Was the vote on Obamacare Constitutional?

091221 at 1:31 pm Leave a comment

-from dancingczars

Senators don’t have the legal right to vote YES on Obamacare because its unconstitutional- see hard evidence in my constructive notice, below. I just served this on both my Senators from The State of CA, by certified mail, to have standing to petition them for redress of grievances if they ignore said petition. You can easily do the same by going to your state constitute, copying  and pasting Article I and serve it to your senators.

These people have recently demonstrated without a doubt their cluelessness and it’s well past time to bring them up to speed on the Constitution in their state.  So what’s it going to be roll over and suck your thumb and hope this magically goes away or stand up for your rights and put your Senators under notice that they

have violated their oath to defend and protect the Constitution of their state and that of the U.S.A. Random thoughts while observing the passing parade, J.C.

http://www.leginfo.ca.gov/const-toc.html

CONSTRUCTIVE NOTICE OF INSTRUCTION

STATE CONSTITUTION (EXCERPT) CONSTITUTION OF CALIFORNIA

CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS

SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

CALIFORNIA CONSTITUTION

ARTICLE 1 DECLARATION OF RIGHTS

SEC. 2. (a) Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press.
(b) A publisher, editor, reporter, or other person connected with or employed upon a newspaper, magazine, or other periodical publication, or by a press association or wire service, or any person who has been so connected or employed, shall not be adjudged in contempt by a judicial, legislative, or administrative body, or any other body having the power to issue subpoenas, for refusing to disclose the source of any information procured while so connected or employed for publication in a newspaper, magazine or other periodical publication, or for refusing to disclose any unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public. Nor shall a radio or television news reporter or other person connected with or employed by a radio or television station, or any person who has been so connected or employed, be so adjudged in contempt for refusing to disclose the source of any information procured while so connected or employed for news or news commentary purposes on radio or television, or for refusing to disclose any unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public. As used in this subdivision, “unpublished information” includes information not disseminated to the public by the person from whom disclosure is sought, whether or not related information has been disseminated and includes, but is not limited to, all notes, outtakes, photographs, tapes or other data of whatever sort not itself disseminated to the public through a medium of communication, whether or not published information based upon or related to such material has been disseminated.

CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS

SEC. 3. (a) The people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good.
(b) (1) The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.
(2) A statute, court rule, or other authority, including those in effect on the effective date of this subdivision, shall be broadly construed if it furthers the people’s right of access, and narrowly construed if it limits the right of access. A statute, court rule, or other authority adopted after the effective date of this subdivision that limits the right of access shall be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
(3) Nothing in this subdivision supersedes or modifies the right of privacy guaranteed by Section 1 or affects the construction of any statute, court rule, or other authority to the extent that it protects that right to privacy, including any statutory procedures governing discovery or disclosure of information concerning the official performance or professional qualifications of a peace officer.
(4) Nothing in this subdivision supersedes or modifies any provision of this Constitution, including the guarantees that a person may not be deprived of life, liberty, or property without due process of law, or denied equal protection of the laws, as provided in Section 7.
(5) This subdivision does not repeal or nullify, expressly or by implication, any constitutional or statutory exception to the right of access to public records or meetings of public bodies that is in effect on the effective date of this subdivision, including, but not limited to, any statute protecting the confidentiality of law enforcement and prosecution records.
(6) Nothing in this subdivision repeals, nullifies, supersedes, or modifies protections for the confidentiality of proceedings and records of the Legislature, the Members of the Legislature, and its employees, committees, and caucuses provided by Section 7 of Article IV, state law, or legislative rules adopted in furtherance of those provisions; nor does it affect the scope of permitted discovery in judicial or administrative proceedings regarding deliberations of the Legislature, the Members of the Legislature, and its employees, committees, and caucuses.

J.C. wrote to his Senators:

TO: Senators Boxer and Feinstein
Via: Registered Letter

Dear Senators:

You have just met to vote on your parties Illegal and Unconstitutional Health Care Reform Act on Monday at 1 am.

I am putting you on CONSTRUCTIVE NOTICE OF INSTRUCTION that you do not have any LEGAL CONSTITUTIONAL authority to vote yes on this issue. Therefore, your vote 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 (caselaw.lp.findlaw.com…), 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 (caselaw.lp.findlaw.com…), 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. Ashcroff (openjurist.org…), 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 (supreme.justia.com…), 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 (supreme.justia.com…), 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 cumulativepenalties 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)

THE UNITED STATES CONSTITUTION

Article. IV.

Section. 3.

Clause 2: The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

For Health Freedom, John C. Hammell, President International Advocates for Health Freedom 556 Boundary Bay Road Point Roberts, WA 98281-8702 USA http://www.iahf.com… jham@iahf.com 800-333-2553 N.America 360-945-0352 World
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Makes a lot of since to me folks. What do you think? -J.C.

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Entry filed under: Incompetence, obamacare. Tags: , , , , , .

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