• The American people have overwhelming rejected this legislation
• Speaker Palosi does not have the votes to pass the Senate version of Health Insurance Reform legislation.  If she did, there would have been a vote
• All the arm twisting, fist pounding, and cajoling have failed to turn a sufficient number of Democrat members of the House to vote against the will of their constituents

The handwriting is on the wall… with overwhelming majorities in the House and the Senate, as well as the Office of the President, the Democrats have failed to deliver on their far-left version of health insurance reform.  The people do not want, nor can we afford, another massive entitlement program.  This overwhelming failure has implications far beyond the 2010 elections – and they know it.

In my opinion, the question now facing this President and the Democrat leadership is:  Is it possible that there could be a scapegoat somewhere to pin this loss on?  It’s damage control time.

First, they tried to blame the Republicans saying they were the “Party of No”, but that didn’t fly did it?  After all, they had super-majorities in the House and Senate for the better part of a year and they could not get it done.

Next, they tried to paint the Republicans mean spirited, uninformed, insurance company champions at the Healthcare Sumit in Feb. 2010.  But that backfired as Republicans demonstrated time after time their commanding knowledge of the issues and why the Democrat version of the legislation would both fail to meet the goals of true reform and result in an explosion of the national debt.

Let’s see… is there someone else, besides the Republicans, has angered this President and the liberals in both the House and the Senate and could be a potential target of opportunity?  Hmmm…

One needs to look no further then the evening of January 27^th, 2010.  Who was it during the State of the Union Address President Obama chided and the Democrats rose to their feet hooting and hollering in approval of his chastisement?  Could it be that the U.S. Supreme Court is the ideal scapegoat for the abysmal failure of this President and Congress to pass their version of health insurance reform?

In my opinion, I think that is exactly what the so called “Slaughter Solution” is all about.  Under this rule, the House would vote on a “Rule Change”.  This rule change would contain a list proposed amendments to the Health Insurance Reform bill passed by the Senate.  Additionally, the Rule Change would stipulate that if the House passes the list of desired amendments, then it deems that the House has also passed the Senate bill itself.  In other words, the House can pass the Senate bill without ever having to vote specifically on it.

Already, constitutional law scholars from both the left and the right are lining up in opposition to such a tactic ^[1] saying that is violates Article 1 Section 7 of the U.S. Constitution; which states in part:

 Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States

So, why do it?  Why take an approach which seems to be doomed from the onset to be ruled unconstitutional by the federal courts.  In my view, it’s quite simple and quite cynical.  The President and the rest of the Democrats get to blame the U.S. Supreme Court, which would undoubtedly be the final arbiter on the constitutionality of such a tactic.  Look at the potential benefits:

• Senator Reid can say, “The Senate did its job and passed a bill”
• Speaker Palosi can say, “The House did its job and passed a bill”
• President Obama can say, “I did my job, I signed the bill into law”
• And they call all point to a conservative court and say in unison, “The Supreme Court has usurped the power of the Executive and Legislative branches of government and has imposed its will on the American people by legislating from the bench.  They did what the Republicans could not do.”

As an additional bonus, they can use such a ruling as campaign fodder in the 2010 mid-term elections as well as the 2012 Presidential election as a reason why a less conservative court is needed and the only way to insure that is to elect Democrats.  Furthermore, it would not be the first time in recent history that the Democrats have intentionally pulled the U.S. Supreme Court in to cover the loss – anyone remember the 2000 Presidential Election when Al Gore tried to use the courts to circumvent the results of the election.  Heck, they got 8 years of political cannon fodder out of that one.

It’s perfect cover for this President and the Democrats in both the House and the Senate.  If the Slaughter Solution is used and a constitutional challenge fails, they win.  If a constitutional challenge succeeds, they win.  Either way they win – and the American People loose.

