An Ol' Broad's Ramblings
OCA
If you’ve been under a rock, you might not know there is a lawyer, Van Irion, who brought a class action lawsuit challenging the Constitutionality of Obamacare. Actually, there are quite a few lawsuits pending on this issue. I’ve tried to keep up with the doings, but occasionally, I get behind. (I actually DO have a life, y’know!)
The papers were delivered. And a response was given. Now, while reading through this response, this little tidbit caught my eye:
“For a court to pronounce upon the meaning or the constitutionality of a state or federal law when it has no jurisdiction to do so is, by very definition, for a court to act ultra vires.” (FYI, ultra vires means “beyond the powers”.)
So, I’m looking at this one statement, reading it over and over, trying to connect that one sentence with what we have been seeing in the courts, all across the nation. A judge overturns a law, voted on by the people, just because he, or she, doesn’t like it. Where does this fit in? Haven’t our courts been doing a LOT of ‘ultra vires’ lately? Haven’t they taken away God given rights from WE, The People, almost on a daily basis? Haven’t governments on all levels been pushing through laws, that no one wants, with the express purpose of controlling the population, against their will?
Now, I’m obviously no Constitutional scholar. I leave that to P/H. But I do have a smidge of common sense rattling around, and I’m finding the actions of all branches of government taking a LOT of ‘beyond the powers’ actions.
Van Irion’s summary of the response of the government -
The defendants argue that:
* Any act of Congress is authorized under the commerce clause, under Congress’s tax-and-spend powers, and under the general welfare clause;
* Even if Obamacare isn’t authorized by the Constitution, the American people have no right to sue and this court has no right to hear the case;
* Even if Obama, Reid, and Pelosi violated their oaths of office, there’s nothing any court can do about it; and
* (This one is my personal favorite) You, Mr. Federal Court Judge, must ignore your own personal oath to uphold the Constitution and you must, instead, follow and enforce the Supreme Court’s perversions of the Constitution, even if you are absolutely certain that to do so would violate the Constitution.
If you read all 36 pages of the brief, you’ll come to basically, the same conclusion as Mr Irion. The federal government is full of weasels!
November can’t come soon enough, IMHO! Neither can 2012!
You got that right!! Not soon enough at all!!
Huh! Here I am wishing the summer away. LOL. But it is for a damn good reason don’t ya think?? LMAO! Can’t wait to get those idiots out of OUR house!!