Did Obama just threaten to overturn a Supreme Court Decision?

By LUIS R. MIRANDA | THE REAL AGENDA | APRIL 3, 2012

U.S. President Barack Obama publicly challenged the Supreme Court Justices on Monday, reminding them that they are not elected officials. This action comes in light of what could be a declaration by the Supreme Court of the United States, that Obamacare is indeed unconstitutional. Last week, during the hearing sessions, defenders of the government controlled health care program were continuously grilled by conservative and liberal Justices, who defied Obama administration spokespeople to explain why should the government have the power to obligate individuals to buy a product they did not want or did not need.

On Monday, Obama said the Justices had to be very careful with their decision, and that if they declared the law unconstitutional, such decision would impact the government’s capacity to provide healthcare to a portion of the population. “The president challenged the “unelected” Supreme Court not to take the “extraordinary” and “unprecedented” step of overturning his landmark health reform law,” reports the news agency AFP. Will the “unelected” adjective be Barack Obama’s next move to save his healthcare bill which for now seems to have strong opposition among the Supreme Court Justices? Will he claim that due to the unelected nature of the Justices’ position their decision can be overturned by the president? This is not a far fetched scenario for a man who has said that he does not need Congress’ approval to send US troops to war because he has a mandate from the United Nations to carry out military strikes anywhere in the world.

“Ultimately, I am confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress,” said Obama. The U.S. president added that even Republicans rejected Supreme Court decisions that according to them were made based on activism as supposed to on objective interpretation of the laws. Obama intends to shield his healthcare law against a Court decision that may have a tight vote. Instead of focusing on whether there is a constitutional power for the president or the central federal government to mandate that citizens buy insurance, or broccoli, for that matter, Obama is trying to distract the public with his assertion that if Obamacare is thrown out, such a decision might be invalid because the Supreme Court Justices are not directly appointed by the people of the United States.Mr. Obama forgets that it is the president who decides who to recommend for a seat at the Supreme Court and that all presidents have done so in the past.

“I am pretty confident that this court will recognize its duty and not take that step,” Obama said while speaking in the Rose Garden.Mr. Obama’s comments outside the White House are seen as a warning to the Supreme Court, one of the three branches of government that Barack Obama has forcefully tried to turn into one during his first term in the highest office. Besides the fact that the Justices are not directly elected by the people, Obama also argued that there is a “human element” to his law and that this is one of the strongest reasons for the Justices to vote Yes on Obamacare. In the past, Obama has questioned and dismissed Congress’ powers and independence to carry out the people’s business and has said that he will make decisions unilaterally should Congress refuse to pass any legislation that he deems necessary. This is a surprising statement if it is taken into account that this Congress has approved laws such as the National Defense Authorization Act, that allows the president to kidnap, torture and kill any individual, American or otherwise, within the United States territory or elsewhere, if he or she is considered a suspect of aiding terrorists groups.

Many Republicans and independents who oppose Obamacare argue that the passage of this law provides the government with powers that go beyond the real conceded by the U.S. Constitution. Forcing individuals to buy a product, in this case healthcare, is an unprecedented action; perhaps even more than the Supreme Court ruling Obamacare unconstitutional or even what Obama called “judicial activism”. “It’s not that common for presidents to get into direct verbal confrontations with the Supreme Court,” said Georgetown University law professor Louis Michael Seidman to Reuters. “But it’s also not that common for the Supreme Court to threaten to override one of the president’s central legislative accomplishments.” In the meantime, Republican presidential candidate, Mitt Romney said through his spokesperson Andrea Saul, that “What was ‘unprecedented’ was the partisan process President Obama used to shove this unconstitutional bill through.” Ms. Saul added that Mitt Romney plans to repeal Obamacare if he is elected the next president of the United States.