[1]  ‘Slaughter Solution’ could face legal challenge, Fred Barbash, 3/16/2010 http://www.politico.com/news/stories/0310/34508.html

Look, I know there is a lot of passion on all sides of this Healthcare Reform debate that is currently gripping the nation.   You know, if we really take the effort to step back from the rhetoric and hysteria, it’s clear that we all agree on the goals of healthcare reform.  We all want to see those in need be able to get what they need.  We all agree that we need reform that will address the real concerns people have with powerful, corporate health insurance companies.  At the same time, we can all agree that we need to protect the insurance companies from people who are willing to game the system by not purchasing health insurance until they are really sick – after all, you and I will pay the price for that kind of irresponsibility. 

Nope, the goals are not the issue.  What is the issue though is how we achieve those goals and frankly, the American people have looked at the current legislation and the vast majority of us are saying that the ends do not justify the means.  We don’t agree with the approach being taken by the Democrats to both achieve the goals (which I don’t believe the legislation will do) nor the means by which they are legislating.   So, Sen. Reid, there is no need to trot out any more victims of tragic situations and tell us we are bad people if we don’t agree with your means of achieving laudable goals.  Come on, let’s be real here, do you really think that disagreeing with your methods is equivalent to disagreeing with the goals of reform?

As a reader, you may not agree with my point of view.  Nevertheless, I encourage you to stop for a moment and look at what is happening in Washington.  Something is going wrong… very, very wrong.  Ideology is on a collision course with the standards by which this nation’s legislative branch has conducted itself since its founding.  We are seeing leadership in both the Executive and Legislative branches of our government take on a “win at any cost” method of governing.  Is that really what we want from our government?  Is this the “change” so many American’s voted for… seriously?

Take a look at Venezuela and how Hugo Chavez operates.  He doesn’t like how the media treats him… he changes the rules.  He doesn’t like the way the election is shaping up… he changes the rules.  He doesn’t like the way businesses operate… he changes the rules.  Can you imagine how both dangerous and frustrating that is for the people of Venezuela?  Chavez is the living definition of a tyrant and his government is a tyrannical government.  There is no liberty for the people of Venezuela.  He talks like he is doing these things on behalf of the people… I don’t believe the people of Venezuela see it that way.

I’m willing to bet we all had an experience with a kid or two on the playground at school who had a win at all costs mentality.  You know the kid I’m talking about, the one who would change the rules during the game because things were not going his way.  Well, let’s scale that up a bit to our nation’s government.  Right now, Pres. Obama, Sen. Reid, and Speaker Pelosi don’t like the way things are going for them with the healthcare reform legislation.  So what are they plotting to do?  The exact same thing Chavez or the playground bully would do.  They are going to change the rules in the middle of the game. 

The rules of governance for both the Senate and the House serve several purposes; two of which are   to bring sanity to the process and prevent the ideology of the majority party from completely trampling the rights of the minority party.    If Nancy Pelosi has her way, she will have the rules of the U.S. House of Representatives changed so that the House can pass the Senate’s version of healthcare reform without voting on the bill.  That’s right, the same party that just one week ago demanded an up-or-down (simple majority) vote in the Senate on a conference committee bill that would not stand up to the Senates 60 vote rule is now willing to change the rules of the House so that it can pass legislation by simply declaring it as passed… without a vote!

Ideology has taken over common sense.   Tell me, how is this any different than the way Chavez governs his nation?   Do we want the steady hand of tradition, decorum, and established rules of governance at the helm of our Democratic Republic or do we want to trade in the 50 stars on our nations flag for 50 bananas and become a Banana Republic?

I call on President Obama to live up to his own words.  Members of Democratic party and the current administration have in fact been taking very concrete steps to muzzle the voice of dissent to its domestic policies.

