HR3590 Unconstitutional as a Poll Tax

It came to our mind this evening yet another way HR3590 is unconstitutional through the individual mandate: it creates a poll tax.

Poll taxes were used to keep southern blacks from their right to vote and were banned by the 24th Amendment:

Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.

If one does not have insurance and does not pay the 2.5% tax mandated by HR3590, they would be guilty of a felony and go to jail, thus losing their voting privileges. Thus the effect of the 2.5% penalty tax is indeed a poll tax. Add this to our list of ways the bill is unconstitutional.

Aborting the Constitution Through Executive Order: More March Madness

Here we are on Christian Sabbath Day trying to defend the Constitution and to protect the babe in the womb.

As the Slaughter Solution appears to have been slaughtered, the latest tactic seems to be to get Rep. Bart Stupak & gang to sign on by having Obama sign an "executive order" defunding abortion after Congress would vote to fund it through passage of Obamacare. (The Hill, Life News). We decry this latest foul trickery.

Executive Orders have a tainted history of abuse in violating the Constitution separating the power of the Congress to legislate law and the executive branch to enforce the law. But this proposal goes further: Obama would pre-promise to reverse a law passed only perhaps minutes or hours stating the complete opposite. There is no historical example of this EVER being done before in the history of our Republic.

Secondly, an executive order is much weaker than a law passed by Congress. Any president can reverse any executive order at any time for any reason. All it would take is for Obama or another future Progressive President to wave their magic wand and all that Stupak, Hyde, and We the People have fought for in keeping federal funding of abortion prohibited would be washed away.

Stop this March Madness abortion of our Constitution!

+++ Update:
Although you can't contact Stupak outside of Michigan through his congressional email, you can use this email from his facebook: rep_stupak@new.rr.com

Why the Healthcare Scheme is Unconstitutional

Here are three reasons why we believe the healthcare scheme Patient Protection and Affordable Care Act (H.R. 3590) before the Senate at this late hour tonight--at the Democrats own choosing--to be unconstitutional:

(1) Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." No powers to regulate health insurance are found in the constitution. End of discussion here: states or the people have jurisdiction in the healthcare arena. The bill is unconstitutional.

(2) Eighth Amendment: Protection from "excessive fines" is guaranteed. Never before in the history of our nation have we fined for NOT purchasing something. This bill would require everyone to purchase health insurance coverage under threat of fine and/or jail. Any fine would be excessive. Joining this amendment is the Fourth Amendment which protects against unreasonable searches. To enforce their law of everyone having insurance must needs be a requirement of verification so that we would allow the Government to search our records for insurance coverage verification. If the burden of insurance coverage verification were placed in the responsibility of the people, then they would force anyone without health insurance to violate the Fifth Amendment which prohibits self-incrimination! What a mess!!! No wonder GOP Senators have declared this portion of the bill blatantly unconstitutional and have assured that it will be challenged in court. (Hertitage.org also offers a lengthy but excellent article explaining the unconstitutionality of mandating insurance purchase in detail.)

(3) Bill of Attainder: We assert the $1.2B "Cornhusker Kickback" is a bill of attainder which is prohibited in Art. 1 Sect. 9: (from Wikipedia: "A bill of attainder, is a legislative act which inflicts punishment without judicial trial and includes any legislative act which takes away the life, liberty or property of a particular named or easily ascertainable person or group of persons because the legislature thinks them guilty of conduct which deserves punishment.") Reid's manager's amendment to the bill was debated in a secret, partisan manner so as to punish those states not in on the bargaining with the Medicare healthcare costs of the state of Nebraska whose Senator Nelson was in on the secret scheme. The bill was released at the beginning of the biggest holiday shopping weekend of the year and is scheduled to be voted on not many minutes from now before the weekend closes.