Democrats keep saying "Obamacare is the law of the land; just accept it and stop trying to change it!"
Never mind the fact that the Democrats have already changed it, again and again, by issuing over 1200 waivers and postponements for their cronies. Even though the law doesn’t make any provision for such waivers, the Democrats issue them at the drop of a hat to the politically connected, and reject any proposal for waivers for the rest of us.
Nope, the rest of us can’t change it. They say that it is settled law, so we must accept it.
But are they being consistent? Let’s look back, and consider:
For 75 years, legal enslavement of blacks was the law of the land. Should we have just accepted that as settled law, or were we right to argue, and campaign, and eventually fight a civil war to correct the error?
For 130 years, women's suffrage was up to the states, and most didn't allow it. Should we have just accepted that fact as settled law, and rejected the suffragette movement, leaving women without a say on Election Day?
Perhaps the beauty of “settled law” is in the eyes of the beholder. Some laws are worth assailing, and others are off limits.
There are certainly areas in dispute today, in which the Right wants to hold to the tradition, and it’s the Left that calls for a reversal of traditional laws.
Marriage should be "one man and one woman," by definition... as it has been for millennia. Does the fact that this is the law of the land stop the modern Left from trying to suddenly change that fact, in state after state, even when voters defeat the attempt by referendum? They use legislatures when they can, judges when they can, executive orders when they can, to overturn the settled law of traditional marriage.
Abortion was always illegal, as it should be, until the modern Left managed to get it legalized by a radical and malicious Supreme Court majority, forty years ago, violating their oaths to imagine a nonexistent “right” in the Constitution as a basis to declare the laws of God and man invalid. Did the fact that this once-universal ban on infanticide was then the law of the land stop the Left from working for court efforts to end that ban?
Firearms rights for law-abiding sovereign citizens are recognized in the Constitution as among our most basic, sacrosanct rights. The settled law on this matter has been codified for 220 years in the Second Amendment, with language both absolute and brilliant in its clarity. Does that fact stop the modern Left from trying to change this fundamental "law of the land," day-in and day-out, in their effort to empower the criminal class and the political class at the expense of law-abiding citizens?
Our nation was founded by Judeo-Christians who recognized the fact that religious freedom – the right to practice our beliefs even if we belonged to a different denomination than our neighbors – is a key cornerstone of the structure of these United States. Does the fact that religious freedom is the law of the land stop the modern Left from trying on a daily basis to overturn it, and in fact to criminalize this freedom in their effort to create a Godless socialist state where a shining City on a Hill once stood?
The answer, of course, is NO. The modern Left works to undermine settled law all the time.
In fact, if a law is wrong, you have to work to overturn it. Only if a law is right – near-perfect as-is – should it be left alone. The very business of legislative activity is the debate over what laws should be left alone and which ones should be changed.
Now, it's a pity that the modern Left is populated by statists who disrespect the Constitution.... but that doesn't change the fact that they themselves agree that you HAVE to work to change the law if it's wrong. We differ in many, many ways over which ones are right and which ones are wrong – but we don’t differ on the principle that if a law can be improved, or if it ought to be overturned, then it is right to do so.
The issue of the day is the Affordable Care Act, commonly known as Obamacare. It has not yet really begun. The bill was illegally passed, through chicanery, corruption, and fraud; it was illegally signed and illegally upheld by a rogue majority of the Supreme Court. Eventually, it will be overturned, because it must be.
Just as slavery was eventually overturned, just as the denial of the vote to women was eventually recognized as inconsistent with the Freedom philosophy, the nationalization of healthcare operations and healthcare funding, a power grab of outrageous scope and utter unconstitutionality, must eventually be repealed as well.
In the meantime, we – the free people of this nation – must use whatever means we have at our disposal to delay, defund, and defang this ghastly law. It is a law designed to impoverish millions, to destroy whole sectors of the American public, to empower bureaucrats while directly demolishing a seventh of the American economy, and while wreaking unprecedented havoc upon the rest of it.
The program raises prices for those who can least afford it; gives government the power to decide who lives and who dies, who is cured and who suffers, who prospers and who is condemned to subsistence. This is not a law that commands allegiance and love; it is a law from which all sane folk must recoil in horror.
There is much to be done to address healthcare funding issues in this country, but the three years since “passage” of Obamacare have made the task harder every day, and will continue to do so until the error of Obamacare is undone. The process of making healthcare more affordable for more Americans, without compromising our existing healthcare system’s excellence, must BEGIN with the repeal of this destructive, malevolent law.
Are they right to call it “the settled law of the land?” No. Since nothing about its passage or implementation thus far have followed the legal framework for passage and regulatory execution, it can hardly be considered settled law at this point.
But even if it were, the very practices of the modern Left in other areas of public policy show that their decree that Obamacare be untouchable is the very essence of inconsistency. Brazen radicals who overturn settled law in every other area can hardly be respected when they plead for one failing monstrosity to be left sacrosanct, as they deconstruct our economy, our legal system, and our very way of life in every other manner.
Since October 1, millions have seen the face of nationalized healthcare, and have been horrified that this outrageous, overpriced, bureaucratic snafu factory is the law of the land. The American people have come to agree with the Republicans in Washington that it must – at minimum – be utterly overhauled before it is mandated. No other fear tactic, no other political issue, outranks our fundamental need to save this country from this wretched program.
Copyright 2013 John F. Di Leo
John F. Di Leo is a Chicago-based Customs broker and trade compliance trainer. His columns appear regularly in Illinois Review.
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