On Monday, in response to an opposition mailing from Humana mailing to their Medicare Advantage subscribers, the Health and Human Services agency issued a directive to all Medicare Advantage providers ordering them to “immediately discontinue all such mailings” and to remove all such material from their internet sites. [2] This action reversed the 1997 position of HHS when it acknowledged the Center for Health Plans and Provides letter addressing the right of an insurance company to inform their subscribers of their view of pending legislation.  In that letter, CHPP director Bruce Fried wrote, “While it may be difficult for a reviewer to ascertain whether or not the information about legislation, for example contained in a member’s newsletter issued by an HMO, is accurate and without a slant or unrevealed self-interest, we believe that prohibiting such information would violate basic freedom of speech and other constitutional rights of the Medicare beneficiary as a citizen.” [2]

The Democratic National Committee, along with Congressional leadership and leading members of the Democratic party, have participated in an escalating effort to marginalize and silence the citizen opposition to your domestic and economic policies first by calling participants of town-hall meetings and Tea Party protests an “unruly mob” [3], then making accusations of Nazi [4] and KKK affiliation [5], implied threats of violence [6], and now directly linking opposition views to racism.

There is notable silence from the White House as media commentators like Chris Mathews of CNN imply that those opposed to this administration’s domestic policies are inciting violence against the President and warning of violent revenge if this occurs.

In the President’s address to the United Nations told member nations that change would not happen with just words and speeches and that change had to start at home.  I call on the President to show some leadership and to backup his words to the United Nations by taking these concrete actions:

1. Reverse the HHS directive to insurance companies imposed on Monday.
2. Publicly rebuke members of the Democaratic Party leadership who have openly called American citizens who oppose this administration’s position on policy matter racists and Nazis and accused them of inciting violent action.
3. Live up to the promise of transparency by asking the Senate to reconsider their decision to reject Sen. Jim Bunning’s amendment that would require both the legislation and the Congressional Budget Office report posted and available for review 72 hours prior to a vote. [10]
4. Publicly rebuke Senate Majority Leader Harry Reid for threatening to circumvent the very foundation of our legislative system by manipulating senate rules to force passage of major, sweeping legislation using rules meant to reconcile fiscal bills that need reconciliation between chambers of the legislative branch.

Both the nation and the world are watching Mr. President.

Footnotes:

[1] The New York Times: Obama’s Speech to the United Nations General Assembly, Sept. 23^rd, 2009  http://www.nytimes.com/2009/09/24/us/politics/24prexy.text.html

[2] http://www.foxnews.com/politics/2009/09/24/clinton-administration-guidance-proves-humana-acted-properly-republicans-say/

[3] NewsBusters: Tapper: ‘DNC Suggests Town Hall Protesters are Fringe Birther Mob’ by Noel Sheppard, August 5^th, 2009 http://newsbusters.org/blogs/noel-sheppard/2009/08/05/tapper-dnc-suggests-town-hall-protestors-are-fringe-birther-mob

[4] NewsMax: Media Ignore Pelosi Nazi Comparison, August 7, 2009 http://www.newsmax.com/insidecover/pelosi_limbaush_swastikas/2009/08/07/245316.html

[5] Examiner: Dingell says town hall protesters remind him of KKK, by Heather Hogue, August 11, 2009 http://www.examiner.com/x-4124-Phoenix-Republican-Examiner~y2009m8d11-Dingell-says-town-hall-protesters-remind-him-of-the-KKK

[6] Fox News: Pelosi: Health Reform Rhetoric Reminiscent of violence in ‘70s, Sept. 18, 2009 http://www.foxnews.com/politics/elections/2009/09/18/pelosi-health-reform-rhetoric-reminiscent-violence-s/

[7] The Heritage Foundation Foundry:  Obamacare: Day One Finance Committee Ammendments, Sept. 24^th, 2009 – http://blog.heritage.org/2009/09/24/obamacare-day-one-finance-committee-amendments/

Democracy cannot exist as a permanent form of government. It can only exist until the voters discover they can vote themselves largesse out of the public treasury. [1]

Additionally, he is attributed with saying:

It is true that nations and empires actually do have “life cycles.” This has been studied by many historians throughout the years and they all have come to about the same conclusion: a lifetime of about two centuries. And they all seem to go through the same life cycle: “from bondage to spiritual faith; from spiritual faith to great courage; from courage to liberty; from liberty to abundance; from abundance to complacency; from complacency to apathy; from apathy to dependency; from dependence back again into bondage. [2]

My perspective is that today, we in America stand at the crossroads of “apathy to dependency”.  We have already progressed from Bondage to Spiritual Faith to Great Courage to Liberty to Abundance to Complacency to Apathy.  But we do not have to continue down this descending path.

