Dealing with the ‘dark night’ of health care ‘reform’…notice that today is indeed the longest, darkest night of the year. Despite the overwhelming opposition of the American public, the grinches stole Christmas anyway.
Here is an example of a “Constructive Notice of Instruction” sent to Illinois Senators Burris and Durbin regarding their health care vote (h/t WTP). The notice informs them of their violation of their oath, and the attached Illinois Constitution (not attached here) informs them of the people’s right to recall them if they vote against their constituents. It is the right of redress in each of the State’s constitutions that will allow ordinary citizens to punish their representatives for violating their oath to the Constitution and to represent their constituents.
Dear Senators Burris and Durbin:
I am putting you on CONSTRUCTIVE NOTICE OF INSTRUCTION that you do not have any LEGAL CONSTITUTIONAL authority to vote yes on this issue. Therefor, you must vote no or you will be in VIOLATION of your OATH OF OFFICE and subject to removal.
Congress lacks the constitutional authority to regulate and control the practice of medicine in the jurisdiction of the States.
See Linder v. United States, 268 U.S. 5, 18, 45 S.Ct. 446 (1925) (“Obviously, direct control of medical practice in the states is beyond the power of the federal government”);
Lambert v. Yellowly, 272 U.S. 581, 589, 47 S.Ct. 210 (1926) (“It is important also to bear in mind that ‘direct control of medical practice in the States is beyond the power of the Federal Government.’ Linder v. United States 268 U.S. 5, 18. Congress, therefore, cannot directly restrict the professional judgment of the physician or interfere with its free exercise in the treatment of disease. Whatever power exists in that respect belongs to the states exclusively.”)
Oregon v. Ashcroft, 368 F.3d 1118, 1124 (9th Cir. 2004) (“The principle that state governments bear the primary responsibility for evaluating physician assisted suicide follows from our concept of federalism, which requires that state lawmakers, not the federal government, are ‘the primary regulators of professional [medical] conduct.’ Conant v. Walters, 309 F.3d 629, 639 (9th Cir. 2002);
Barsky v. Bd. of Regents, 347 U.S. 442, 449, 74 S.Ct 650, 98 L.ED. 829 (1954) (‘It is elemental that a state has broad power to establish and enforce standards of conduct within its broders relative to the health of everyone there. It is a vital part of a state’s police power.’) The Attorney General ‘may not…regulate [the doctor-patient] relationship to advance federal policy.’ Conant, 309 F3d at 647 (Kozinski, J., concurring).”)
And certain features of this proposed law will certainly be unconstitutional; see:
United States v. Constantine, 296, U.S. 287, 56 S.Ct. 223 (1935) “We think the suggestion has never been made — certainly never entertained by this Court — that the United States may impose cumulative penalties above and beyond those specified by state law for infractions of the state’s criminal code by its own citizens. The affirmative of such a proposition would obliterate the distinction between the delegated powers of the federal government and those reserved to the states and to their citizens. The implications from a decision sustaining such an imposition would be startling. The concession of such a power would open the door to unlimited regulation of matters of state concern by federal authority. The regulation of the conduct of its own citizens belongs to the state, not to the United States. The right to impose sanctions for violations of the state’s laws inheres in the body of its citizens speaking through their representatives. So far as the reservations of the Tenth Amendment were qualified by the adoption of the Eighteenth, the qualification has been abolished. (emphases added)
Citizens, there are actions we can take now. Keep your head up, Americans are right on this one, the Congress and Obama are dead wrong.