SHUT DOWN OF FEDERAL GOVERNMENT SET TO UPHOLD FEDERAL HEALTH CARE EXTORTION SCHEME ObamaCare declared “unconstitutional” by US Supreme Court The Basis for this Brief The current budget battle between the US House of Representatives and the US Senate is over the funding or defunding of ObamaCare, which was in fact declared “unconstitutional” by the US Supreme Court in its ruling dated June 28, 2012 – has resulted in an impasse and a partial “shut down” of the Federal Government starting on October 1, 2013. Despite numerous efforts by the House of Representatives to pass a budget funding everything except ObamaCare, the Senate under the command and control of Democrat Senator Harry Reid (Nevada) has rejected every effort to reopen all federal agencies on grounds that they intend to “extort” money illegally and unconstitutionally from the American people under their Affordable Health Care Act in which the Federal Government is attempting to seize control of the health care industry, namely ALL related revenue. This document is prepared for the American people and the several States because Republicans currently in control of the House of Representatives are almost certain to cave to the extortion underway, led by Senate Leader Harry Reid of Nevada, unless the States and the people directly engage. The people must prepare to take appropriate measures in that event. Before discussing the criminal nature of events surround the forced acceptance of ObamaCare, we must first state that ObamaCare originated in the US Senate. As the Constitution rests all congressional power to “lay and collect taxes” in the House of Representatives, from which all “tax” revenue related bills must originate, the Senate bill known as ObamaCare denied that it was a “tax,” therefore allowing the bill to originate from the Senate. As you will see here, the courts then attempt to re-write ObamaCare, making it a “tax” in order to make it appear “constitutional.” However, the bill in its current form is NOT a “tax” and if it is a “tax,” it could only exist if originated in the House. ObamaCare is in fact “unconstitutional” in its current form. But it is much worse that “unconstitutional,” it is the greatest theft of private property, freedom and liberty in the history of the United States. Extortion The legal term “extortion” is defined in Common Law as – “a misdemeanor consisting of an unlawful taking of money by a government officer. It is an oppressive misuse of the power with which the law clothes a public officer.” Extortion is further defined as follows; “The essence of extortion by a public officer is the oppressive use of official position to obtain a fee. The officer falsely claims authority to take that to which he or she is not lawfully entitled. This is known as acting under color of office. The victim, although consenting to payment, is not doing so voluntarily, but is yielding to official authority.” “Extortion is generally punished by a fine or imprisonment, or both. When the offense is committed by a public officer, the penalty may include Forfeiture of office. Under some statutes, the victim of an extortion may bring a civil action and recover pecuniary damages.” Not a Victimless Crime In the case of the ObamaCare extortion, the victims are both the individual States, which are threatened with the loss of federal funding if they refuse to accept the unconstitutional expansion of Medicare and Medicaid within their State, private businesses forced to comply with unconstitutional ObamaCare employer mandates or face extreme financial penalty, and the people of the United States, who are forced to “opt-in” to ObamaCare or face extreme “fines” and “penalties” for “opting-out.” As every State, business owner and citizen is a direct victim of this crime, each in and of themselves, has “legal standing” to bring an action against the people involved in committing the crime. The Supreme Court Ruling of June 28, 2012 Key parts of the decision rendered on 28 June, 2012 regarding the constitutionality of the ObamaCare racket are vital to the defeat and defunding of the effort to extort revenue from the States, private businesses and American citizens. Specifically, the following parts of the 193 page decision written by Chief Justice John Roberts are as follows. 1) Congress did NOT pass ObamaCare by constitutional legislative process, but rather by a heavyhanded strictly partisan process which completely eliminated half of the US Representatives from the process in the dark of night. Further, it did NOT pass as a “tax” bill under the Direct Tax authority of congress, which must initiate in the House. Preamble to the Ruling; In 2010, Congress enacted the Patient Protection and Affordable Care Act in order to increase the number of Americans covered by health insurance and decrease the cost of health care. One key provision is the individual mandate, which requires most Americans to maintain “minimum essential” health insurance coverage. 26 U. S. C. §5000A. For individuals who are not exempt, and who do not receive health insurance through an employer or government program, the means of satisfying the requirement is to purchase insurance from a private company. Beginning in 2014, those who do not comply with the mandate must make a “[s]hared responsibility payment” to the Federal Government. §5000A(b)(1). The Act provides that this “penalty” will be paid to the Internal Revenue Service with an individual’s taxes, and “shall be assessed and collected in the same manner” as tax penalties. §§5000A(c), (g)(1). Another key provision of the Act is the Medicaid expansion. The current Medicaid program offers federal funding to States to assist pregnant women, children, needy families, the blind, the elderly, and the disabled in obtaining medical care. 42 U. S. C. §1396d(a). The Affordable Care Act expands the scope of the Medicaid program and increases the number of individuals the States must cover. The Act increases federal funding to cover the States’ costs in expanding Medicaid coverage. §1396d(y)(1). But if a State does not comply with the Act’s new coverage requirements, it may lose not only the federal funding for those requirements, but all of its federal Medicaid funds. §1396c. Twenty-six States, several individuals, and the National Federation of Independent Business brought suit in Federal District Court, challenging the constitutionality of the individual mandate and the Medicaid expansion. The Court of Appeals for the Eleventh Circuit upheld the Medicaid expansion as a valid exercise of Congress’s spending power, but concluded that Congress lacked authority to enact the individual mandate. Finding the mandate severable from the Act’s other provisions, the Eleventh Circuit left the rest of the Act intact. In short, as Democrats passed the Act through congress on pure partisan lines as a “fine” and/or “penalty,” it was “unconstitutional” as written and passed, as any such Act falls beyond the scope and power of congress and falls under the definition of “extortion.” Part 1 of the Ruling “CHIEF JUSTICE ROBERTS delivered the opinion of the Court with respect to Part II, concluding that the Anti-Injunction Act does not bar this suit. The Anti-Injunction Act provides that “no suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court by any person,” 26 U. S. C. §7421(a), so that those subject to a tax must first pay it and then sue for a refund. The present challenge seeks to restrain the collection of the shared responsibility payment from those who do not comply with the individual mandate. But Congress did not intend the payment to be treated as a “tax” for purposes of the Anti-Injunction Act. The Affordable Care Act describes the payment as a “penalty,” not a “tax.” That label cannot control whether the payment is a tax for purposes of the Constitution, but it does determine the application of the Anti-Injunction Act. The Anti-Injunction Act therefore does not bar this suit.” This is of critical importance because today, the House of Representatives, States or the people could petition the court for an injunction blocking the implementation and funding of ObamaCare on constitutional grounds, as declared in Part 1 of the Supreme Court decision. In short, the text of ObamaCare as passed by Democrats in congress is hereby deemed “unconstitutional” as is. Part 2 of the Ruling “CHIEF JUSTICE ROBERTS concluded in Part III–A that the individual mandate is not a valid exercise of Congress’s power under the Commerce Clause and the Necessary and Proper Clause. Pp. 16–30.” This part of the ruling establishes that the Act as passed in original form by congressional Democrats is beyond the scope and authority of congress under both the Commerce Clause (used by Democrats to pass the Act) and the Necessary and Proper Clause, (used by Democrats to defend the Act). Once again, as written and passed, the Act is ruled “unconstitutional” as-is under the constitutional authority granted in these two clauses. Part 3 of the Ruling
Posted on: Wed, 09 Oct 2013 07:59:55 +0000
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