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Wednesday, December 08, 2010 PLAY IT AGAIN, SAM Obama vs. the 10th Amendment Exclusive: Chuck Norris asks, 'Why is federal government dealing with this issue?' Posted: March 01, 2010 1:00 am Eastern
By Chuck
Norris
As I watched the C-SPAN health-care summit charade Thursday, what
disturbed me most was not the typical partisan rancor, but why the federal
government was even dealing with this issue at all. It isn't that I'm unsympathetic to the plight of the needy. It isn't
that I don't think our health-care system needs some serious overhaul. I
just believe our founders had it right when they laid down the
constitutional laws restricting the feds from meddling into the lives of
ordinary American citizens. Not surprisingly, a brand new CNN/Opinion
Research Corporation survey released Friday revealed 56 percent of
Americans think the federal government has become so large and powerful
that it poses an immediate threat to their rights and freedoms. Particularly apropos here is the feds' health-care violation of the
10th Amendment, which is part of our Bill of Rights and was ratified on
Dec. 15, 1791: "The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the
States respectively, or to the people." Of course, the feds' rebuttal to anything that constitutionally
prohibits their agenda is: "That doesn't apply here." They are not alone.
Many today say that the 10th Amendment is irrelevant and nothing more than
an implied suggestion or general rule of practice. Often cited is United
States v. Darby (312 U.S. 100, 124 – 1941), which reads: "The
amendment states but a truism that all is retained which has not been
surrendered. There is nothing in the history of its adoption to suggest
that it was more than declaratory of the relationship between the national
and state governments as it had been established by the Constitution
before the amendment or that its purpose was other than to allay fears
that the new national government might seek to exercise powers not
granted, and that the states might not be able to exercise fully their
reserved powers. …" But I believe Thomas Jefferson would have had a word for the wise here
– and Washington, too. Just a couple years before his death on June 12,
1823, roughly 15 years after his presidency, Thomas Jefferson wrote about
constitutional interpretation to Supreme Court Justice William Johnson:
"On every question of construction, (we must) carry ourselves back to the
time when the Constitution was adopted, recollect the spirit manifested in
the debates, and instead of trying what meaning may be squeezed out of the
text, or invented against it, conform to the probable one in which it was
passed." So returning to 1791, the year the 10th Amendment was ratified, Thomas
Jefferson declared, "I consider the foundation of the Constitution as
laid on this ground: That 'all powers not delegated to the United States,
by the Constitution, nor prohibited by it to the States, are reserved to
the States or to the people' (10th Amendment). To take a single step
beyond the boundaries thus specially drawn around the powers of Congress,
is to take possession of a boundless field of power, no longer susceptible
of any definition." Of course, Jefferson's concern against an overreaching federal
government was representative of most of the framers. That is why the 10th
Amendment exists. A decade later, during his presidency in 1802, Jefferson
still shared about his earlier passion to inhibit an overreaching federal
government: "I was in Europe when the Constitution was planned, and never
saw it till after it was established. On receiving it, I wrote strongly to
Mr. Madison, urging the want of provision for ... an express reservation
to the States of all rights not specifically granted to the Union." The point is, based upon the 10th Amendment, when it comes to
legislating and controlling our health care, the federal government
doesn't have a constitutional leg to stand on. And even its past
violations of the 10th Amendment by implementing government health-care
services have proven to break more national legs than mend them. The proof
is in the pudding. How many times does it have to be pointed out to
Washington? Medicare
is going bankrupt. Medicaid is going
bankrupt. Case closed. The government is inept in running America's
health-care system. And now it wants to expand its programs (its
health-care business) to oversee what equates to one-sixth of the Gross
National Product? What rational board anywhere in the world would rightly
appoint a CEO who had a string of miserable business failures and major
corporate bankruptcies in his dossier? Thomas Jefferson simply and forthrightly declared, "Whensoever the
General Government assumes undelegated powers, its acts are
unauthoritative, void, and of no force" (Thomas Jefferson: Draft Kentucky
Resolutions, 1798. ME 17:380). "Undelegated powers" obviously refers to
those powers not granted by the Constitution. Health-care laws for all
Americans are "undelegated powers." And such acts therefore would be
"unauthoritative, void, and of no force." The feds have no more right to govern your health care than Chinese
