August 23, 2019

Progressives Want to Revive FDR’s Undemocratic Court-Packing Idea

judgeandgavelReeling in horror over President Trump’s nomination of Brett Kavanaugh (or whomever Trump may have picked) to replace retiring Justice Anthony Kennedy on the Supreme Court, there are now a slew of progressive liberals calling for implementation of one of the most undemocratic ideas in the history of the Democratic Party: FDR’s “court-packing” scheme. Roosevelt responded to the Court striking down some parts of the New Deal by proposing Congress pass a law to allow him to add a new justice to the Court for every current justice over seventy years of age.

The bill was ultimately struck down by the Democrat-controlled Senate in 1937, but only after both the Social Security Act and National Relations Labor Act were ruled constitutional by the Court earlier that year. Opponents of the New Deal specifically or expansion of federal power through SCOTUS in general view these decisions as somewhat coerced by the threat of Roosevelt’s court-packing proposal.

Whether that’s true or not really misses the point. Seeking to achieve political goals through Supreme Court rulings rather than the constitutional amendment process—when those goals involve the federal government undertaking new powers—amounts to acquiring power without the consent of the governed. It’s ironic that it is again supporters of the “Democratic” Party who are advocating avoiding a vote on their proposals.

Read the rest at Foundation for Economic Education…

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

The Supreme Court Has Destroyed Consent of the Governed

us-supreme-courtAs Americans celebrated the 242nd anniversary of their secession from Great Britain, references to the Declaration of Independence ratified on July 4, 1776 were many. But while the left reminded us “all men are created equal” and the right reminded us that all inalienable rights come from our Creator, far too little attention was paid to another phrase in Jefferson’s famous preamble: “deriving their just powers from the consent of the governed.” Judging from the way most Americans talk, almost no one remembers how that consent is supposedly obtained.

Hint: It isn’t from voting in elections, but that’s what most Americans seem to believe. According to this narrative, representatives are elected democratically, and by casting one’s vote, one consents to whatever legislation the representatives who win the election choose to pass, or whatever executive actions the elected president chooses to take. In the aftermath of Obamacare’s passage, surrogates for President Obama often justified that new federal endeavor with the quip, “That’s why we have elections.” Conservatives employ the same reasoning when their candidates win.

That raises the question: Why did the framers bother with Sections 8, 9 and 10 in Article I, Sections 2, 3 and 4 in Article II, or Sections 2 and 3 of Article III? Why did they include Article V at all?

The answer is that the aforementioned sections define the list of powers the people were consenting to, all others being reserved to the states or the people, while Article V was provided as the one and only means for the people to consent to any new powers. Put another way, any power exercised by the federal government that is not among those delegated in the Constitution is power exercised without the consent of the governed.

Read the rest at Foundation for Economic Education…

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Black robed high priests to rule on gay marriage

TAMPA, March 26, 2013 – No satire could approach reality when it comes to the federal government. While its two “polar opposite” political parties continue their standoff over whether the federal budget should increase $2.5 trillion or $2.4 trillion over the next ten years, its supposedly apolitical arm will begin deliberating over who is allowed to get married.

After that, they will take up the question of which end of the egg Americans may break.

Only a full century of government mayhem could have led to this. The court will consider two laws that together make up such a tangled mess that it’s fitting that the body that found Obamacare to be “a tax” should be assigned to sort it out.

The Defense of Marriage Act (DOMA) is the federal law that stipulates that no state is required to recognize a same sex marriage from another state. It also defines marriage as being between a man and a woman for all “federal purposes,” meaning any benefits normally paid to spouses in a federal retirement or entitlement program.

DOMA itself is a quagmire. Proponents of federalism have read the interstate portion as a protection of states’ rights, but is it? If this is an area that is beyond the power of the federal government, then why does Congress have to pass a law to say so? Why are they allowed to pass such a law at all?

Read the rest of the article on Liberty Pulse…

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Occupy Wall Street talking gibberish about healthcare

TAMPA, July 5 2012 – Thank heaven for the great Steve Zahn, who in his hilarious turn as Lenny in the Beatlesque That Thing You Do, coined a phrase that applies to nearly every political sentiment expressed here in the land of the free.

