American Elephants


ObamaCare Fails Again in the 11th Circuit! by The Elephant's Child
August 13, 2011, 9:59 pm
Filed under: Law, News, Politics, Progressivism, The Constitution | Tags: , ,

“The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the Constitution is written.”
              Chief Justice John Marshall, in Marbury v. Madison(1803)

Liberals just don’t like the Constitution much. It is constantly getting in the way of their being able to do what they want. When they have struggled and fought to climb to the top of the country’s elite, they really resent it when you say their powers are defined and limited. The president is annoyed when he can’t do what he wants, so he issues another executive order.  Well, we’re all a little childish in wanting our own way, and resenting whoever insists that we follow the rules.

The 11th Circuit Court of Appeals cited Justice Marshall’s words in its decision finding President Obama’s individual health-care mandate unconstitutional.  This case is the one in which 26 states have sued.  The individual mandate, starting in 2014, would require everyone to buy health insurance or else pay a penalty— for the rest of their lives.

That is “breathtaking in its expansive scope,” the court wrote.  “The government’s position amounts to an argument that the mere fact of an individual’s existence substantially affects interstate commerce, and therefore Congress may regulate them at every point of their life.  This theory affords no limiting principles in which to confine Congress’s enumerated power.”

It is a measure of ObamaCare’s overreach that throughout this history, the government has never claimed a power like the individual mandate. “Even in the face of a Great Depression, a World War, a Cold War, recessions, oil shocks, inflation, and unemployment, Congress never sought to require the purchase of wheat or war bonds, force a higher savings rate or greater consumption of American goods, or require every American to purchase a more fuel-efficient vehicle,” the majority writes.

The 11th Circuit ruled that the mandate was unconstitutional, but they did not throw out the entire law, finding that the mandate could be severed from the law as a whole. The opinion is here.

In January, Judge Vinson of the Northern District of Florida, found that the mandate could not be severed from the rest of the law and threw out the whole thing.

So, it’s on to the Supreme Court.  The Obama administration will try to stall.



Get to Know Governor Rick Perry. Impressive Experience! by The Elephant's Child

Rick Perry announced today that he is a candidate for President of the United States.  He has been governor of Texas for ten years, Lieutenant Governor before that, Commissioner of Agriculture, and a Representative in the Texas Legislature. Here is the announcement speech — no teleprompter — and if you don’t know much about him, very worth reading it all. He tells us who he is and what he believes.

We cannot afford four more years of this rudderless leadership. Last week, that leadership failed, and the tax and spend and borrow agenda of this President led to the first ever downgrade of the credit rating of the United States of America.

In reality though, this is just the most recent downgrade. The fact is for nearly three years President Obama has been downgrading American jobs. He’s been downgrading our standing in the world. He’s been downgrading our financial stability. He’s been downgrading our confidence, and downgrading the hope for a better future for our children. That’s a fact.

Texas has a pretty good record. No income tax. They like business there — home to more Fortune 500 businesses than any other state. Balanced budget. Over the past two years, over  40 percent of all jobs created in the country were created in Texas.

Even before the Perry announcement (though we all know he was going to announce) David Axlerod fired an early Obama campaign shot, on the CBS Early Show:

“I don’t think many people would attribute it to the leadership of the governor down there,” he said of jobs growth, citing federal spending on oil production and the military.

“Federal spending on oil production?” Have I not been writing for months and months about the thousands of jobs killed because the Obama administration will not issue permits for drilling?  And potential federal revenue from that drilling forgone because they didn’t want to let anyone drill for oil? How about the ten oil rigs departed for other countries?  Texas is a Gulf state, and has suffered from the Obama administration’s lack of a sensible energy policy. And Obama’s going to brag  about how he deserves the credit for Texas Job Growth?  Mr. slash defense spending, bring the troops home early, announce our schedule so the enemy can make appropriate plans, and cut the military back to bare bones?

Axlerod went on during an interview with George Stephanopoulos”

I don’t think the picture of Texas is what people want for the country when you look at the whole array of things that happened there,” he said.Texas’ record of job creation has more to do with profits from the oil industry, a growing military and receiving aid from the Recovery Act, according to Axelrod.

So President Obama has had marvelous success creating jobs in Texas, and neglected the rest of the country? Somewhere there are over 9 percent unemployed. When the folks in the other 49 states find out, they’re going to be really angry!

Here’s another enthusiastic post by a Perry supporter, from Legal Insurrection. Perry said:  “I promise I will work every day to make Washington D.C. as inconsequential in your lives as I can.”  Sounds good to me.




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