An Excellent Point by Attorney General Cuccinelli.

In The Wall Street Journal, Attorney General Ken Cuccinelli of Virginia defends the law suit against the Federal Government and Obamacare.

In your April 2 editorial “ObamaCare and the Constitution,” you seem to assume that Virginia's lawsuit against ObamaCare is an attempt to "nullify" federal law.

This is not the case. Virginia concedes that the Constitution's Supremacy Clause ensures that federal law trumps state law when there is a direct conflict between laws. However, a federal law will only trump when it is constitutionally grounded. In our lawsuit, Virginia is asking the federal courts to declare the federal health-care act unconstitutional based on Congress's use of the Constitution's Commerce Clause to impose an individual health insurance mandate on citizens.

Certainly the Commerce Clause gives Congress the power to regulate commerce among the states, but for more than 220 years it has been applied to affirmative acts of commerce voluntarily entered into by individuals. If someone is not buying insurance, then—by definition—he is not participating in commerce. How, then, can the government use the Commerce Clause to regulate noncommerce? Virginia contends that it cannot.

If Congress has the power to force Americans to buy health insurance and thereby subsidize those people without it, then there is no limit to its power to force people to engage in other forms of commerce for the benefit of others. For example, Congress could force Americans to buy General Motors cars to save jobs in the face of lagging auto sales.

This lawsuit is an argument over how much the federal government can twist the wording of the Constitution so as to transfer even more power from the people to itself. It is about drawing a line on the bounds of the federal authority. Ultimately, it is about liberty itself.

Providing health care for all citizens is a laudable and worthy goal, but conceding our very freedom and the freedom of future generations to achieve that goal is a dangerous and inequitable exchange.

Ken Cuccinelli

Attorney General of Virginia

Richmond, Va.

Constitutional Lawyer challenges Health Care Law.

Michael Connelly, a retired attorney and Constitutional Law Instructor from Texas, has read the entire proposed healthcare bill. Read his conclusions and pass this on as you wish. This is stunning!

Well, I have done it! I have read the entire text of proposed House Bill 3200: The Affordable Health Care Choices Act of 2009. I studied it with particular emphasis from my area of expertise, constitutional law. I was frankly concerned that parts of the proposed law that were being discussed might be unconstitutional. What I found was far worse than what I had heard or expected.

To begin with, much of what has been said about the law and its implications is in fact true, despite what the Democrats and the media are saying. The law does provide for rationing of health care, particularly where senior citizens and other classes of citizens are involved, free health care for illegal immigrants, free abortion services, and probably forced participation in abortions by members of the medical profession.

The Bill will also eventually force private insurance companies out of business, and put everyone into a government run system. All decisions about personal health care will ultimately be made by federal bureaucrats, and most of them will not be health care professionals. Hospital admissions, payments to physicians, and allocations of necessary medical devices will be strictly controlled by the government.

However, as scary as all of that is, it just scratches the surface. In fact, I have concluded that this legislation really has no intention of providing affordable health care choices. Instead it is a convenient cover for the most massive transfer of power to the Executive Branch of government that has ever occurred, or even been contemplated If this law or a similar one is adopted, major portions of the Constitution of the United States will effectively have been destroyed.

The first thing to go will be the masterfully crafted balance of power between the Executive, Legislative, and Judicial branches of the U.S. Government. The Congress will be transferring to the Obama Administration authority in a number of different areas over the lives of the American people, and the businesses they own.

The irony is that the Congress doesn't have any authority to legislate in most of those areas to begin with! I defy anyone to read the text of the U.S. Constitution and find any authority granted to the members of Congress to regulate health care.

This legislation also provides for access, by the appointees of the Obama administration, of all of your personal healthcare information, your personal financial information, and the information of your employer, physician, and hospital, all of which are direct violations of the specific provisions of the 4th Amendment to the Constitution. All of this is a protection against unreasonable searches and seizures. You can also forget about the right to privacy. That will have been legislated into oblivion regardless of what the 3rd and 4th Amendments may provide...

If you decide not to have healthcare insurance, or if you have private insurance that is not deemed acceptable to the Health Choices Administrator appointed by Obama, there will be a tax imposed on you. It is called a tax instead of a fine because of the intent to avoid application of the due process clause of the 5th Amendment. However, that doesn't work because since there is nothing in the law that allows you to contest or appeal the imposition of the tax, it is definitely depriving someone of property without the due process of law.

So, there are three of those pesky amendments that the far left hate so much, out of the original ten in the Bill of Rights, that are effectively nullified by this law It doesn't stop there though.