The most challenged aspect of Obamacare is the individual mandate, which obligates people to buy healthcare from the Federal government, even if they don’t want it or don’t need it. A decision by the Supreme Court to uphold Obamacare but to throw out the individual mandate, wouldn’t be good news for Obama either. It is through the mandatory payment made by all citizens that the government will collect money to pay for the socialist leaning healthcare package. “I think the justices should understand that in the absence of an individual mandate, you cannot have a mechanism to ensure that people with preexisting conditions can actually get health care,” Obama said. What Obama meant is that without forcing people to pay their share, Obamacare would not have the necessary funding to give free healthcare to everyone Obama promised to give it to during his political campaign. Of course, Obamacare has nothing to do with bringing healthcare to more people. It has everything to do with having an all mighty government that tells people what they can and can’t do, or what they must and mustn’t do. It is not necessary to force anyone to buy healthcare from the government in order to allow people with pre-existing conditions, for example to have care, as Obama wants everyone to believe. All he has to do is send a law to Congress that mandates that insurance corporations allow coverage for those people with pre-existing conditions. But is not going to happen, because it was precisely the insurance industry the one that wrote Obamacare.

As many critics of Obamacare have mentioned, this is another tool for wealth redistribution born inside an administration that believes that the government is responsible for taking care of everyone and everything and that has been aided by the insurance industry to give more power to themselves.

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Obamacare: I’ve seen rabbits being pulled out of a Hat

By LUIS MIRANDA | THE REAL AGENDA | MARCH 28, 2012

As the Supreme Court of the United States reviews the legality of the so called Obamacare socialist healthcare legislation, the first accounts of the justices opinions about it seem to be negative to say the least. Meanwhile, Obama supporters like James Carville are trying to win the battle already for the Democrat side. Carville has said that a loss in the Supreme Court will help democrats.

CNN’s Jeffrey Toobin said that Obamacare is a train wreck and that expectations are low for the legislation to survive the justices’ review. As the hours go by, some opinions from their analysis have been leaked into the media, with Justice Kennedy saying that Obamacare fundamentally changes the relationship between the people and their government. Justice John Roberts has compared the mandate too make anyone and everyone buy government sponsored healthcare to having that same government mandating that people buy a cellphone. “Can government make you buy a cell phone?” asked Roberts. Meanwhile, Justice Anthony Scalia questioned the individual mandate by asking pro Obamacare folks why was the definition of “market” so broadly represented in the text of the legislation. “Could you define the market — everybody has to buy food sooner or later, so you define the market as food, therefore, everybody is in the market; therefore, you can make people buy broccoli,” Scalia said. Does government make people buy broccoli?

Given this scenario, you would think that defenders of Obamacare would be absolutely sharp when speaking in favor of the legislation. But it wasn’t the case for Solicitor General Donald Verrilli, who stumbled when trying to make the case for a legalized socialist healthcare system. Mr. Verrilli continuously coughed and stuttered while trying to speak about the wonders of Obamacare and justifying the government controlled healthcare scheme. But is this a doomsday sentence for Obamacare? It is also being reported that even Justice Sotomayor has expressed some doubts about some aspects of Obamacare. According to Reuters “the four liberal justices, Stephen Breyer, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan, all indicated that they believed the mandate valid under the U.S. Constitution. Two conservatives, Antonin Scalia and Samuel Alito, were vocal in their skepticism about the requirement.”

I’ve seen rabbits being pulled out of hats before, so I would not hold my breath for a decision against Obamacare just yet. “Obamacare is in big trouble,” says Jeffrey Toobin, who has been in attendance during the review process. But just as Carville manage to paint a defeat as a victory, the main stream liberal media has orchestrated a campaign to prepare their audience for a possible loss, while at the same time lowering expectations in the minds of the rest of the public in order to take some pressure off a potential decision that upholds Obamacare as it stands. It is the typical “playing possum game”. They’ve done it before with the so-called kinetic action in Libya, the war in Iraq and a possible attack against Iran and Syria.

What are the chances that Obamacare will not pass, that it could be upheld? According to Mr. Toobin, there are 5 very solid votes to throw out this healthcare legislation out the window. But the idea that people should participate in this socialized way of delivering healthcare also has four very strong votes that support it in the four liberal Supreme Court justices. Mr. Toobin says the fifth vote, a conservative one, could decide whether or not Americans are indeed obligated — even if such obligation is unconstitutional — to purchase government healthcare. That vote comes from Justice John Roberts, who although has expressed reservations about Obamacare, has not shown a clear cut opinion about the constitutionality or unconstitutionality of the law. “I think it just looks bad for this law,” says Toobin.

