The Health Care Bill and Abortion; Neither Are Constitutional

By RJ Harris,

U.S. Congressional Candidate Oklahoma 4th District


The Health Care Bill and Abortion; Neither Are Constitutional

How is it possible for the Senate to be debating federal funding of abortion in the Health Care Bill when neither are constitutional in the first place?

Heath Care is an individual welfare and as such the federal government has no business attempting to provide it or dictating to our states how to provide it. Article I Sec 8 of the Constitution allows the Congress to provide for the general welfare “of the United States.” Herein the United States is referred to as an entity unto itself which excludes the notion of welfare as the greater good for the most individuals. Individual welfare is never mentioned in the Constitution and the Congress has no power to provide it. However, the Tenth Amendment reserves all powers not explicitly given to Congress to the states. Thus, the states may provide socialized health care, if their citizens allow them, but the federal Congress cannot. The only way Congress could and should address problems in the health care market is to ensure that trade barriers to the health insurance market, erected between the states, are removed in accordance with the commerce clause.

According to the 5th and 14th Amendments, life, liberty or property can only be infringed after due process and equal protection under the law have been provided. Equal protection requires that the unborn have the same protection as the born. The born cannot have their lives infringed without having first committed a capital crime. Thus, the unborn, since they are incapable of committing a capital crime, may not have their lives infringed either. Moreover, since it is impossible for the unborn to have notice or an opportunity to be heard, there can be no process equal to the constitutional requirement of due process.

Of course those that want to continue killing children in the name of convenience will immediately argue that unborn children are not persons. According to the European slave traders, the Africans they sold were not people either. According to the plantation owners in the Caribbean and the Americas, their slaves were not people either. According to the Taney Supreme Court of 1857, Dred Scott, a slave suing for his freedom, was not a person either. According to Hitler, the Jews were not people either. According to the Hutus, the Tutsis were not people either. According to the Janjaweed Militia the Darfurian Civilians were not people either. Challenging the personhood of a human life IS the losing argument. If a human embryo was found on Mars in a stasis jar would NASA report the finding of mere life…or would NASA report the finding of HUMAN life?

The answer to the original question above is that we currently have a Congress that is abrogating its duty to read, protect and defend the four page document that explains all of this either because they are ignorant of the Constitution’s contents or because they place the implementation of their progressive social agenda above the fundamental and inalienable rights of the We the People. In either case, the People can and should remedy this problem in 2010.

About RJ Harris:

RJ Harris is a currently serving nineteen-year Oklahoma Army National Guard Officer, two-time Iraq War Veteran and U.S. Congressional Candidate for Oklahoma’s 4th Congressional District. He is a University of Oklahoma graduate in Philosophy and a second year law student at the University of Oklahoma College of Law. RJ is a Constitutional Conservative Republican and the first 912 Liberty Candidate in the nation. He has appeared on Fox News’ Freedom Watch twice with Judge Andrew Napolitano and been the featured guest on conservative/libertarian talk-radio programs across the country.
RJHarris2010.com

[Editor’s note: Time for incumbent Republican bailout voter Tom Cole (R CD04 Oklahoma) to get a pink slip from the voters.  Enough is enough!  Thank God for RJ Harris rising to the task in Oklahoma’s 4th congressional district.  He is one of the original 912 Candidates and a constitutional limited government standard bearer as well.  Please study his website and get involved in the campaign.  What a wonderful opportunity to help clean house in 2010!]

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Filed under Federal Reserve, Grassroots, Patriots, Politicians, Statesmen

4 responses to “The Health Care Bill and Abortion; Neither Are Constitutional

  1. Pingback: Tweets that mention The Health Care Bill and Abortion; Neither Are Constitutional « DRIP USA -- Topsy.com

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  3. CONGRESS MIGHT PASS THE HEALTH BILL WITHOUT VOTING ON IT: A STEP CLOSER TO TYRANNY

    There was a time when I wouldn’t believe that members of congress would be so out of touch with the American people that they would have to resort to underhanded tactics to thwart the will of the people.

    Well, Nancy Pelosi, the Speaker of the House of Representatives, is thinking of doing just that. Representative Louise Slaughter (D-NY) came up with what is now known as the “Slaughter Solution” or “Deem and Pass” that will let the House of Representatives deem the Senate Health Bill as passed in the House without any representative voting on it. Once they use this outrageous procedure, the house leadership can then have additional language inserted into the bill that will satisfy those House Democrats who oppose the bill in its original form.

    Meanwhile, in order for Senate Democrats to be able to use the Reconciliation procedure – a procedure that circumvents the 60 votes needed to overcome a filibuster – the House must pass the Senate Bill ‘as is’, with the exact same wording, before changes can be made. However, the Democratic leadership in the House doesn’t have enough votes to do that and one of the biggest reasons is that the Senate Bill has a provision that allows for taxpayer funded abortions.