The 9th Amendment provides: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people;

The 10th Amendment states: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are preserved to the States respectively, or to the people. Under the provisions of this piece of Congressional handiwork neither the people nor the states are going to have any rights or powers at all in many areas that once were theirs to control.

I could write many more pages about this legislation, but I think you get the idea.

This is not about health care; it is about seizing power and limiting rights... Article 6 of the Constitution requires the members of both houses of Congress to "be bound by oath or affirmation to support the Constitution." If I was a member of Congress I would not be able to vote for this legislation or anything like it, without feeling I was violating that sacred oath or affirmation. If I voted for it anyway, I would hope the American people would hold me accountable.

For those who might doubt the nature of this threat, I suggest they consult the source, the US Constitution, and Bill of Rights. There you can see exactly what we are about to have taken from us.

Doctors Sue to Overturn the Health Care Bill

March 29th, 2010

The Association of American Physicians and Surgeons (AAPS) became the first medical society to sue to overturn the newly enacted health care bill, the Patient Protection and Affordable Care Act (PPACA). AAPS sued Friday in the U.S. District Court for the District of Columbia (AAPS v. Sebelius et al.).

“If the PPACA goes unchallenged, then it spells the end of freedom in medicine as we know it,” observed Jane Orient, M.D., the Executive Director of AAPS. “Courts should not allow this massive intrusion into the practice of medicine and the rights of patients.”

“There will be a dire shortage of physicians if the PPACA becomes effective and is not overturned by the courts.”

The PPACA requires most Americans to buy government-approved insurance starting in 2014, or face stiff penalties. Insurance company executives will be enriched by this requirement, but it violates the Fifth Amendment protection against the government forcing one person to pay cash to another. AAPS is the first to assert this important constitutional claim.

The PPACA also violates the Tenth Amendment, the Commerce Clause, and the provisions authorizing taxation. The Taxing and Spending power cannot be invoked, as the premiums go to private insurance companies. The traditional sovereignty of the States over the practice of medicine is destroyed by the PPACA.

AAPS notes that in scoring the proposal the Congressional Budget Office (CBO) was bound by assumptions imposed by Congress, including the ability to “save” $500 billion in Medicare, and to redirect $50 billion from Social Security. HHS Secretary Sebelius stated that PPACA would reduce the federal deficit, knowing the opposite to be true if these assumptions are unrealistic.

AAPS asks the Court to enjoin the government from promulgating or enforcing insurance mandates and require HHS Secretary Kathleen Sebelius and Social Security Commissioner Michael Astrue to provide the Court with an accounting of Medicare and Social Security solvency.

Congress recognized that PPACA cannot be funded without the insurance mandates, and will become unenforceable without them.

Court action is necessary “to preserve individual liberty” and “to prevent PPACA from bankrupting the United States generally and Medicare and Social Security specifically,” AAPS stated.

AAPS is a voice for patient and physician independence since 1943. The complaint and more information about the suit are posted on their site.

Dangerous Precedent.

The Health Care Reform bill signed into law by President Obama sets a dangerous precedent for our country and the federal government’s ability to impact our personal lives. The laws of this country will soon require those who don’t have health insurance, or what Congress doesn’t approve as adequate health insurance, to obtain it or pay a ridiculous fine. This bill opens a Pandora’s Box on our freedom for personal decision. The very idea of paying a fine for not purchasing a product or service is ludicrous.

Next, Congressional Democrats plan to pass a Cap and Trade bill that will impact our ability to heat our homes, in the name of saving our planet. What’s next? Identity Theft is becoming an epidemic in this country, is it then the duty of our Congress to mandate us to purchase Identity Theft Protection? How about Life Insurance, the cost of a funeral is sky rocketing and more people are dying with unpaid debt than ever before. How about Short Term Disability Insurance, Long Term Disability Insurance, we could go on and on. The fact of the matter is these decisions should be our own to make.

The Constitution of the United States was written to safe guard the Natural Rights of the People and guarantee our free will, whether to our detriment or not. Congress has, over time, eroded our ability to make our own decisions. Are we, as a citizenry, ready for what liberties are eroded by the precedent set by this mandate? Are we going to really allow Congress and the federal government to continue to erode our liberties so quickly? Senator Paul Laxalt once said, “Every time Congress meets, we lose a little more of our liberty.”

Del. Matt Lohr to Leave Office in May!

The Daily News Record is reporting that Del. Matt Lohr (R-Harrisonburg) will be leaving office to take up the post of Virginia Department of Agriculture and Consumer Services on May 1st. Harrisonburg has a special election on their hands now. Congratulations, Mr. Lohr. Here is to Harrisonburg electing a Conservative.