A popular talking point that has been circulating is that those who do not enter the government mandated healthcare system will make it that much more difficult for those who do pay for the services provided under such a system. This is a way to sort of hijack public opinion and to misguided the public to support and accept Obamacare because it is good for the ‘commonwealth’. It is the typical collectivist view that people must do what is better for the mass, as supposed to taking care of themselves first, to then help others.  Those who do not support Obamacare, as we have seen since the law was brought up and discussed in mainstream American, will be ostracized and called names for not complying.

If the Supreme Court upholds Obamacare as it is now, it would establish a dangerous precedent that the government can tell anyone to buy any product as supposed to people being able to choose whatever they think it’s better for them. Here is where the government telling people to buy broccoli comes in handy. What will be next? Government telling people what car to buy? What airline to fly or what supermarkets to go to purchase groceries? How about how much electricity, gas or water people should use? As explained by Mr. Toobin, who acts as a legal expert for CNN, Obamacare forces people to buy a product they may not want or that they may not need. The same is true for tax collection, for example. Although the Constitution is very clear about the ways in which government must operate, people are obligated to pay income tax. If Obamacare is thrown out due to its unconstitutional nature, couldn’t citizens also make a case for not paying income tax because of the unconstitutional way in which government forces people to pay it? How about challenges against the constitutional amendment and the way it was passed to allow the government to tax people’s income?

What happens if the individual mandate is deemed unconstitutional, but the rest of the law is not? Because Obamacare is directly dependent on the government’s ability to force citizens to buy insurance in order to finance Obamacare, it is hard to see how the rest of the program would be able to stand on its own feet. Government would have to kill Obamacare as a whole, restructure it in order to make it available without the monies collected from individuals who decide not to join the program, or raise taxes in order to finance it. It is now well-known that the actual cost of Obamacare goes way beyond the total provided by the Federal Government and that it would take more than a national consensus for everyone to join in order to keep it alive for as long as the government wants.

According to recent polls, at least 30 percent of the interviewed Americans do support a decision to declare Obamacare unconstitutional. As the system stands now, the healthcare system is 20,000 doctors short to help the number of patients who use Medicare and Medicaid. What will happen if Obamacare is upheld and many more millions of people decide to make an appointment to see their doctor? What good does it make to have free healthcare if there isn’t a doctor to visit?

You may share our original content as long as you respect our copyright policy as shown on our website footer. Please don’t cut articles from The Real Agenda to redistribute by email or post to the web if you don’t follow our policies.

Luis Miranda is the founder and editor of The Real Agenda. For more of his stories, subscribe to our article feed. You can also follow him on Twitter and Facebook. Email article ideas and insights through the Contact page.

The Psychopathic Criminal Enterprise Called America

The Government uses the Law to Harm People and Shield the Establishment
By Prof. John Kozy
District of Criminals, for criminals and by criminals

District of Criminals, for criminals and by criminals.

Most Americans know that politicians make promises they never fulfill; few know that politicians make promises they lack the means to fulfill, as President Obama’s political posturing on the Deepwater Horizon disaster in the Gulf of Mexico makes perfectly clear.

Obama has made the following statements:

He told his “independent commission” investigating the Gulf oil spill to “thoroughly examine the disaster and its causes to ensure that the nation never faces such a catastrophe again.” Aside from the fact that presidential commissions have a history of providing dubious reports and ineffective recommendations, does anyone really believe that a way can be found to prevent industrial accidents from happening ever again? Even if the commissions findings and recommendations succeed in reducing the likelihood of such accidents, doesn’t this disaster prove that it only takes one? And unlikely events happen every day.

