Michael Gaynor
Why President Obama pushed unconstitutional Obamacare
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By Michael Gaynor
March 29, 2012

President Obama did what ACORN and Stern expected him to do and Obamacare may be repeal-proof, but it will be struck down soon when a majority of the United States Supreme Court stand up for the United States Constitution instead of stand aside for Obama's promised "fundamental transformation."

Oral argument on the constitutionality of Obamacare signaled that the individual mandate will be held unconstitutional and, since the individual mandate is key to the act and the 2,700 page bill did not include the standard severability clause, either the entire act will be struck down or the Justices of the United States Supreme Court will assume the roles of super legislators and decide to leave certain parts of Obamacare in place, even though it is not clear that any parts would have been passed separately and Congress could reenact constitutional parts of Obamacare if it wants to do so.

Unsurprisingly, some "liberal" justices, Justice Ruth Bader Ginsburg, seeing the individual mandate about to be declared unconstitutional, were eager to do a "salvage job."

That's what judicial activists do.

After Obamacare was enacted last year, I wrote, in "Obamacare and Chris Matthews versus Constituional Limits" (www.webcommentary.com/php/ShowArticle.php?id=gaynorm&date=100326):

"Team Obama's hoping that the Constitution won't be allowed to block the 'fundamental change' that is Obamacare.

"It would be wrong if some justices claimed that the United States Constitution's Commerce Clause somehow authorizes Obamacare's individual mandate. (But it would not be shocking. After all, majorities of the justices of the United States Supreme Court created a constitutional right to abortion in Roe v. Wade and essentially read the public purpose requirement of the Constitution's Eminent Domain Clause out of the Constitution by interpreting 'public purpose' outrageously expansively in Kelo.)

"Obamacare has Commerce Clause and Tenth Amendment problems and Obama shill Chris Matthews has bias and ignorance problems."

With a Supreme Court decision devastating to both Obamacare and President Obama looming and Matthews whining, I repeat what I wrote more than a year ago, in "Why Obama Really Continues to Push 'Obamacare'" (www.webcommentary.com/php/ShowArticle.php?id=gaynorm&date=100301): "The title of a recent article by Washington Examiner''s Byron York asks a very important question: 'Why Obama defies the public on health care?' (www.washingtonexaminer.com/politics/Why-Obama-defies-the-public-on-health-care-85426622.html).

"York's answer: 'Ever since Inauguration Day, the White House has acted on the assumption that, because voters elected Barack Obama, they want "Bold Obama." All the evidence suggests that is wrong...'

"York's right about the evidence showing that it's wrong to assume that the voters want a 'Bold Obama' agenda and wrong about why Obama continues to push 'Obamacare' despite the will of the people.

"The reality is that Obama is a radical trying to 'fundamentally transform' America to please socialists while denying that he's a socialist.

"Watch the video of Obama explaining to a friendly audience years ago that he favored a single payer plan (www.breitbart.tv/obama-in-03-id-like-to-see-a-single-payer-health-care-plan/).

"Obama: 'I happen to be a proponent of a single payer universal health care program. I see no reason why the United States of America, the wealthiest country in the history of the world, spending 14 percent of its Gross National Product on health care cannot provide basic health insurance to everybody. And that's what Jim is talking about when he says everybody in, nobody out. A single payer health care plan, a universal health care plan. And that's what I'd like to see. But as all of you know, we may not get there immediately. Because first we have to take back the White House, we have to take back the Senate, and we have to take back the House.'

"If Obama was a pragmatist, as he proclaimed, he would not still be pushing Obamacare.

"But Obama's mission is to deliver what SEIU and ACORN want, and that the Clintons failed to deliver.

"SEIU boss and most frequent White House visitor Andy Stern did not blink upon learning of the Massachusetts Miracle.

"Stern's order: full steam ahead!

"Stern soon after 'the Massachusetts miracle' was apparent:

'Today is no different than yesterday or the day before or the day before that. Pat DeJong will still wake up in Libby, Montana. Pat is still mourning the loss of her husband and the selling of his family's ranch because of his medical bills. And, Pat will still go to the bed side of her patients each day, providing excellent care, still lacking coverage of her own. Pat's reality is the reality millions of working people face every day. One political election does not change the fact that Pat and hardworking families across this country have been asking for and deserve fundamental reforms.

'The reason Ted Kennedy's seat is no longer controlled by a Democrat is clear: Washington's inability to deliver the change voters demanded in November 2008. Make no mistake, political paralysis resulted in electoral failure.

'During the past year, Republicans refused to do anything but stand in the way of change and Democratic Senators took too long to do too little. And tonight, the Senate bears the consequences for its failure to act decisively but the American people are the ones left paying the price. If our elected officials don't recognize that every day more working families fall victim to Washington's failure to act, the elections next November will result in the same.

'Today's vote must be a wake-up call that now is the time for bold action. Time to stand up to politics as usual. Time to stand up to Republican scare and stall tactics. And time to speak up for working families.

'The Senate may have squandered the trust the American people gave to Washington in 2008. But now, every member of Congress and the Administration must act with a renewed sense of purpose to show working families whose side they are on and deliver meaningful change to every American. This is not the time for timidity. It is time to show the courage and strength of conviction to move this country forward and bring working families the change they need. It starts by passing health insurance reform and giving Pat and millions of people like her the security and peace of mind they deserve.'

"The Far Left has to effect 'fundamental change' now or never, so Stern, who was backing Obama for President at least as far back as 2006 and holds the record for most visits to the White House during the Age of Obama, still wants Obama to proceed with the radical agenda, starting with Obamacare.

"That's the same Stern who explained his organizing philosophy this way: '[W]e prefer to use the power of persuasion, but if that doesn't work we use the persuasion of power.'

"If it costs the Democrats control of Congress as early as 2011 and the White House in 2013, Stern et al. take a long-tern view and still want it.

"So Obama will dutifully continue to try to get it for them.

"York: 'At the end of the summit, Obama said that if he can't reach an agreement with Republicans — and there's no chance if the existing bill stays on the table — then 'we've got to go ahead and make some decisions." That means jamming the bill through Congress against the public's wishes. And if there's still dispute, Obama said, 'that's what elections are for."'

"So watch Obama try to make Obamacare repeal-proof if the lie-and-buy strategy gets it passed."

President Obama did what ACORN and Stern expected him to do and Obamacare may be repeal-proof, but it will be struck down soon when a majority of the United States Supreme Court stand up for the United States Constitution instead of stand aside for Obama's promised "fundamental transformation."

Only Justices appointed by ACORN's favorite president, Clinton and Obama, will stand by Obamacare.

© Michael Gaynor

 

The views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of RenewAmerica or its affiliates.
(See RenewAmerica's publishing standards.)

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Michael Gaynor

Michael J. Gaynor has been practicing law in New York since 1973. A former partner at Fulton, Duncombe & Rowe and Gaynor & Bass, he is a solo practitioner admitted to practice in New York state and federal courts and an Association of the Bar of the City of New York member... (more)

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