The Federal Government Shutdown - and a solution you may have missed October 3, 2013
The Honorable Congressman Stockman
The Honorable Congressman Smith
The Honorable Senator Cornyn
The Honorable Senator Cruz
The Honorable Congressman Issa
The Honorable Congressman Goodlatte
The Honorable Senator Paul
The Honorable Justice Roberts
Gentlemen,
For some of you, I am a constituent, for others, an information source or worse case, a pain in the rear... please forgive me if you feel I fall into the latter category as I am not a politician and I am certainly not "politically correct".
I write today on the topic of our current Federal Government shutdown.
I re-read Supreme Justice Roberts decision on the Affordable Care Act this morning - and I re-read the Constitution of the United States. I determined there is something I believe you may have missed in the chaos and misdirection found today on the Hill.
In a nutshell;
1. Supreme Justice Roberts ruled that the Affordable care Act is in fact a tax. Congress has within its power to impose a tax in this Nation.
2. The Constitution of the United States, Article I, section 8, paragraph 1 states: "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;"
Therefore, The Supreme Court rules that the Affordable Care Act is Constitutional, but a tax. The Constitution states that any tax (excises) imposed by Congress MUST be "uniform throughout the United States;"
President Obama has, by Executive Legislative Fiat, excluded the entire Federal Government from the Affordable Care Act.
This appears to be unconstitutional as the Affordable care act no longer meets the requirements of Article I, section 8, paragraph 1 - the federal Government has now been exempted from this "tax".
Gentlemen, this entire Federal Government shutdown appears to be unconstitutional!
The argument from Senator Reid is that if the funding for the Affordable Care Act is not within the budget approved from the House - it will be rejected.
From the White House; President Obama has clearly stated he will veto any budget if it does not include funding the Affordable Care Act.
Dozens of polls have been run by credible organizations Nation-wide over the past few months, all asking the American Public if they wanted or did not want the Affordable Care Act...
The lowest poll results I found was 68% against the Affordable Care Act and the highest poll results I found was 92% against the Affordable care Act. This tells me - and should tell any elected listening to their constituents - the American Public does not want the Affordable Care Act!
Gentlemen - it appears the American Public has voiced their opinions against this "law" and wants no part of it. The House did the right thing and voted to de-fund the Affordable Care Act then provided their budget to the Senate, who rejected it....
Yet, President Obama exempted all Federal Employees from the Affordable Care Act - and therein lies the Constitutional issue... the Affordable Care Act no longer meets the requirements of Article I, section 8, paragraph 1. Moreover - Senator Reid wants no part of the Affordable Care Act upon himself or his friends. He knows for a fact it is NOT "affordable".
I ask that all of you join together, ask your peers to join together - and hand carry if necessary this argument to the Supreme Court for a ruling. If Supreme Justice Roberts agrees to clear the decks and hear this - this may be a method to restore our government budget constitutionally and get our Government back in the game.
As a sidebar, it de-funds the Affordable Care Act and places those supporting funding it on notice the People of this Nation are tired of the unconstitutional actions of those we elected to office and will no longer tolerate these abuses.
Respectfully,
SFC (retired) Aubrey Mason
San Antonio, Texas
cc;
Texas Attorney General Greg Abbott
Tea Party Command Center
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Comments
Thank you for such a well-written article. But seems to me they've missed a lot of solutions, to a lot of things.
Two things;
Thanks Melvin
Thomas - our Congress writes "bills" that become laws.... and the majority of these are unnecessary.... Our Constitution, as in this case, clearly states Congress cannot, is forbidden, from creating something that does not apply to everyone in the US.... and it is dodged at every opportunity.
In truth, this business with obama isn't new... it's been going on for quite some time now - even under Presidents I respected. It just wasn't as blatant and in your face as obama has made it..... or with muslims.......
I am getting this out to everyone I know thx mel