The American's Creed by William T. Page; Clerk of the House; 1917:

"I believe in the United States of America as a government of the people, by the people, for the people; whose just powers are derived from the consent of the governed, a democracy in a Republic, a sovereign Nation of many sovereign States; a perfect union one and inseparable; established upon those principles of freedom, equality, justice, and humanity for which American patriots gave their lives and fortunes. I therefore believe it is my duty to my country to love it, to support its Constitution, to obey its laws, to respect its flag, and to defend it against all enemies.

Friday, January 15, 2010

Article I:8(3) Regulate Commerce and the Health Act

01/19/10: With Scott Howard's win of Senator Kennedy's seat, with respect to memory of Senator Kennedy, many are optimistic that the 14 States won't have to continue Obama's health Act to the Supreme Court! Though it might be a good idea to have the Supreme Court look again at the use of the word "commerce" and this time utilizing "The Meaning of the Commerce Clause" by Randy Barnett (University of Chicago Law Review; Winter 2001, 68 U.Chi.L. Rev. 101) from "Constitution Society - Rights,Powers,Duties" which also contains several other References.


This Administration believes that the 'Commerce section'-Article I:8 clause 3 -  covers their all encompassing from before birth to death "Patient Protection and Affordable Act" including all providers having any business with medical, medicine, patient care in home, SNF, senior residences, outpatient, inpatients, any procedure, any age at school and home including college and what college age people should chose to do with their time and money.

THE SINGLE MOST IMPORTANT REASON FOR THE ABOVE IS THE FEDERAL/EXECUTIVE BRANCH (HHS, TREASURY, HOMELAND SECURITY) FIND THE TAXPAYER RESOURCES FROM INDIVIDUALS, BUSINESSES, AND ANY $$$ IT CAN FORCE FOR IT'S OWN SOURCE FOR DOLLARS REQUIRED TO MAKE THE BILL WORK. It is probably among the first time in our 233 year history any concept like this has ever been perpatrated onto the American People and the 'commerce' clause is esstial to how the 10 plus versions, behind closed doors, political pork barrelling, misuse of our taxes will help it exist to Mr. Obama's liking.  Forget American people - Just Obama & his coercive effect on members of his party.  Republicans have remained quiet, stalled processes at every turn, created with American's support doubts about Consitutionality, individual control over person, property, papers, and effects, disenfranchising all Medicare/caid members due to forced into the Protection and Affordable Act. There is actually not much new in the world of medicine and patient care involved in this Act. Republicans, to varying degrees know that.  Very few Americans including a like number sitting in Congress, know how much our Declaration and Constitution are being ignored because these documents which define us as Lovers of Life, Liberty, and the Pursuit of each individuals happiness granted by The Creator are directly and specificaly protecting us from a much too large in scope, practice, intent of founders, and denying or lacking insight into the unique Nature and Nature's God, of Our Declaration to understand Our Place on this Globe. The Founders knew what they created was with The Creator's assist, but with their close attention to Greek, Roman, German, French, Spanish, and of course English history all of which contributed to the formation of the United States of America.

      
          So along with the help of Mr. Jon Roland's Constitutional Society, www.constitution.org; Mr. Joseph Andrews "Teaching and Learning The Declaration of Independence and the Constitution of the United States using original texts and resources and the 'Classical Learning Methods of the Founders' ", www.teachconstitution.org, Mr. Robert Campbell's "American Grand Jury", I plan to use these resources to follow what Noah Webster gave us in "The American Dictionary of the English Language 1928" to look at 'commerce' and "On every question of construction, let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or intended against it, conform to the probable one in which it was passed. (Thomas Jefferson in letter to William Johnston, 6/12/1823)".    

         To that end, here is one of the cases from Mr. Roland:   A.L.A. Schecter Poultry Corp. v. United States, 295 U.S.
          495, 55 S.Ct. 837 (1935): NIRA permitted "codes" to be

          promulgated by industry groups, which "codes" had effect

          of law.  Schecter officials indicted for violating "code" for

          acts occurring inside NYC. Court held NIRA

          unconstitutional on delegation of powers grounds and

          found the acts in question not a part of interstate

          commerce. Congress has no power over local wages and

          hours of work.

          

            "The mere fact that there may be a constant flow of

            commodities into a state does not mean that the flow

            continues after the property has arrived and has become

            commingled with the mass of property within the state

            and is there held solely for local disposition and use,"

            Id., at 543.

          

            "The power of Congress extends, not only to regulation

            of transactions which are part of interstate commerce,

            but to the protection of that commerce from injury. It

            matters not that the injury may be due to the conduct of

            those engaged in intrastate operations. Thus, Congress

            may protect the safety of those employed in interstate

            transportation 'no matter what may be the source of the

            dangers which threaten it'... [T]he dominant authority

            of Congress necessarily embraces the right to control

            their intrastate operations in all matters having such a

            close and substantial relation to interstate traffic that the

            control is essential or appropriate to secure the freedom

            of that traffic from interference or unjust discrimination

            and to promote the efficiency of the interstate service,"

            Id., at 544.

          

            "If the commerce clause were construed to reach all

            enterprises and transactions which could be said to have

            an indirect effect upon interstate commerce, the federal

            authority would embrace practically all the activities of

            the people, and the authority of the state over its

            domestic concerns would exist only by sufferance of

            the federal government. Indeed, on such a theory, even

            the development of the state's commercial facilities

            would be subject to federal control," Id., at 546.

  This isn't finished yet; but since our Mr. Obama wants his Health Act before his State of the Union Address; and because this clause is going to the Supreme Court; and because there is much more dangerous parts of the humongus Act, I'm going to put it out now...then continue to edit it until finished...... for now, 
           "I am only one, but I am one. I cannot do everything, but I can do something. And because I cannot do everything, I will not refuse to do something that I can do. What I can do, I should do. And what I should do, by the Grace of God, I will do. (Edward Everett Hale)".        

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