Tag Archives: Health care

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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Non-Negotiable Duties of the Patriot

framersThese Are Not Negotiable

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These Are Not Negotiable
by Chuck Baldwin
October 13, 2009

In the Declaration of Independence, Thomas Jefferson wrote, “Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. Such has been the patient sufferance of these Colonies.”

I would argue that we, like our patriot forebears, have also endured “patient sufferance.” For at least a half-century, we have patiently endured the erosion and abridgment of our freedoms and liberties. We have watched the federal government become an overbearing and meddlesome Nanny State that pokes its nose and sticks its fingers in virtually everything we do. We cannot drive a car, buy a gun, or even flush a toilet without Big Brother’s permission. We are taxed, regulated, and snooped-on from the time we are born to the day we die. And then after we are dead, we are taxed again.

In the same way that Jefferson and Company patiently suffered up until that shot was fired that was heard around the world, we who love freedom today are likewise patiently suffering “a long train of abuses and usurpations.” In fact, I would even dare say that these States United have become a boiling caldron of justifiable frustration and even anger.

Accordingly, it is incumbent upon us to very seriously and thoughtfully examine those principles that we absolutely will never cede or surrender. We have already surrendered much of the freedom that was bequeathed to us by our forefathers. We are now to the point that we must define those principles that form our “line in the sand” and that we will not surrender under any circumstance. Either that, or we must admit to ourselves that there is nothing–no principle, no freedom, no matter how sacred–that we will not surrender to Big Government.

Here, then, are those principles that, to me, must never be surrendered. To surrender these liberties to Big Government would mean to commit idolatry. It would be sacrilege. It would reduce us to slavery. It would destroy our humanity. To surrender these freedoms would mean “absolute Despotism” and would provide moral justification to the proposition that such tyranny be “thrown off.”

*The Right to Keep and Bear Arms.

Men without guns are not free men; they are slaves. Men without guns are not citizens; they are subjects. Men without guns have lost the right of self-defense. They have lost the power to defend their families and protect their properties. Men without guns are reduced to the animal kingdom, becoming prey to the Machiavellians among them who would kill them for sport or for their own personal pursuits. As King Jesus plainly ordered, “He that hath no sword, let him sell his garment, and buy one.” (Luke 22:36) This we will do–at all costs.

*The Right to Own Private Property

Like the right of self-defense, the private ownership of property is a God-given right that is rooted in the Sacred Text. As God told Moses, “Thou shalt not remove thy neighbour’s landmark, which they of old time have set in thine inheritance, which thou shalt inherit in the land that the LORD thy God giveth thee to possess it.” (Deut. 19:14)

In fact, the history of Western Civilization is replete with the examples of free men who were determined (even at the cost of their very lives) to defend the right to own property. Without private property rights, men are reduced to serfs and servants. Like chattel, they feed themselves by another’s leave. This we will not do.

*The Right to Train and Educate Our Children

Education has never been the responsibility of the State. From time immemorial, education has been the right and responsibility of the family. This, too, has its foundation in the Sacred Volume. “And, ye fathers, provoke not your children to wrath: but bring them up in the nurture and admonition of the Lord.” (Eph. 6:4)

Therefore, the absolute right of homeshooling or private/parochial/Christian schooling must never be surrendered. Homeschooling, especially, is fundamental to freedom. It is not a coincidence that throughout history, most totalitarian governments forbade parents homeschooling their children. Any government–federal, State, or local–that forbids, or even restricts, the right of parents to homeschool their children has taken upon itself the uniform of a tyrant.

*The Freedom of Speech and Worship

Speech and worship are matters of the heart and conscience (Luke 6:45; John 4:24). Only tyrants seek authority over matters of the heart. But, of course, that is what tyrants do: they seek to control men’s thoughts and beliefs.

Hence, the alternative media is essential to liberty: the Internet, short wave radio, as well as independent magazines and periodicals. It is almost superfluous to say that there is no such thing as a free and independent press among the mainstream news media today. In fact, the major media more resembles a propaganda machine than it does a free press.

The same can be said for most of the mainstream churches in America today. They more resemble havens for politically correct, Big-Government ideology than they do bastions of Bible truth. Therefore, home-churches and non-establishment churches are increasingly requisite to a free people.

