The Destruction of the Constitution

Tuesday, March 16, 2010

by Michael Connelly

Mr. Connelly teaches law, including constitutional law, through Education to Go, an online company that provides courses to numerous universities, including the University of Hawaii system. The author of three books and publisher of a website, he resides in Carrollton, Texas, and can be reached by email.

What many Americans have feared for years may be about to come to pass. We have an out of control Congress and an arrogant, elitist President who believes it his destiny to transform the United States from a republic to a socialist system of government where individual freedoms are severely restricted. Congress is preparing to give the President and his Executive Branch of government what amounts to dictatorial powers over one-sixth of our economy and the private health care decisions of everyone who lives in the United States.

Congress is not only going to pass legislation that will severely damage the balance of power established in the Constitution by our Founding Fathers, but it is going to go about in a manner that violates Article 1, Section 7 of the Constitution. Among other things, that article provides for each law passed by both the House of Representatives and the Senate to be then sent to the President for his signature. The key word here is “passed”. It appears that there are not enough votes in the House to pass the Senate version of the health care bill so House Speaker Nancy Pelosi will continue to show her disdain for both the American people and the Constitution by ignoring Article 1, Section 7 of one of our most sacred documents and send the bill to the President for his signature without an actual vote on it in the House.

Instead she will use something being referred to as the “Slaughter Solution” named after Louise Slaughter, a member of the House from upstate New York who proposed that the idea be used to avoid a formal vote. This is also referred to as the “self executing” or “deeming” rule. The members of Congress will be allowed to vote to change the rules and authorize Pelosi to deem the Senate version of the Bill passed and send it to Obama to be signed into law. The fact that this ploy has been used in the past with other much less important legislation does not make it Constitutional. This action also allows the members of Congress to avoid another “troublesome” provision of our Constitution, Article 1, Section 5, that allows one fifth of the members of the House present to demand that the vote on any piece of legislation be recorded so the American people can know how their elected representatives voted.

The theory is that members of the House who live in districts where the majority of people oppose the health care legislation can go back to their districts and say that they did not vote for the bill. Instead, they will have just voted for a rule change. Of course, this ruse also makes the elitist assumption that “we the people” are too dumb to know that a vote to change the rules to allow the health care bill to go forward is the same as a direct vote for the legislation. By the way, if you want to read the new version of this legislation, forget it. Even though the vote to send it to Obama is scheduled to take place in just a few days, the text of the bill has not yet been made available to members of Congress or the American people.

The magnitude of this is almost incomprehensible. Nancy Pelosi and the leadership in the House of Representatives are telling us four things.

First and foremost, we are being told that members of Congress will no longer abide by the Constitution of the United States and are thereby violating their oath of office.

Second, members of Congress will no longer be representing the will of the American people who elected them but instead are representing the will of President Obama and his vision of a socialist America.

Third, members of Congress are done with allowing the American people to even participate in the process. Everything will be done in secret and your right to know what is being done to you will be ignored.

Last, but not least, members of Congress have concluded that we are not bright enough to know what is happening anyway so they think we will reelect them and be grateful for all they have done for us.

I just have this to say to President Obama, Nancy Pelosi, Harry Reid, and the other current “leaders” of our country. Over 230 years ago an English King and Parliament made similar assumptions about a group of people who called themselves Americans. Those assumptions were wrong and things did not end well for those who underestimated the passion of Americans to be a free people. If you continue on this course it will not end well for you either. To this I pledge my life, my fortune, and my sacred honor, as did my forefathers before me.

It is not too late to stop this abomination. Contact members of Congress now and tell them that you are not fooled and consider a vote for the Slaughter Solution to be a vote for the unconstitutional health care bill. You should further inform them that you consider such a vote to be a violation of their oath of office to uphold the Constitution of the United States and you will hold them accountable on Election Day.

For my part, I talked to Gary Kreep at the U.S. Justice Foundation today and we are already preparing the lawsuit that will challenge the Constitutionality of the passage of the health care bill under the “Slaughter Solution” and on other Constitutional grounds. If you want to contribute to this effort you can go to the U.S. Justice Foundation Website at: www.usjf.net. The fight to defend our freedom is not over, it is just beginning.