Tea Party Movement, Keep Options Open

Today in the Wall Street Journal, Karl Rove has advice for the Tea Party Movement and its members. He advises them not to become a part of a political party. He states that the Tea Party Movement has more power as an individual entity pushing for Fiscal Responsibility, Conservation of Constitutional Principles, and Limited Government. He states that the Tea Party Movement fractioned group is good because it doesn't unite the movement under one leader and their agenda, but rather focuses on the People and their local and national issues.

Karl Rove goes on to warn the Tea Party Movement that the secular media is now taking them seriously and to guard against extremism. He warns against those who wish to take up arms against the government, he warns against those that pursue the agenda of the "Birthers", and against those who believe that 9/11 was organized by the American Government. These entities will only serve to harm the Tea Party Movement, Rove warns.

I believe this is all sound advice. The Tea Party Movement, comprising mostly of the groups Tea Party Patriots, Freedom Works, and American's for Prosperity, is a great thing, they put out the call when we see a good candidate for public office and help to shine the light on that person and gain them support. On the other hand when we see a representative or politician being dishonest, wasteful, wavering away from our founding principles, or corrupt, they can shine the light on them and push for a replacement. This pressure needs to be maintained on both parties and the Tea Party Movement is a perfect vehicle for it.

Lastly, Rove advices Tea Party members to keep their focus on policy and principle and not on political squabbles, explaining that their base would be more broad and welcoming to the American People. Great Article.

Virginia Sen. Emmett Hanger wants new Virginia Business Tax.

Virginia Senator Emmett Hanger, R-Augusta, wants a new internet sales tax in the Commonwealth. Currently, internet purchases are not subject to a state sales tax, part of the attraction for online buying. Now, Senator Hanger wants to change that, according to the Richmond Times Dispatch. His bill passed the Virginia Senate on Wednesday and now heads to the House of Delegates where it faces a tough battle.

It should be noted that there are many small business here in Virginia that operate inside of a residential place and sell goods online, this new tax would cause an increase in price for their product and cause sales to go drop. These "online" businesses don't drain public resources.

This doesn't seem like the best time to be imposing a new tax that hurts Virginia business. I will be looking to the Governor to veto this if it passes the General Assembly. I am surprised at Senator Hanger for this putting forward this bill. I hope it doesn't pass, we need the business.

Augusta's Inflated Real Estate Assessments are Hurting School Budget.

In the NewsLeader today schools here in Augusta could see additional budget cuts. Augusta County Schools Superintendent, Gary McQuain, says the ailing Augusta County School budget could see an additional $699,000 cut. How does this happen? Well, the Commonwealth of Virginia doles out money to the 134 school districts based on need.

The need is calculated using a number of different values including; Daily average attendance, REAL ESTATE VALUES, student enrollment, and retail sales tax. Two of these values have seen a dramatic change recently. Retail sales have dropped, but they have dropped across most of the commonwealth causing only small differences when compared to other areas.

The real deal here is that Real Estate Values have soared, at least on paper. If you remember back, last year, there was a huge public outcry about the High Real Estate Assessments here in Augusta. Over 10,500 people signed petitions saying the assessments were wrong. More than 1,000 people showed up at the Augusta County Government Center at a Board of Supervisors meeting to tell the Board that the assessments were mistaken as to the true value of their home and land. The Board of Supervisors paid no attention to the public outcry and allowed the assessments to remain. The Board of Supervisors did lower the tax rate on the assessments, thinking that would solve the problem, but their shortsightedness about this issue and the ripple effect that the assessments would have may now mean costly cuts for Augusta County Schools in terms of layoffs and possible furloughs.

All the sudden, at least on paper, Augusta county looks like a rich school district in the eyes of Richmond, no longer in need of as much state money to help with the local school budget. Therefore, seeing that the commonwealth's budget has a $4 Billion gap, the money, that the Augusta County Schools had anticipated it would get from Richmond, may not materialize.

I-81 and the Rail Road.

In todays News Virginian is an interesting story, something other than about snow. It covers a $75,000 Virginia government funded study and report about the feasibility of rail being the answer to truck congestion on interstate 81, a main artery between the lower and upper halves of the eastern seaboard. The report centers around and endorses the Crescent Corridor project, which is a rail line that was started in 2008 and scheduled to be completed in 2012 and creates a connection between New Orleans and Memphis, Tennessee with New Jersey. Currently, Virginia sees a lot of traffic on I-81 as freight is carried between these destinations. The report suggests that the Corridor project could cut about 13%-14% of the trucks off of I-81.