“You’re talking gibberish.”

Lenny’s prescient warning against calling the band “The One-ders” was ignored, resulting in the band’s name being universally mispronounced, until it was changed to “The Wonders” by the band’s eventual manager.

The lesson? When gibberish is accepted as reason, bad things happen. The stakes are much higher for healthcare.

There are limitless reactions to the Supreme Court’s decision to uphold Obamacare. Unfortunately, those opposed are also talking gibberish. Conservatives are trying to spin the decision as a blow for limited government because it was rendered by a conservative judge. That’s bad enough. Occupy Wall Street’s argument against the decision is even worse.

At least the left’s opposition to the law, where it exists, has remained consistent. True believers in government-provided healthcare object to the Affordable Care Act because it makes use of private insurers. Occupy Wall Street is 100% correct on one thing. “The law will deliver 20+ million new customers and $447 billion in taxpayer subsidies directly to the private health insurance companies.”

Libertarians couldn’t agree more. The Act is nothing more than a half trillion dollar theft for the health insurance industry. That it benefits big business does not make it a “free market” solution. It’s just more welfare, of the corporate variety, that libertarians oppose like any other forcible redistribution of wealth.

The gibberish comes in when Occupy argues for its solution. Proposing “Medicare for All,” a single-payer healthcare system 100% operated by the government, Occupy makes this statement.

“We believe that healthcare is a human right, not a commodity or a luxury for those who can afford it.”

Gibberish. Why? Let’s think for a moment about what this statement really means. To do that, we’re going to have to define the words used in the statement. The first one is “healthcare.”

Continue at Washington Times Communities…

Everything the government does is a mandate

TAMPA, April 4, 2011 – Despite the drama created by the two days of oral arguments on Obamacare, I’m sticking to my original prediction that the controversial law will be upheld by the Supreme Court.

Let’s face it, if the Court upheld a law limiting the amount of crops that someone can grow on their own land for their own consumption, they’ll find a way to uphold this. Ricardo Alonso-Zaldivar of the Associated Press (AP) provides some of the possible reasoning that the Court may rely on.

The AP article points out that there are many other federal government healthcare mandates already in place. Medicare is an individual mandate. There is no option to “opt out.” Conservatives make the distinction that one is only taxed for Medicare if one has an income, while Obamacare forces you to buy a product just because you’re alive. That distinction is valid, but how what does it really mean?

If you choose not to have an income then you either starve to death or live off previously taxed income. Those living off savings and investments haven’t escaped the mandate. Those assets were acquired by previous income. If you’re living off public welfare, then the tax has simply been paid by somebody else. “Income” is necessary to human life. One cannot consume what one has not produced unless someone else produces it for you. Thus, you either comply with the Medicare mandate or die.

Lost in all of these minutiae is a core principle. Government itself is an individual mandate. You have no choice whether to purchase its services. You have no choice whether to obey its laws or pay its taxes. You either comply or you are dragged away by force or killed while resisting. Americans used to understand this.

Continue at The Washington Times Communities…

Why is health care so expensive? (Washington Times Comm.)

TAMPA, Fl., March 29, 2012 — The nation waits with baited breath while the high priests of the federal government prepare to issue a pronouncement on the constitutionality of the Affordable Care Act, or Obamacare. The legislation purports to make health care more “affordable” by among other things, forcing every soul in the United States to purchase health insurance. It also mandates several other new government interventions into the health care market.

While conservatives are arguing that this represents some enormous crossroads between socialism and freedom and progressives are replying that it’s nothing more than “Medicare for all,” everyone has become distracted from the most important questions. Why is health care so expensive? Why does the price continually rise?

The proponents of Obamacare say that it’s capitalism; allowing health care to be delivered in a free market results in “putting profits before people” and other snappy alliterative slogans. In a word, the problem is the age old progressive boogeyman: greed.

That begs several questions. If capitalism is the problem, then why does the price of computers and cell phones continually go down? Aren’t the producers of these products greedy? Does anyone seriously believe that technology corporations “put people before profits?”

Continue at The Washington Times Communities…