The president has said, “if laws are insufficient, they’ll be changed.” But no president has this ability, only Congress has, and the president must surely know how difficult getting the Congress to effectively change anything is. He also said that “if government oversight wasn’t tough enough, that will change, too.” Will it? Even if he replaces every person in an oversight position, he can’t guarantee it. The people who receive regulatory positions always have ties to the industries they oversee and can look forward to lucrative jobs in those industries when they leave governmental service. As long as corporate money is allowed to influence governmental action, neither the Congress nor regulators can be expected to change the laws or regulatory practices in ways that make them effective, and there is nothing any president can do about it. Even the Congress’ attempt to raise the corporate liability limit for oil spills from $75 million to $10 billion has already hit a snag.

The President has said that “if laws were broken, those responsible will be brought to justice” and that BP would be held accountable for the “horrific disaster.” He said BP will be paying the bill, and BP has said it takes responsibility for the clean-up and will pay compensation for “legitimate and objectively verifiable” claims for property damage, personal injury, and commercial losses. But “justice” is rendered in American courts, not by the executive branch. Any attempts to hold BP responsible will be adjudicated in the courts at the same snail’s pace that the responsibility for the Exxon-Mobile Alaska oil spill was adjudicated and likely will have the same results.

The Exxon Valdez oil spill occurred in Prince William Sound on March 24, 1989. In Baker v. Exxon, an Anchorage jury awarded $287 million for actual damages and $5 billion for punitive damages, but after nineteen years of appellate jurisprudence, the Supreme Court on June 25, 2008 issued a ruling reducing the punitive damages to $507.5 million, roughly a tenth of the original jury’s award. Furthermore, even that amount was reduced further by nineteen years of inflation. By that time, many of the people who would have been compensated by these funds had died.

The establishment calls this justice. Do you? Do those of you who reside in the coastal states that will ultimately be affected by the Deepwater Horizon disaster really believe that the President can make good on this promise of holding BP responsible? By the time all the lawsuits filed in response to this disaster wend their ways through the legal system, Mr. Obama will be grayed, wizened, and ensconced in a plush chair in an Obama Presidential Library, completely out of the picture and devoid of all responsibility.

Politicians who engage in this duplicitous posturing know that they can’t fulfill their promises. They know they are lying; yet they do it pathologically. Aesop writes, “A liar will not be believed, even when he speaks the truth.” Perhaps that’s why politicians never do.

Government in America consists of law. Legislators write it, executives apply it, and courts adjudicate it. But the law is a lie. We are told to respect the law and that it protects us. But it doesn’t. Think about it people! The law and law enforcement only come into play secundum vitium (after the crime). The police don’t show up before you’re assaulted, robbed, or murdered; they come after. So how does that protect you? Yes, if a relationship of trust is violated, you can sue if you can afford it, and even that’s not a sure thing. (Remember the victims of the Exxon-Valdez disaster!) Even if the person who violated the relationship gets sanctioned, will you be “made whole”? Most likely not! Relying on the law is a fool’s errand. It’s enacted, enforced, and adjudicated by liars.

The law is a great crime, far greater than the activities it outlaws, and there’s no way you can protect yourself from it. The establishment protects itself. The law does not protect people. It is merely an instrument of retribution. It can only be used, often ineffectively, to get back at the malefactor. It never un-dos the crime. Executing the murderer doesn’t bring back the dead. Putting Ponzi schemers in jail doesn’t get your money back. And holding BP responsible won’t restore the Louisiana marshes, won’t bring back the dead marine and other wildlife, and won’t compensate the victims for their losses. Carefully watch what happens over the next twenty years as the government uses the law to shield BP, Transocean, and Halliburton while the claims of those affected by the spill disappear into the quicksand of the American legal system.

Jim Kouri, citing FBI studies, writes that “some of the character traits exhibited by serial killers or criminals may be observed in many within the political arena.;” they share the traits of psychopaths who are not sensitive to altruistic appeals, such as sympathy for their victims or remorse or guilt over their crimes. They possess the personality traits of lying, narcissism, selfishness, and vanity. These are the people to whom we have entrusted our fate. Is it any wonder that America is failing at home and world-wide?

