Our rights do not originate with government, but they are to be "secured" by government.

Tuesday, November 24, 2009

What Does It All Mean?

We live in a constitutional republic, created by men who believed that the government was and could be the biggest source of oppression to the people. They made it difficult to change, and severely restricted it. Specifically they only granted the government enumerated powers.

The enumerated powers are a list of specific responsibilities found in Article 1 Section 8 of the United States Constitution, which iterates the authority granted to the United States Congress. Congress may exercise only those powers that are granted to it by the Constitution, limited by the Bill of Rights and the other protections found in the Constitutional text.
Thee classical statement of a government of enumerated powers is that by Chief Justice Marshall in McCulloch v. Maryland:

“This government is acknowledged by all, to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent, to have required to be enforced by all those arguments, which its enlightened friends, while it was depending before the people, found it necessary to urge; that principle is now universally admitted.”

“ This government is acknowledged by all, to be one of enumerated powers.”
—Chief Justice Marshall in McCulloch v. Maryland

“ We start with first principles. The Constitution creates a Federal Government of enumerated powers.”
—Chief Justice William Rehnquist in United States v. Lopez

US constitution, Ninth amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

US constitution, 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.

So we have a government with limited powers, and we have rights that are reserved to the people or the states not the federal government, and requirements that all men be given equal protection of the laws.

What do we call a ruler or government that works without restrictions, and the state of being where power of government is exercised with disregard to its enumerated powers?

ty•rant n. An absolute ruler who governs without restrictions.
The American Heritage® Dictionary of the English Language, Fourth Edition. Retrieved November 24, 2009, from Dictionary.com website: http://dictionary.reference.com/browse/tyrant

tyr•an•ny n. 1. arbitrary or unrestrained exercise of power
Dictionary.com Unabridged. Retrieved November 24, 2009, from Dictionary.com website: http://dictionary.reference.com/browse/tyranny

Since by law I am not allowed to purchase health insurance from beyond my states borders, my purchase of Health insurance cannot affect Interstate Commerce. Since whether or not I purchase insurance within my state cannot affect commerce between the states, by what other enumerated power can the federal government tell me or my insurance provider what my insurance must or must not cover. As a single man, I really don’t need insurance that covers pregnancies and mammograms, and should be allowed to purchase insurance which doesn’t cover these conditions. It would be like my wanting to purchase a pickup truck. I need a light duty truck for occasional hauling like a Ford Ranger, but the government says it knows better what I need and insists I purchase a truck with minimal features like being able to carry a ton, and tow a 7000 pound trailer, and I’m not allowed to purchase anything less than a SuperDuty F250, going so far as to legislate that Ford not sell any trucks that can’t tow less than 7000 pounds. It doesn’t matter that I don’t have a trailer that big, and never plan on having one, I have to purchase a truck than can tow one.

If I choose to self insure, instead of purchasing insurance I should be able to do that. What specific enumerated power grants the federal government the right to force citizens to purchase a service as a condition of living in the USA. This has never before happened in the history of this country. This is not only, not an enumerated power, it is the unrestrained exercise of power. By definition Tyranny.

Florida Health Care Freedom Act says any "law or rule shall not compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system," and specifies people and employers can’t be fined for not buying insurance. When Florida passes this law, which then specifically prohibits the federal government from the power to force people to buy insurance, what will the feds do?

If the 2000 page monstrosity of “health care reform” passes the senate and becomes law, then we are no better than Cuba, the USSR, or North Korea, where ruling juntas determine what the people can and cannot do without restrictions. We will be living in a state of Tyranny.

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