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- #21
Obamacare is not the law of the land. It is legislative tyranny!
Translation: I and others who think as I do don't like it.
Your misrepresentation is noted. The truth is, Obamacare is not a law made in pursuance of our Constitution as required, but intended to circumvent its very provisions and protections, e.g., it is presumptively unconstitutional because it impinges upon the fundamental right of the American People to make their own medical and health care decisions and choices.
A law that "impinges upon a fundamental right explicitly or implicitly secured by the Constitution is presumptively unconstitutional." Mobile v. Bolden, 446 US 55, 76; Harris v. McRae, 448 US 297,312.
"The mere chilling of a Constitutional right by a penalty on its exercise is patently unconstitutional." Shapiro v. Thompson, 394 U.S. 618.
"A legislative act contrary to the Constitution is not law." Carter v. Carter Coal Co., 298 U.S. 238
"All laws which are repugnant to the Constitution are null and void." Marbury v. Madison, 5 U.S. 137,174,176.
"The claim and exercise of a Constitutional Right cannot be converted into a crime." Miller v. Us., 230 F, 2d 286,489.
"Where rights secured by the Constitution are involved, there can be no rule-making or legislation which would abrogate them." Miranda v. Arizona, 384 U.S. 436.
And so, as I previously stated, to say Obamacare is the law, one would have to implicitly assert that making ones own medical and health care decisions and choices is not a fundamental right secured by the Constitution, even though it has long been settled by our courts that it is a fundamental right and therefore, Obamacare is presumptively unconstitutional.
Bottom line is, Obamacare is legislative tyranny backed up by judicial tyranny!
JWK
Obamacare by consent of the governed, Article 5, our Constitution`s amendment process. Tyranny by a majority vote in Congress or a Supreme Court's majority vote