As WE wait for what will most likely be Monday’s announcement of the Supreme Court decision regarding Obamacare, now would be a good time to take a look at how we got to this point.
Rather than look at the bill in specifics, all 2000 plus pages of it, generalities will suffice.
To start it off, one could go back as far as the introduction of Medicare, Medicaid or other social(ist) programs but, rather than that, let’s go back to where THIS particular bill started.
In the first 1 ½ years of the Clinton administration, Bill put Hillary in charge of socializing medicine. It was an utter disaster. Unknown millions, perhaps billions of taxpayer dollars were spent to find a way to bring socialism to the nation’s healthcare system.
She couldn’t do it and it was dropped, at least for a time.
With the rise of Obama to the throne…Liberal/socialists knew they had their best shot at it and almost immediately, Obama launched into the effort. In so doing, at a time when the economy was in recession, the housing slump killing American dreams and bailouts being handed out with reckless abandon, Obama ignored completely the economy and jobs market to focus on Obamacare.
What came out of more than 1 ½ years was a bill, some 2000 plus pages in size.
This was the bill which, then Speaker of the House Nancy Pelosi so famously said, would have to be passed to find out what’s in it.
Liberals in congress demanded it be passed before a Christmas break and did so by instilling panic. If it wasn’t passed and passed right then, immediately, without delay and without allowing even 3 days for members of Congress to READ the bill, horrible, terrible things would befall the nation.
Oh the humanity.
Pelosi paraded a GIANT gavel up to Capitol Hill, flanked by a myriad of liberal/socialist to emphasize the socialist victory and the, at long last, socialization of healthcare.
At the signing, Joe Biden leaned in, whispering into the ear of Obama and into an open mic…”This is a big f***ing deal!”
And then…THEN…people began to READ the bill.
It was FRONT loaded with some things and BACK loaded with others.
The good parts were all front loaded. No preexisting conditions…children being able to stay longer on their parent’s coverage…front loaded.
The unsustainable costs, the mandate forcing Obamacare onto every member of the public, the prohibitive cost to employers, all back loaded.
Simple. Get people to take advantage of the good stuff early, get them hooked…addicted…and they would have no choice but to accept the rest a couple of years down the road. At that point, any attempt to alter the bill or repeal it would be met by liberal/socialists whining about how those opposed would be taking away people’s entitlements.
Oh, those mean conservatives…How COULD they? They MUST be monsters.
In reality, Obamacare can be justifiably compared to a 55 gallon drum of Castor Oil with a spoon full of sugar and how could conservatives POSSIBLY even THINK of taking away that teaspoon of sugar to get rid of the 55 gallon drum altogether?
We were told, by Obama and any liberal/socialist within ear shot that those who wanted to keep the coverage they had BEFORE Obamacare COULD keep it AFTER Obamacare but, one reading of the bill showed clearly that such a thing would not happen.
It was all set up to make anything BUT Obamacare SO prohibitive in cost to private individuals and companies that they would HAVE to enter Obamacare.Back loaded or massaged, you be the judge but we were initially told, by Obama that the cost of implementing Obamacare over 10 years would be $940 billion dollars however, because of the front loading of benefits and the back loading of costs, that $940 billion dollars only represented 6 years of implementation, not 10 years.
The REAL 10 year cost?
$1.76 TRILLION dollars and that number will likely climb as we get closer to the 2014 due date meaning the cost of implementation will be more than DOUBLE what we were led to believe.
Also back loaded were the penalties.
Those NOT indulging in the socialist entitlement would be fined…or…taxed…
We’re still not clear on the penalties being fines or, taxes, because, at the Supreme Court, Obama’s lawyers argued it…both ways.
Whichever it is…a fine or a tax…just know that if YOU don’t want to participate in Obamacare…one or the other will be levied against you…unless…
Unless YOU happen to be one of the lucky thousand or more who received an Obamacare waiver.
THOSE were handed out like candy to kids on Halloween, many of which went to unions who so strongly ADVOCATED the passage of Obamacare or businesses run by those who were Obama campaign donors back in 2008.
In one case, Maine, the entire state was waivered from the demand to swallow Obamacare.