officials. But, then again, with the feds taking over health care's
one-sixth of the GDP, and China
still reigning as the top foreign holder of U.S. Treasury securities and
debts, don't count out Chinese governance as a possible future health-care
alternative! (Column continues below) No doubt American health-care problems exist and seem to be
metastasizing on the horizon. Namely, that the number of people in the
U.S. ages 65 and older is expected to double
by 2030, and so is the amount expected to fund their retirement and
health care in their twilight years, which relatively few are prepared to
handle themselves. But does the impending increase of health-care needs infer that we
automatically turn to the federal government to solve our aging and ailing
woes? Are most of us really drinking that often from the federal trough of
Kool-Aid that "only
government" can reverse and fix America's downfall and demise? I agree with Dr. Scott W. Atlas, a senior fellow at the Hoover
Institution and a professor at Stanford University Medical Center, and
Gov. Mark Sanford of South Carolina, who put it best in their article a
few months back, "Alternatives
to government health takeover." They said this: "We think it's
critical that power shifts to the American consumer and away from
government, employers and insurers, as evidence shows medical care prices
come down when patients pay directly. Government should offer tax relief,
such as refundable tax credits, to encourage private health insurance
purchasing – especially for low-income families. Similar ideas, like those
in the Patients' Choice Act … are important for Americans to consider. We
would do well also to consider creative ideas such as changing federal
payments to state-based Medicaid plans to individual vouchers or expanding
health savings accounts, as has been done in South Carolina." Sound state-based solutions like those make sense, and simultaneously
don't violate the Constitution. In fact, they explicitly follow the 10th
Amendment. Returning the onus of solving health-care issues to families,
local communities and states would not only return a balance of power to
our federal government but help with America's economic recovery and build
up communities at the same time. The abuse of federal political power to intervene in areas such as
Americans' private health care could exist only in a nation which no
longer holds its leaders accountable to its Constitution, and a leadership
that regards itself as above its people and its Constitution. Sadly, I was
listening to an interview the other day in which President Obama
described the Constitution as "an imperfect document … a document that
reflects some deep flaws … an enormous blind spot … and that the framers
had that same blind spot." In so doing, the president established a
rationale and justification for disregarding, disavowing and disposing the
Constitution from oversight and interplay in his administration and
decisions. Even worse, he placed himself above the Constitution and those
"blind framers" who just couldn't see the big picture as he does today.
After all, he's the constitutional scholar and the framers were just,
well, the creators of the document! Our 44th president would do well to learn from America's third
president, Thomas Jefferson, himself a source greater than any living
constitutional lawyer. In fact, it would seem that Jefferson was speaking
directly to Washington today when he wrote these following words at
roughly 80 years of age in 1823 to Supreme
Court Judge William Johnson. I believe his statements could even have
served as his thoughts at Thursday's health-care summit. Imagine Jefferson sitting there, a ripe old and wise sage, in the very
middle seat between all Democrats and Republicans. He listens to all the
proceedings without uttering a word. And then right near the end, he
respectfully calls upon the president and others gathered, and politely
but sternly utters these
words: "The States supposed that by their 10th Amendment, they had
secured themselves against constructive powers. They (did not learn from
the past), nor (were) aware of the slipperiness of the eels of the law. I
ask for no straining of words against the General Government, nor yet
against the States. I believe the States can best govern our home
concerns, and the General Government our foreign ones. I wish, therefore,
to see maintained that wholesome distribution of powers established by the
Constitution for the limitation of both; and never to see all offices
transferred to Washington, where, further withdrawn from the eyes of the
people, they may more secretly be bought and sold as at market." It couldn't be any clearer than that. I would encourage you to go to the Tenth Amendment Center
and learn more about your 10th Amendment rights, and then fight for those
rights by holding all your representatives accountable to them. (For more on how to reawaken America to our founders' vision and
plans for this country, which includes entire copies of the Constitution
and Declaration of Independence, check out Chuck Norris' brand new –
January 2010 – expanded paperback version of his New York Times
best-seller, "Black
Belt Patriotism.")
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