    I believe that the Slaughter Solution is not only dishonest and smacks of dirty tricks, but I also believe that it is unconstitutional as is most of the legislation that congress has passed in recent years. Article I, Section VII, Clause II of the U.S. Constitution clearly states: “…the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively…” This newly invented “Slaughter Solution” clearly does not allow this type of procedure.

    The Democratic leadership in the Senate has tried to assure the Democratic leadership in the House that if the House simply passes the bill as it is, the Senate will make changes amenable to the House after the fact. Pro-life House members, led by Bart Stupak (D-MI) are balking at this assurance and pointed to the hundreds of House bills that are currently still wallowing in the Senate. He also wants to see the changes in writing as he doesn’t trust his own party’s leaders.

    If the Democratic leaderhip in the Senate imposes the ‘Reconciliation Rule’ to pass this bill, unfortunately for them, that alone will not be enough to get the bill passed. The reconciliation procedure, also known as the ‘Byrd Rule’ named after Senator Robert Byrd, is already extremely controversial. Senator Byrd is on the record in Congress saying his rule was “Never intended” to pass this kind of legislation, so the House leadership appears ready to adopt the Slaughter Solution instead. If the Slaughter Solution is instituted, the House of Representatives will actually pass the almost $875 billion bill without the members of the House actually voting on it. This is outrageous and smacks of something we would expect from the Russian politburo or a marxist distatorship.

    Although the “Slaughter Solution” or the “deem and pass” rule has been used in the past, it has never been used to pass legislation as momentous as the $875 billion health-care bill. It is one of three options that Nancy Pelosi said she is considering for a House vote, but she added that she prefers this method because it would politically protect lawmakers who are reluctant to publicly support the measure. What an outrageous statement, particulalrly in view of constitutional requirements of Article I, Section VII, Clause II previously mentioned in this article.

    There is also a 1998 Supreme Court ruling, CLINTON v. CITY OF NEW YORK (97-1374), that said each house of Congress must approve the exact same text of a bill before it can become law. A self-executing “deem and pass” rule would sidestep that requirement, former federal appellate judge Michael McConnell said in a recent Wall Street Journal op-ed and it would be unconstitutional.

    The American people have overwhelmingly rejected this bill, but the President and the Democrat leaders in both houses of congress seem intent on using misinformation, lies, deceit, bribery and any other questionable and unconstitutional procedure to ram this socialist legislation down the throats of the American people without a public discussion of the merits. Why?

    We are fast approaching a point of no return in America. If our Marxist President and the Democratic-Socialist leadership in congress are successful in passing this Health Bill, they will be emboldened to pass other critical legislation on their agenda to bring a free America to its knees. If the Health Bill is passed, they will quickly move to pass an all-encompassing Amnesty Bill, followed by a massive Cap and Trade Bill, a National biometric ID Card Bill and then the takeover of America will be almost complete. All that will be left is for them to come for our guns.

    Let us remember that at critical points in human history, only a few generations have been given the honor and privlege of defending ‘Freedom’ in its maximum hour of danger.

    In 1776, our founders’ generation were given the honor and privlege of defending ‘Freedom’ in its maximum hour of danger, which resulted in the birth of this great nation that is still a beacon of hope to the freedom loving people of the world.

    The generations of World War I and World War II were also given the honor and privlege of defending ‘Freedom’ in its maximun house of danger.

    Today in America, we again find ourselves in a critical point in history, for ‘Freedom’ once again is in mortal danger, just as it was in 1776 and in WWI and WWII. Our generation is facing a different kind of mortal danger to our “Freedom’ because that danger is not coming from some foreign country, king, dictator or enemy combatants, but it is coming from our own federal government.

    Our Founders told us that “Governments get their just powers from the consent of the governed and whenever the government becomes destructive of these ends, it is not only the people’s Right, but it is their sacred Duty to change the government. “

    In 2010, we are now the generation that has been given the honor and privlege of defending ‘Freedom’ in its maximum hour of danger and this is our time to perform that sacred duty. We must stand up, speak up and be willing to actively resist the growing unconstitutional actions of the our federal government that puts the interests of government leaders and the oligarchy ahead of the interests of the people. By definition, this is tryanny.

    Let us act before it’s too late, not just for ourselves, but for our children and our children’s children. I pray to God that we will be successful, for the free people of the world are depending on us.

    GOD BLESS A FREE AMERICA!!!!!!

    John Wallace
    http://www.TeaPartyRep.com

  4. The American Government is killin’ me. Why doesn’t the whole population get that the health care bill will increase taxes for us all and even create new ones for us all?

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