Sarah Palin and Michele Bachmann both read the bill and in it they found, death panels and more than $105 BILLION dollars hidden within the bill for implementation OF the bill. Neither the American public nor congress was told of EITHER until Palin and Bachmann discovered them.
Liberal/socialists called them both…”Bat shit crazy” and tried to throw them under the bus but they eventually had to admit to the $105 BILLION dollars of hidden implementation dollars and they eventually…removed…the death panel portion of the bill they so vigorously claimed…never existed.
And then, there is the mandate.
It’s the mandate, that all Americans buy into Obamacare which led to 26 state’s Attorneys General to file suit.
That mandate is unconstitutional.
Liberal/socialists claim that the mandate is covered by the Constitution’s Commerce Clause.
IF that is found to be so, it means that, literally, the government can CREATE a good or service in order to REGULATE that good or service and FORCE that good or service onto the American people. It literally would open the door for ANY administration to do it with ANYTHING that administration wanted.
The mandate IS unconstitutional but, the Supreme Court will be the final judge of that.
Finally, in all those 2000 plus pages there is something missing.
There is NO severability clause.
It seems, that in the liberal/socialist manufactured pass it before you can read it time is of the essence panic…THEY failed to read it in its finished entirety.
In bills, especially complex bills, there is always…severability.
Severability allows for the majority of a bill to remain valid even if certain portions are found to be…unconstitutional.
Obamacare contains NO severability clause.
So…just how important IS the mandate to the rest of Obamacare?
Well…it’s the mandate which provides the funding for all of Obamacare.
Where does this leave us now?
Simple. The Supreme Court is poised to release their ruling on Obamacare…Specifically…On the mandate. Should they find the mandate…Unconstitutional…what then of the rest of the bill sans a severability clause?
While it’s safe to say that one never knows how the Supreme Court will rule until they issue their ruling, in this case, there are some telling signs.
The fact that Obama’s attorneys had to argue on one day that the penalties were fines and the next day that they were taxes, in order to legitimize 2 different portions of their argument is essentially the same as a defense attorney arguing his client’s innocence on one day of the trial saying the client was an eye witness and saw someone else commit the crime and the next day, arguing his client was innocent because he was 500 miles away at the time of the crime.
Clearly, the Supreme Court took note of the contradiction.
Another telling sign can be found in a book coming out from Justice Scalia where he writes directly about Wickard v. Filburn.
Wickard v Filburn is the case directly cited by Obama’s attorneys in their arguments regarding Obamacare.
THAT case, from 1942, is where Obama’s attorneys claim the justification under the commerce clause can be found for holding the mandate constitutional.
In his book, set to be released next week, Justice Scalia states that, in 1942, the Supreme Court, “expanded the Commerce Clause beyond all reason” in ruling that “a farmer’s cultivation of wheat for his own consumption affected interstate commerce and thus could be regulated under the Commerce Clause.”
In other words, the very case statute Obama’s attorneys claim give them the constitutional right was, according to Justice Scalia, expanded, in 1942, “BEYOND ALL REASON.”
Aside from robed signals from the High Court, others too, have signaled impending doom for Obamacare. Liberal Members of Congress have reportedly been scrambling to find ways to resurrect Obamacare or the funding for it by some other means other than the mandate and liberals have, for the last 2 months, been preparing a media blitz of sob stories regarding that lost spoon of sugar.
It’s a pretty good guess that the Obama campaign, should they lose at the High Court, will go on the attack against the Court as they have already fired several warning shots/threats in their direction.
Most likely, the decision will come down on Monday morning and there are 3 possibilities.
1) The law, all of it, stands.
2) The mandate is struck down as unconstitutional while the rest of it stands.
3) The whole bill gets struck down.
Here is my prediction.
While I believe that because of the absence of a severability clause, the whole thing should be struck, the mandate will definitely be struck down as unconstitutional. While most believe the vote will be 5-4…I believe it will be 6-3 with Justices Kennedy, Scalia, Alito, Thomas and Chief Justice Roberts being joined by Sotomayor in a surprise party line shift, voting against.
Be aware that, if only the mandate is struck down, Obamacare is not yet dead…Just on life support.
Be watching thenationalpatriot.com for analysis as soon as the decision comes down!!!