The trucks and congestion on I-81 have been an issue for many years, and this problem continues to grow. The amount of trucks and individual motorists on the popular highway is increasing beyond the rates previously predicted.

This rail project would individually impact us here in Augusta, Waynesboro, and Staunton because our area is a favorite stop for these trucks, and when they stop, they spend their money. Therefore, this issue has two sides. One, the safety of decreased traffic on I-81 and the loss of outside revenue from the trucks. Something to think about.

Gibbs pulls a funny!

For the first time ever, White House Communications Director Robert Gibbs does something funny. This made me laugh see the video here. He is mocking former Gov. Sarah Palin for having some notes written on her hand. I don't really think this is a big deal for Palin, but of course the Democrats never let a good gaff alone. Anyway, this was funny. I would recommend the president replace his teleprompter with this idea. His poll numbers might go up. Of course, if the president tried to do this he would run out of hand space for all of his talk.

Former VA. Gov. Doug Wilder has Ax in Hand.

In the Richmond Times Dispatch, Former Virginia Democrat Governor Doug Wilder has strong warnings and recommendations for President Barack Obama. Wilder tells Obama to get tough and start leading or else face a one term presidency. He says that starts with replacing a lot of his White House and Executive Staff. Wilder explains that it takes certain people with certain skills to help get you elected and quite another to govern.

Wilder goes on to slap the Democrat Party with the reality of recent elections and current poll numbers. He tells the president that former Virginia Governor, Tim Kaine, has to go as the Democrat National Committee Chairman. He goes on to tell Obama that he " has enough to worry about and defend without this detracting sideshow..." Wilder writes in Politico.

Wilder goes on and even seems to be ready to sign on to the Tea Party Movement by slamming Gov. Tim Kaine on his proposals in Virginia, notably to raise the state income tax rate and for the proposed extradition of a murdering criminal back to Germany where he could have been paroled in as little as two years. Wilder has grave concerns for the Presidents ability to lead, warnings for the Democrat Party, and questions whether the current administration really knows how to "listen to the people."

I don't think Governor Wilder is going to get a White House Christmas Card this year.

Snow, Snow, and More Snow!

Okay, here are the pictures of the snow around my house. Sure is great to have a new friend with a plow!

Virginia has All Hands on Deck for Snow.

In this mornings News Virginian is a run down and review of the preparation for the largest snow storm in decades. One very interesting detail, mail is planned to be delivered even if the snow is two feet deep! Reminds me of the United States Postal Service un-official Creed inscribed on the Post Office in New York City, "Neither Snow nor Rain nor Heat nor Gloom of Night stays these Couriers from the Swift completion of their Appointed Rounds" A great story for a Snow Day.

Obama puts Health Care in the Backseat.

Today in the Richmond Times Dispatch, President Obama is reported to be putting Health Care on the back burner and focusing on the economy and jobs, he stated at a Democrat event. The president says he would like to see the Republicans, Democrats, and other experts sit down to work on the bills. Sen. Mitch McConnell, Senate Minority Leader, has stated that is exactly what he has been after and awaits the White House invitation. No invitation has yet been offered to Republicans. Most likely, that invitation will never materialize.

We must be vigilant that Health Care doesn't sneak in under the radar.

Pro-Choice/Pro-Abortion license plate in Virginia!

According to the Richmond Times Dispatch this morning, Planned Parenthood has been successful in having a Pro-Choice Specialty Licence Plate which reads, "Trust Women/Respect Choice," introduced to the General Assembly. Sen. Janet D. Howell, D. Fairfax has proposed the legislation for the specialty plate out of, what she calls it, fairness. Last year, Pro-Life advocates were successful in obtaining the "Choice Life" licence plate. Sen Howell explains that this specialty plate is just voicing the other perspective.

I just don't understand this. Why would we as a Commonwealth want Pro-Abortion advertised on our licence plates, might as well say, "Virginia is For Lovers, Just not Babies." Sen. Howell has crossed the line with this legislation, especially since part of the proceeds of the plate go to Planned Parenthood. The spokes person for Planned Parenthood states that the funds wouldn't go directly to pay for abortions. Like that is supposed to make it all feel better? It is well known that Planned Parenthood fully supports abortion.

I will be keeping especially sharp watch on my representatives in the General Assembly on this one. God willing Sen. Hanger doesn't vote for this horrible license plate. I also want to put out a call to all those Conservatives in Fairfax, Virginia. Now is your time, Dig Deep and replace Sen. Howell in the Virginia Senate. I will be more than happy to send you money and volunteer my time.