Ditches White House Press Conference – Bill Clinton takes charge - Democrats Posture for Progressive Base

President Clinton took time to give a little help to Obama, taking over at the White House Press Conference - image Yahoo

President Obama brought a little help with him to a recent White House Press briefing - former President Bill Clinton. Obama did not stay to answer questions, rather turned the podium over to Clinton, who then defended the Presidents stance on reinstating tax cuts. Using the excuse that his wife was waiting for him, Obama walked away leaving Clinton virtually in charge, a move that was not unappealing to some pundits, including MSNBC’s Chris Matthews.

As Obama has been faced with what amounts to a slap in the face (mildly put) from the hard left faction in his Congress (Pelosi, et al), he appears to require the need to bring in Clinton, the moderate, in order to deal with those who are fighting hard for the progressive line. It has gotten to the point, where some of the less sane members of the Progressive caucus, are considering letting the tax cuts expire as well as the unemployment insurance that is tied to those same tax cuts, in a deal brokered by Obama. In a recent interview one house member Rep. Keith Ellison (D-MN)suggested that in allowing the tax cuts to expire along with those unemployment benefits, Republicans would then take the blame. In other words, forcing the Republicans to capitulate on letting the tax cuts expire while pushing through the unemployment extensions. This is clearly not in the cards, Obama knows it, Clinton knows it, and the American public is now aware of the fact that Congress is the problem, not the President nor the GOP in this instance.

Apparently, Ellison, under the erroneous impression that tax cuts are not popular with the American public in general (there are conflicting polls on this subject, he must be using selective polling choices in order to get to frame his point of view, always a dangerous move, especially if one, has either been booted out of office, or will be booted out of office in 2012. What the remaining Democrats in the House, and most certainly those in the Senate, that do understand the tie between prosperity, buskin and the basic tax cuts, are likely to do in the event that nothing is done prior to the Christmas Break, is run the same deal January 5th, when the new Congress is installed, effectively putting everything into place retroactively.

This leads the base to believe that certain members are fighting for the Progressive platform, however, in reality, they surely cannot so dense in intellect that they are not aware this will take place with or without them, thereby making Ms. Pelosi, and all others statements and posturing nothing more than political in nature.

As to Obama leaving the podium to Clinton, appearances are everything and he should have, in this opinion, held his ground, using Clinton as the cheerleader when the need arose. To simply bolt with a weak excuse, leave the President appearing disengaged.