Constitutional Arbiter

The other day I came across a Facebook post that reminded me how crazy, supposedly responsible people can be. It was a post of a letter sent to Vice President Biden by an Oregon Sheriff named Tim Mueller. In this letter, Sheriff Mueller details his love of the Constitution and the oaths he has given for his current position, as well as a short stint in the Army and concludes by declaring that he won't enforce any laws he or his citizens consider unconstitutional. Here's the part of the letter that I find just incredible to read, coming as it does from a law enforcement officer, emphasis mine:

"Any federal regulation enacted by Congress or by executive order of the President offending the constitutional rights of my citizens shall not be enforced by me or by my deputies, nor will I permit the enforcement of any unconstitutional regulations or orders by federal officers within the borders of Linn County Oregon."

Here we see a prime example of why we can't have a reasonable conversation about guns, not to mention many other subjects. It's because so many people, who seem intelligent, some of whom hold positions of responsibility are, at least on certain subjects, idiots. Sincerely determined ones at that. Let me put it this way, if I may paraphrase what Mueller is saying in this letter:

"Vice President Biden, I, Sheriff Tim Mueller, love the Constitution. I have sworn oaths to protect and defend it as a law enforcement officer and as an MP in the Army. As such, I am an expert on what is and is not Constitutional and not the Courts, as the Constitution would have you believe. Therefore, I am telling you, the Constitutionally elected Vice President of the United States of America, that I refuse to enforce any federal law I don't agree with and will even attempt to thwart enforcement by federal authorities. 

It's irrelevant that any such law was proposed and passed into law under a Congressional framework that is explicitly laid out under the US Constitution. That very same document about which I expressed my undying love at the beginning of this letter. In fact, my adoration for the Constitution is so deep and unyielding that I am willing to violate my own oaths, to that very same document! God bless America and the Constitution!."

I wish this guy was unique, but you might be surprised how many people subscribe to this tortured line of reasoning, either personally or in support of those shrubs who do. It always breaks down to the idea that individual citizens can make a determination about what is and is not Constitutional. Despite the fact that these laws were passed under Constitutional authority. Sure, some laws have been passed and then later ruled un-Constitutional, but that was done through the Court system, as the Constitution explicitly specifies. In fact, laws are treated much like a person's innocence; we assume they are Constitutional, because they were passed Constitutionally, until such time as they are challenged and subsequently ruled to violate the Constitution. You see, that's how this whole 'America' thingy is supposed to work. 

The bottom line is that, as a citizen, you have the right to disagree with a law, call for its repeal, speak out publicly, challenge it in court and demand your representatives work to repeal it. But just because you don't like it, doesn't make it un-Constitutional! It may be unwise, stupid or even corrupt, but you do not have the right to choose what laws apply to you, based on your own, skewed interpretation of the Constitution. And if you're in a position of power and authority, such as Mueller, you sure as hell don't have the right to declare your own personal insurrection against the Constitutional authority of the United States simply because you disagree with something! And to do it under the guise of patriotism is enough to have me reaching for an Excedrin and/or a bottle of Captain Morgan. I've had enough of blowhards who think they can pick and choose what laws apply to them. If we start down that road we stop being the United States and instead become the Confederate Counties of America, where every locality has its own random, illogical laws based not on a governmental framework, but rather the simple minded prejudices of the local authorities. We all know how that works; segregation, discrimination and restrictions on the very liberties that schmucks like Mueller are so hot and bothered about. You see once you start letting individuals choose what laws should be followed, you're setting up every 'Mueller' as their own petty dictator. Put simply, Mueller is actually undermining the very Constitution he is supposedly so devoted to. Is that ironic or just pathetic? No, wait, I think it's both.

By Any Other Name

Well, the verdict is in, much to the relief of the Administration and the chagrin of the GOP. The Supreme Court has upheld the Affordable Care Act, aka 'ObamaCare'. Not surprisingly in a 5 to 4 decision, but the actual makeup of that judicial split was a bit unexpected. Instead of Justice Kennedy acting in his usual role as the swing vote between the conservative and the liberal wings of the court, it was Chief Justice Roberts who decided it. That's right, conservative, Bush 43 appointee John Roberts stood up to affirm the constitutionality of health reform!

The Individual Mandate, the item everyone agreed was the keystone of the health reform law that could, if struck down, render the entire effort untenable, survived. Though, surprisingly not under the Commerce Clause, as was assumed. Chief Justice Roberts declared that it did not survive scrutiny under that clause, but was rather covered under the government's tax authority. Of course the GOP has already started its effort to reframe their opposition, based on it being a tax. And we all know what Republicans think of taxes, regardless of how necessary they are to the functioning of a government. They are nothing if not quick off the mark. But the truth is that to you and I, it doesn't really matter whether it's constitutional under the commerce clause, tax authority or the right to keep and bear arms, as long as it is judged to be covered under some part of the Constitution.

So now it's time for anyone who sees 'ObamaCare' as some diabolical, anti-democratic, freedom killing, evil to cry and mourn the death of the Republic. No, really, I'm serious. There are those who actually see it that way. Despite the fact that it actually gives private sector insurance companies even more business, thus working within the capitalistic framework. Despite the government not in any way forcing you to give up any of your current insurance coverage or in any way taking over the actual insurance business. In fact, if you lay out all the individual provisions, and ask people about those pieces completely on their own, you will hear overwhelming support. Go figure.

- Insurance companies can't deny you coverage for pre-existing conditions? Great!

- They cannot kick you off your coverage for getting sick? Excellent!

- Kids can stay on their parents insurance till they are 26? Nice idea!

- Cost free preventative services, to ensure you catch problems early? Oh, yeah!

- A way to compare health plans and have them compete on a level playing field? It's there all right.

- Eliminate lifetime limits? Yep!

- Require insurance companies to use at least 80 - 85% of premiums on actual benefits? Good!

- Increase access to Medicaid for low income Americans? Outstanding!

There is really only one part of the Affordable Care Act that gets GOP hackles up, and it's the one they came up with in the first place! The Individual Mandate. This requires everyone to have insurance coverage of some sort, either employer provided or individually purchased. You know, like many Americans already have to do for car insurance! This provision has been harped on as some sort of tyrannical over-reach, yet in truth it's just another way of saying 'no freeloading'. As it is now, if you don't have insurance, that's your choice, but if you do get sick and show up at the Emergency Room they have to treat you. And the rest of us have to pay for it! Why doesn't anyone in the GOP or on Fox news scream and inveigh about all the cheapskates being given free medical care? It's actually a conservative idea, damn it! Take responsibility for your own healthcare because we don't want to pay for it any more. Someone please explain to me how this is tyranny!

The bottom line is that the current system, with Emergency Rooms used as emergency insurance, is far more socialist than the Affordable Care Act! It gives people a way to get care while foisting the bill on the rest of us. Isn't the Individual Mandate more fair, responsible and downright conservative? So Americans love 99% of the provisions of the law, but some just can't stand 'ObamaCare'. They can't give a cogent reason or articulate their disagreement without using GOP talking points, but they just don't like it. Look, if you have insurance coverage . . . it's not really going to affect you. If you don't, then it will almost certainly help you get it. It will also guarantee the private insurance companies millions of additional customers, thus taking the sting out of their additional requirements under the law. So if you just can't stand 'ObamaCare,' maybe you should take a look at the Affordable Care Act instead.