Tytler had it absolutely right.  Apathy does lead to dependency.  We stand at the crossroads of Apathy and Dependency today.  There are real fears and real concerns about our economic future.  With so many unemployed nationwide, many feel there is no alternative but turn to the Federal Government to provide for our needs.  That is understandable, but misguided.

America – LISTEN UP!  Look again at the life cycle of a great nation observed by Tytler.  It does not start with a big government.  In fact, just the opposite is true.  It ends with a big government. 

I understand the need for everyone to have some form of basic health insurance.  And I agree that a nation as prosperous as ours can do better in making sure that happens.  However, we cannot allow the means of reaching that goal take us down a path that leads to dependency on the federal government.  The ultimate result will be a fundamental shift in the relationship between our government from “We the People do ordain…” to “We the People are dependent on and work for…”

We are told by our political leaders that the bill cost of health care reform will be paid for in part by a “… new fee on insurance companies (that) would help raise money to pay for the plan. The fee would raise $6 billion a year starting in 2010, and it would be allocated among insurance companies according to their market shares.” [3]

The notion of getting the corporations to pay their “fair share” seems reasonable.  In fact, it’s downright enticing.  However, economist J. Edward Carter put it this way, “As most college freshmen learn in Economics 101, corporations do not pay taxes, people do. The burden of corporate taxation is ultimately borne by customers (through higher prices), stockholders (smaller dividends and capital gains), and employees (lower wages).” [4] 

Interpretation (if one is needed): There is no such thing as a free lunch!

President Obama in his address to the Joint Session of Congress said “Put simply, our health care problem is our deficit problem.  Nothing else even comes close [5].”  His answer  - more deficit spending.  Does that make sense to you?  According to the Congressional Budget Office report on HR3200, Obama’s health care reform will add $1 trillion dollars to the federal defect by 2019 [6].  We need to get our minds around that number!  This might help – to spend $1 trillion dollars, you would have to spend $1 million dollars a day from the time Christ was born until now.

If we allow this to come to pass, we will be yoking our children and grandchildren with a government debt burden that is unsustainable.   Through our apathy and complacency, we are sentencing our children to a tax burden that will be oppressive.  We are sentencing them to bondage.

Today, we live in a republic democracy and for all its flaws, it is the finest system in the history of the world.  At the heart of our system of government is the notion that the government derives its rights and privileges from the people.  Changing that relationship so that the rights and privileges of the people are dependent on the government is a fundamental shift away from democracy and towards fascism.

As a nation, we cannot lose the “can do spirit”.  We have to look the “government” in the eye and say, “Thanks, but no thanks!”  Are we really so bad off that we are willing to trade freedom for tyranny?  Is that really what we want to choose for ourselves and our children?

Come on America!  This nation was founded by a group of people who got on wooden sail boats and crossed an ocean to escape tyranny.  Let’s not put shackles of tyranny back on again!

Footnotes:

[1] Quotes.net

[2] America’s Abundance Has Let to Apathy by Amil Imani, American Chronicle – April 2009

[3] New Fee on Health Insurance Companies Is Proposed to Help Expand Coverage by  Robert Pear, The New York Times, Sept. 6^th, 2009

[4] Corporations Don’t Pay Taxes, People Do by Stephen Slivinski; Budget & Tax News, March 2004

[5] Obama’s Health Care Speech to Congress, The New York Times, Sept. 9, 2009

[6] Congressional Budget Office Report on HR 3200