*The Right to Determine One’s Own Healthcare

The marriage of Big Government and Big Medicine has created a healthcare monster. Already, the dispensing of medical treatment is micromanaged by Big Brother in a way that has resulted in skyrocketing costs and inferior care (and in some cases, even death). President Obama’s universal health care initiatives that are sure to come (in one form or another) will only exacerbate an already untenable situation.

Free men and women absolutely have the right to refuse vaccinations for themselves and their children. Forced vaccinations (of any kind) are an assault against the very foundation of freedom. Free men have the right to choose their own physicians, their own hospitals, their own insurance programs, etc. They also have the right to refuse any and all of the above.

God is Creator. He is also Healer (Exodus 15:26). Therefore, how men choose to seek God’s healing is a private matter between them and God. Alternative medicine is a right. Already, our military personnel are used as human guinea pigs to test a variety of drugs and chemicals. Public schools also require forced vaccinations. And now the push is on to force the general population to take the Swine Flu vaccine. At the current pace, it won’t be long until all alternative medicines and treatments will be illegal and the federal government will be America’s doctor. This is not acceptable.

*The Right to Life

2000 years of Western Civilization have perpetually reconfirmed that life is a gift of God. Both Biblical and American history repeatedly honor God as the Source and Sustainer of man’s existence. Therefore, evils such as abortion, infanticide, and euthanasia must be vehemently resisted. It is bad enough that any government (especially one such as ours) would legalize abortion, but the concept of FORCED abortion, infanticide, or euthanasia could only be regarded as a despotic attack on life and liberty of the gravest proportion. In fact, under Natural Law, such an attack would remove said government from the protection of Heaven and would place it in a state of war.

*The Right to Live as a Free and Independent People

God separated the Nations (Genesis 11). Therefore, it is absolutely necessary that we Americans maintain our independence and national sovereignty. We simply cannot (and will not) allow ourselves to become part of any hemispheric or global union.

There they are: seven freedom-principles that are not negotiable. As Jefferson said, we are “disposed to suffer, while evils are sufferable.” But cross these lines and free men must do what free men must do: “throw off such Government, and to provide new Guards for their future security.”

*If you appreciate this column and want to help me distribute these editorial opinions to an ever-growing audience, donations may now be made by credit card, check, or Money Order. Use this link:

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Obama’s Orwellian Health Care Reform

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Obama’s Orwellian Health Care Reform
Written by Steven Yates
29 July 2009

President Obama promised the country healthcare reform. With the number of uninsured or underinsured Americans now exceeding 45 million, the country’s mood appears ready to accept his plans. In fact, he has continued to make any number of promises regarding health care reform, e.g., that under “his” plan you’d be able to choose your primary care physician, or through your employer, the insurance plan that best fits your needs. Now, however, as we read the fine print of the two 2,000-plus page bills currently before each of the two branches of Congress, evidence is emerging that “Obama care” would make George Orwell spin in his grave.

Our current health care system is far from perfect, but does afford consumers a range of choices such as those mentioned above. These choices would disappear in the long run under “Obama-care.” The present plan under consideration amounts to a federal takeover of the entire health care industry in America. Under it, you would lose many more freedoms than you would gain.

Fortune at CNNMoney.com recently took us on an excursion through the fine print of “Obama-care.” Their conclusion is that you would lose five specific freedoms under the plans currently being considered by Congress:

