Arizona Takes One on the Chin

The enthusiasm by which the Supreme Court eviscerated Arizona’s immigration law (known as S.B. 1070) yesterday should surprise few observers. Pittsburgh Pirates fans would noisily protest if the umpire arrived sporting a Phillies jersey. That the self-appointed referee between the National Government and the States is on the National Government’s team is not unconnected with the lopsided scorecard.

The legal arguments that carried the 5-3 decision in Arizona v. United States are worth understanding, since all are based upon the “Supremacy Clause” (Art. VI, cl. 2) of the Constitution. As typical, the Supremacy Clause is selectively quoted:

The Supremacy Clause provides a clear rule that federal law “shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” 567 U. S. ____ (2012)

But Justice Kennedy omits the first bit: “This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States…” (italics added). Stated another way, if a conflict exists between a federal law made pursuant to an enumerated power and a State law, the federal law wins. This differs drastically from what I call the Pelosi Rule, which is the tyrannically crazy idea that if Congress votes for it, the law is constitutional, end of story. 


Our Children’s Entitlement Slavery

Seems every time I turn around, I see the meme describing some sort of entitlement Ponzi scheme that some victims’ group or another wants to retain access to. The oft-repeated mantra goes something like, “Don’t tell me I have to give up my entitlements, I paid cash for them.”  Or.. “They have been purchased by years of payroll deductions.”  The meme, no doubt, makes absolute sense to most people who hear such arguments, after all, it seems the height of injustice when -after a lifetime of contributions to a welfare program, someone would simply discontinue the program just as it was about to pay dividends for the elderly who are dependent upon the proceeds of these fraudulent ponzi schemes! (Which, btw, are about to implode… leaving the dependants of such entitlements starving and destitute).   Surely it is the height of a contractual right – that the people who have diligently paid into these programs should be paid back!

This, of course, ignores the actual facts of the case.  The proceeds of those payroll deductions have never actually been ‘saved’ or ‘invested’ to pay the claims that would come due in the first place!  No-one who is on the hook to pay the claims back has even received any benefit from them, whatsoever!  Rather, they were used to pay for undeclared wars, to fund domestic graft (buying votes), campaign contributions, the funding of unconstitutional foreign aid – and worse yet….. to prosecute an unconstitutional Federal War on Drugs..  In many cases, it was used to pay off the people who retired before!  It has been understood by politicians for decades that our entitlement spending was/is doomed to bankruptcy, yet they still continue to promise that not only will you get back every penny you’ve paid into the system (which was designed for the mortality of Americans dying at the age of 62 on average, and is currently bankrupt), but a mandated return on top of that! (The burden of which is to be passed on to our children) who have absolutely no hope of ever being reimbursed for such lavish spending…  The beneficiaries who’ve collected the plunder in the past, having been given promises by the New Deal Ponzi schemers of some sort of magic government money machine  voted in the politicians (who were knowingly stealing your future retirement money) largely on the promises of getting  a share of the “loot!”


Government is Already Too Involved in Healthcare

by Ron Paul

This week the Supreme Court is expected to issue its long-awaited decision regarding the constitutionality of the “Obamacare” law. I recently discussed absurd legal arguments by Obamacare advocates that Congress can compel the purchase of health insurance, and the dismal record of federal courts applying so-called “judicial review” in protecting liberty. It is obvious that Obamacare’s legal apologists either are wholly ignorant of constitutional principles, or wholly lawless in their blatant disregard for those principles.

Likewise, supporters of Obamacare are willfully ignorant of basic economics. The fundamental problem with health care costs in America is that the doctor-patient relationship has been profoundly altered by third party interference. Third parties, either government agencies themselves or nominally private insurance companies virtually forced upon us by government policies, have not only destroyed doctor-patient confidentiality. They also inescapably drive up costs because basic market disciplines– supply and demand, price sensitivity, and profit signals– are destroyed.

Obamacare, via its insurance mandate, is more of the same misdiagnosis.