Some may say that this is an extreme, audacious claim. I, too, was surprised when I read Kouri’s piece. But anecdotal evidence to support it is easily cited. John McCain said “bomb, bomb, bomb” during the last presidential campaign in response to a question about Iran. No one in government has expressed the slightest qualms about the killing of tens of thousands of people in both Iraq and Afghanistan who had absolutely nothing to do with what happened on nine/eleven or the deliberate targeting of women and children by unmanned drones in Pakistan. What if anything distinguishes serial killers from these governmental officials? Only that they don’t do the killing themselves but have others do it for them. But that’s exactly what most of the godfathers of the cosa nostra did.

So, there are questions that need to be posed: Has the government of the United States of America become a criminal enterprise? Is the nation ruled by psychopaths? Well, how can the impoverishment of the people, the promotion of the military-industrial complex and endless wars and their genocidal killing, the degradation of the environment, the neglect of the collapsing infrastructure, and the support of corrupt and authoritarian governments (often called democracies) abroad be explained? Worse, why are corporations allowed to profiteer during wars while the people are called upon to sacrifice? Why hasn’t the government ever tried to prohibit such profiteering? It’s not that it can’t be done.

In the vernacular, harming people is considered a crime. It is just as much a crime when done by governments, legal systems, or corporations. The government uses the law to harm people or shield the establishment from the consequences of harming people all the time. Watch as no one from the Massey Energy Co. is ever prosecuted for the disaster at the Upper Big Branch coal mine. When corporations are accused of wrongdoing, they often reply that what they did was legal, but legal is not a synonym for right. When criminals gain control, they legalize criminality.

Unless the government of the United States changes its behavior, this nation is doomed. No one in government seems to realize that dissimulation breeds distrust, distrust breeds suspicion, and suspicion eventually arouses censure. Isn’t that failure of recognition by the establishment a sign of criminal psychopathology?
John Kozy is a retired professor of philosophy and logic who blogs on social, political, and economic issues. After serving in the U.S. Army during the Korean War, he spent 20 years as a university professor and another 20 years working as a writer. He has published a textbook in formal logic commercially, in academic journals and a small number of commercial magazines, and has written a number of guest editorials for newspapers. His on-line pieces can be found on http://www.jkozy.com/ and he can be emailed from that site’s homepage.

U.S. Administration Supports Indecent Vatican’s Paedophilia Immunity

AFP

The Obama administration in a brief to the Supreme Court has backed theVatican’s claim of immunity from lawsuits arising from cases of sexual abuse by priests in the United States.

The Supreme Court is considering an appeal by the Vatican of an appellate court ruling that lifted its immunity in the case of an alleged pedophile priest from Oregon.

In a filing on Friday, the solicitor general’s office argued that the Ninth Circuit court of appeals erred in allowing the lawsuit brought by a man who claims he was sexually abused in the 1960s by the Oregon priest.

The unnamed plaintiff, who cited the Holy See and several other parties as defendants, argued the Vatican should be held responsible for transferring the priest to Oregon and letting him serve there despite previous accusations he had abused children in Chicago and in Ireland.

The solicitor general’s office, which defends the position of President Barack Obama’s administration before the Supreme Court, said the Ninth Circuit improperly found the case to be an exception to the Foreign Sovereign Immunities Act, a 1976 federal law that sets limits on when other countries can face lawsuits in US courts.

“Although the decision does not conflict with any decision of another court of appeals, the Court may wish to grant the petition, vacate the judgement of the court of appeals and remand to that court for further consideration”.

The case, which was filed in 2002, does not directly address questions raised in a separate lawsuit in Kentucky alleging that US bishops are employees of the Holy See.

But the Vatican plans to argue that Catholic dioceses are run as separate entities from the Holy See, and that the only authority that the pontiff has over bishops around the world is a religious one, according to Jeffrey Lena, theVatican’s US attorney.

In recent months, large-scale pedophilia scandals have rocked the Roman Catholic Church in a number of countries, including Austria, Ireland, Pope Benedict XVI’s native Germany and the United States.

Senior clerics have been accused of protecting the priests involved by moving them to other parishes — where they sometimes offended again — instead of handing them over to civil authorities for prosecution.

The pope, who has himself faced allegations implicating him in the scandal, has repeatedly said priests and religious workers guilty of child abuse should answer for their crimes in courts of law.