(1) You would lose the freedom to choose what is in your plan. The bills before both houses would require you to purchase insurance through “qualified” (by government) plans offered by health care “exchanges” to be set up in every state. The federal government would impose a minimum list of benefits each plan must offer. Many states already have such a list in place, and such policies have driven up health-care costs. The bills before Congress would allow the Department of Health and Human Services to add to the list of required benefits based on new recommendations from a panel of “experts,” meaning that the costs to Americans could be ratcheted up after a final version of “Obama care” is signed into law.
(2) You would lose rewards gained for not smoking or otherwise pursuing healthy lifestyle options as an individual. “Community rating” (already existing in 11 states) requires all patients to pay the same rates for their level of coverage regardless of age or medical condition. Younger and healthier people are forced to pay more than their actual cost, while older workers who can afford to pay more are afforded discounts. Under “Obama-care” this system would be federalized. Moreover, the bill specifically bars rewarding people who pursue healthy lifestyles such as participating in worksite exercise programs as being no different then barring insurance companies from charging higher premiums for customers with known health conditions such as diabetes.
(3) You would no longer be able to chose high-deductible coverage to lower your rates. Hundreds of employers offer employees Health Savings Account plans. Employees can deposit portions of their paychecks into the account with matching contributions from their employers. The employees can use their deposits to purchase a high-deductible plan for major medical costs (e.g., over $12,000) while also using the fund to pay for routine doctor’s appointments. HSAs prompt cost-consciousness. The bills before Congress endanger consumer cost-conscious health care. The required minimum packages would prevent patients from choosing plans covering only major medical expenses. Again, the federal government could set low deductibles that would eliminate HSAs after the bills are signed into law, according to John Goodman of the National Center for Policy Analysis.
(4) President Obama has insisted that under “Obama-care” you would have the freedom to keep your present plan. Those who have closely read the bills before Congress contend that over the long run the reality would be otherwise. The legislation divides the insured into two main groups—employees covered by the Employee Retirement Security Act of 1974 (ERISA) as part of their benefits packages from their employers, and those not covered by ERISA but who have private insurance or through small businesses. The former may indeed “keep” their existing plans, but only because they have been “grandfathered” for five years. Afterward their employers would have to offer government-approved plans through the “exchanges” with all their rules and restrictions noted above, and below. The legislation would require all insurers offering plans to the second group to offer the government-approved plans. Employees who purchased their plans before the law goes into effect could again “keep” them, but with a major restriction: if their plan changes in any way, e.g., through switching coverage for a drug, the employee would be forced to drop out and seek coverage through the “exchange.” Millions of employees would lose their freedom to keep their existing health care plans within the first year. (You would not, it should go without saying, be allowed to choose to be uninsured under “Obama care.”)
(5) President Obama has maintained that under “Obama-care” you would retain the freedom to choose your own doctor. The Senate version of the bill requires that Americans buying health insurance through “exchanges” must obtain care through what it calls “medical home”—the Obama-care equivalent of an HMO. You would be assigned (not allowed to choose) a doctor, and that doctor would control your access to specialists if needed. Health care gatekeepers would guide patients to tests and treatments that have proven cost-effective. The danger here is obvious: patients could be denied necessary care if it couldn’t be shown to be cost-effective.

The present system has its faults. Some of us are wondering if the coupling of health care benefits to employment, a practice dating back to the 1930s, was a good idea to begin with. Our problem in a nutshell has long been that we Americans have wanted quality health care but have not wanted to pay for it, and have instituted mechanisms of avoiding paying for it. Consequently the system has delivered services at below-market-value rates. Moreover, the offering of health care services at below-market rates has failed to encourage healthy behavior within the population. Basic economics dictates that the costs have to be made up somewhere, and the consequences of offering health care services at below-market rates has been the explosion of costs we have seen recently—along with many employers no longer offering health care benefits to their workers.

What are we to conclude from this excursion? Perhaps that in true Orwellian fashion, Obama has said one thing while the massive proposal for health care reform will actually do something quite different — possibly moving us closer to the sort of society in which the elderly and others not contributing directly to the economic system would technically be part of the health care system but be denied crucial medications or procedures not deemed “cost-effective” — euthanasia without its name, in other words.

What can we do? First, we must go back to basics and realize that health care choices are decisions that stem from an individual’s basic and unalienable rights to life and liberty. As such health care decisions and expenditures should be made by individuals of their own free will. That won’t be the case under the Obama plan.

Steven Yates earned his Ph.D. in philosophy in 1987. He is the author of one book, Civil Wrongs: What Went Wrong With Affirmative Action (San Francisco: ICS Press, 1994) and numerous articles both in academic journals and elsewhere. He has taught philosophy at Clemson University, Auburn University, Wofford College, the University of South Carolina, Southern Wesleyan University–Columbia, and Midlands Technical College, and has held fellowships with or worked on projects with the Institute for Humane Studies, the Heritage Foundation, the Heartland Institute, and the Acton Institute for Religion and Liberty.

Author of this article: Steven Yates
Show Other Articles Of This Author

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* Supreme Court Pick: Sonia Sotomayor (26 May 2009)
* New Restrictions on Credit Card Industry (22 May 2009)

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