(NN&V Staff) – Adopted Oct. 19, 2013 A.D. at Independent American Party State Central Committee Meeting, Tonopah, Nevada, United States of America
We hold these truths to be self evident, that the people of the United States adopted the Bill of Rights and the to U.S. Constitution establish a nation of freedom for the individual, and created a government whose duty it was to protect its citizens’ individual liberty, and that Obamacare will destroy our liberty, therefore we adopt the following resolution:
Whereas, The United States Congress has passed into law the so-called Patient Protection and Affordable Care Act (PPACA), commonly known as Obamacare or OBC; and
Whereas, the President of the United States has signed Obamacare into law; and
Whereas, the United States Supreme Court has declared that Obamacare does not violate the US Constitution; and
Whereas, the Independent American Part of Nevada, speaking through its State Central Committee, believes and declares that Obamacare is probably the most unwise and unconstitutional law ever enacted in American History, a decent respect to the opinions of the people of Nevada and of the United States requires that we should declare the reasons which compel us to denounce Obamacare..
OBAMACARE VIOLATES THE US CONSTITUTION IN MANY WAYS, SOME OF WHICH ARE:
1. FEDERALISM AND THE TENTH AMENDMENT: Obamacare violates the principles of federalism and the 10th Amendment. Federalism was carefully crafted by the Founders in order to create a balance of power between the FG and the States. There is no power granted to the Federal Governement to regulate health insurance. That has always been left to the States. OBamacare forces the states to set up Insurance exchanges according to federal law, in a one size fits all mode. The Constitution doesn’t grant the FG the power to force the states to do anything. OBC seizes and usurps the States’ powers to regulate insurance, in violation of the 10th Amendment. The law is so sweeping in the powers it grants to the Executive branch, powers usurped from the States and from the People, that it constitutes the greatest transfer of power to the Federal Government in US history.
2. CHECKS AND BALANCES: Obamacare transfers so much power to the executive that it violates the principle of checks and balances among three co equal branches of the government. Innumerable regulations governing and enforcing OBC have already been issued and there are more to come. This is legislation by the executive. Obama has issued 293 executive orders in his 3 1/2 years in office, more than all previous presidents combined. This is a slide into tyranny. Innumerable regulations governing and enforcing OBC have already been issued and there are more to come. This is legislation by the executive.
3. COMMERCE CLAUSE: Obamacare enacts an individual mandate that every citizen of the US must buy health insurance which complies with standards enforced by the bureaucrats of the executive branch. This is revolutionary, in that no law has ever been enacted by Congress in our history which forces individuals to buy something. As concluded by the CATO institute: “The individual mandate seeks to regulate economic inactivity (failure to procure health insurance), which is the very opposite of economic activity. And because activity is required under the Commerce Clause, the individual mandate exceeds Congress’ commerce power, as it is understood, defined, and applied in the existing Supreme Court case law.
4. FOURTH AMENDMENT: The IRS is charged with enforcing OBC by adding a penalty for not complying with the individual mandate to your taxes. In order to do this, the law authorizes the FG (federal government) full access to all of your bank accounts. This is on the excuse that they must determine if we are eligible for subsidies and make sure the FG receives payment. This is a gross violation of the 4th amendment’s prohibition against unreasonable searches and seizures and of the right to be secure in their persons, houses, papers and effects. And, no warrant is required to get information from your bank account, as required by the 4th amendment.
OBC sets up a board of 15 non doctors which will decide which treatments doctors can provide to their patients for a given condition. The relationship between a patient and his or her doctor has always been protected by the doctor/patient privilege. This is gone under OBC. The federal bureaucrats will have access to all of our medical records so they can decide how you’ll be treated, how much treatment you can receive (rationing), by whom you will be treated, and when you can be treated.
5. FIFTH AND FOURTEENTH AMENDMENTS: The Fifth and Fourteenth Amendments guarantee that neither our life, our liberty, or our property can be taken by the government without due process of law. OBC provides no provision for appeal from the arbitrary decisions of bureaucrats who will be making our health care choices for us. Obamacare takes jurisdiction away from the courts to hear any appeal from decisions of the new Medicare Commission.decisions, which deprives us of due process of law.
6. THIRTEENTH AMENDMENT: The individual mandate forces us to work to have the money to buy insurance, or pay a fine. This violates the thirteenth amendment’s prohibition against involuntary servitude. This is an unprecedented intrusion upon our personal liberty.
7. RIGHT TO LIFE: The Federal Government has never been granted the power to ration health care. The fifth and fourteenth amendments prohibit the federal government and the states from depriving any persons of their life, liberty, or property without due process of law. OBC places strict restrictions on what medical care people can receive in their old age. By depriving senior citizens of needed health care, thus resulting in earlier death, OBC deprives them of their lives.
8. FIRST AMENDMENT, RIGHT TO LIFE, AND ABORTION: Obamacare violates the right to life of unborn infants by funding abortions and mandating insurance coverage for abortions.
The religious liberty of the religious entities and other non-church-related organizations covered by an entity’s health care plan is violated by a rule issued by the Department of Health and Human Services to implement the 2010 health-care law. The HHS regulation requires employers to pay for coverage of workers’ contraceptives, including drugs that can cause abortions, but does not provide an exemption for religious entities.
Citizens who oppose abortion will be required to pay premiums for insurance policies which fund abortions.
Doctors and other health care professionals who have religious objections to abortions will be forced to perform abortions.
9. SECOND AMENDMENT: OBC gives Doctors the right and duty to find out from you if you have a gun in your home. This information goes into your medical records. OBC demands that all medical records be transferred to a central database controlled by the Federal Government, no warrant required.
10. HEAD TAX: The Obamacare individual Mandate is a direct Tax which is unconstitutional under Article 1 section 9: No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. No provision for making this head tax proportional is made in the Obamacare law.
For these, and many other reasons, We the Central Committee of the Independent American Party of Nevada, do adopt this resolution in defense of our lives, our liberty, our property, our families, and our religion. We urge all state governors, all state and federal legislators, and all state and federal judges to do all in their power to repeal, nullify, and make void the so-called patient protection and affordable care act, i.e. Obamacare.
Done this 19th day of October in the Year of Our Lord 2013.