Elena Kagan aided Saudi Terrorists. Obama nominates her to Supreme Court

Prisonplanet.com

In addition to the attacks on free speech, detainee rights and the close connections to Goldman Sachs, another noteworthy blackKaganmark on the record of Elena Kagan, the president’s nominee to the Supreme Court, is that she played a significant part in killing off the efforts of 9/11 victims’ families to bring lawsuits against members of the Saudi Royal family for financial links to the conspiracy.

Last year, thousands of family members filed suits claiming that Saudi Arabia and four of its princes actively aided in financing the terrorist attacks through front groups posing as charities.

The New York Times ran a report in June highlighting how documents uncovered by lawyers for the 9/11 families “provide new evidence of extensive financial support for Al Qaeda and other extremist groups by members of the Saudi royal family.”

The documents consisted of “several hundred thousand pages of investigative material” assembled by the 9/11 families, according to the report.

The families also pointed to a 28-page, classified section of the 2003 joint congressional inquiry into 9/11 that deals with the Saudi role in the attacks.

Had the cases been heard, the exposure given to the Saudi connection would have undoubtedly opened the flood gates for more suppressed evidence surrounding the attacks to emerge.

“The revelations would undoubtedly shatter the official explanations of the September 11 attacks and point to complicity on the part of US intelligence and security agencies.” writer Barry Grey noted at the time in his excellent piece on the government’s effort to shut down the lawsuits.

“Given its longstanding and intimate ties to the Saudi royal family and Saudi intelligence, it is not possible to believe that the CIA would have been unaware of Saudi support for Al Qaeda and at least some of the 19 hijackers, 15 of whom were Saudi nationals, as they were preparing to carry out the attacks on New York and Washington.” Grey wrote.

Enter Elena Kagan.

In her previous role at the Justice Department as Obama’s Solicitor General, she declared that “that the princes are immune from petitioners’ claims” owing to “the potentially significant foreign relations consequences of subjecting another sovereign state to suit.”

Kagan effectively protected the oil rich Saudi monarchy in seeking to halt further legal action to hold it liable for the attacks.

The move just happened to come less than a week before Obama was scheduled to meet and bow before Saudi King Abdullah as part of his “rebuilding” trip to the Middle East.

More than 6000 9/11 family members denounced the move as an “apparent effort to appease a sometime ally” in a public statement.

Less than a month later, The Supreme Court ruled that it would not allow any of the lawsuits to go ahead, agreeing that the Saudi princes should be protected by sovereign immunity – a concept that seems to have no bearing on CIA drone delivered missiles raining down on Afghanistan and Pakistan.

Following the debacle, Senators Arlen Specter and Lindsey Graham introduced legislation to allow US citizens to sue foreign governments if there is evidence they may be supporting terrorist activity. Spector said of Kagan “She wants to coddle the Saudis”.

The Saudi 9/11 Connection

Senator Bob Graham, who sat on the 9/11 Commission, has also charged that Saudi involvement in the attacks has been covered up.

As we have previously reported, US authorities, including the FBI, allowed the entire Bin Laden family to fly out of the US, and back to Saudi Arabia, in the days after 9/11, without questioning any of them.

Furthermore, agency documents later revealed that the FBI were aware that Osama Bin Laden himself may have personally chartered one of the flights. They subsequently redacted his name from the records in order “to protect privacy interests.”

The documents provide clear proof that the FBI was protecting the Bin Laden while the rest of the world was being told that he had masterminded the biggest terror attack in history. The FBI then attempted to cover up this fact.

The same documents revealed that the Bureau did not consider a single Saudi national nor any of the Bin Laden family worthy of investigative value.

The protection of Bin Laden by federal authorities has been ongoing since BEFORE 9/11 when agents were told to “back off the Bin Laden family” in order to protect business interests that the Bush family had with the Bin Ladens and other Saudi nationals.

The FBI asserts that no one on the planes that left had any terrorist links, yet documents (specifically FBI document 199I WF213589) uncovered back in November 2001 prove this to be a falsehood.

The Obama administration is now continuing the exact same long running policy as the Bush administration by obediently backing the Saudi monarchy and keeping secret this vital information on 9/11.

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