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Obamacare Has Literally Replaced the Constitution

Written by Gary North on June 22, 2012

The textbook account of how laws are made is for children. It presents the procedure as if it were governed by the Constitution. This is silly. That went out with high-button shoes.

The legal system that prevails today is administrative law: rule by government bureaucracies that cannot be fired. The story of how this legal revolution has re-shaped law in the West, threatening a new tyranny, appears in the 45-page introduction to Law and Revolution (1983), a great book by Harvard University’s legal historian Harold Berman. Those 45 pages are among the most important that I have ever read.

A recent study by the Cato Institute describes one section of Obamacare: the creation of the Independent Payment Advisory Board, or IPAB. This unelected board will set prices and payment systems for medicine under the plan.

Obamacare was created by the Patient Protection and Affordable Care Act (PPACA), which in turn creates IPAB. According to the Cato report, written by a lawyer,

When the unelected government officials on this board submit a legislative proposal to Congress, it automatically becomes law: PPACA requires the Secretary of Health and Human Services to implement it. Blocking an IPAB “proposal” requires at a minimum that the House and the Senate and the president agree on a substitute. The Board’s edicts therefore can become law without congressional action, congressional approval, meaningful congressional oversight, or being subject to a presidential veto. Citizens will have no power to challenge IPAB’s edicts in court.

But what if — this is 99% hypothetical — a majority in Congress decides that the IPAB payment schedule (taxes) is not a good idea? Well, tough bananas.

PPACA forbids Congress from repealing IPAB outside of a seven-month window in the year 2017, and even then requires a three-fifths majority in both chambers. A heretofore unreported feature of PPACA dictates that if Congress misses that repeal window, PPACA prohibits Congress from ever altering an IPAB “proposal.” By restricting lawmaking powers of future Congresses, PPACA thus attempts to amend the Constitution by statute.

IPAB’s unelected members will have effectively unfettered power to impose taxes and ration care for all Americans, whether the government pays their medical bills or not. In some circumstances, just one political party or even one individual would have full command of IPAB’s lawmaking powers. IPAB truly is independent, but in the worst sense of the word. It wields power independent of Congress, independent of the president, independent of the judiciary, and independent of the will of the people.

This means that the Constitutional sovereignty is a dead concept, unless five people on the U.S. Supreme Court declare the law unconstitutional.

This will serve as a legal precedent. New laws will create similar boards.

Kiss the Constitution goodbye.

It was all so easy.

The 22-page report is here.

Continue Reading on www.cato.org

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42 thoughts on “Obamacare Has Literally Replaced the Constitution

  1. kenny9876 says:

    Just another example of why Obama does not believe in the Constitution. He rejects separation of powers. When Congress failed to pass cap and trade (i.e. cap and tax), he had his EPA railroad it through. The administrative state is a monster consuming the powers of the legislative branch.

  2. delmar Jackson says:

    I don't see the GOP rallying to stop Obamas backdoor amnesty that will increase the supply of low cost legal workers by millions before it is all over.
    We have 22 % unemployment in real numbers and the GOP just cares about lowering taxes for the rich. Both parties and the media have screwed working Americans.

  3. Max Penn says:

    The GOP did not put Obama in the white house, we the pople did it.. The question is will WE THE POPLE remove him? How many millions will vote for him in November?? If he wins, there is no future for America…

  4. "This means that the Constitutional sovereignty is a dead concept".

    Good. The Constitution was a hoax even before the time of its alleged ratification and establishment in June 1788. At most it was adopted.

    How can we know this? Article VII stipulates certain criteria by which to judge whether or not the Constitution has been ratified. But the very presence of A7 is nonsensical. Prior to ratification, A7 has no status as law. In other words, it's not sovereign. Therefore A7 can never be the source of criteria by which to determine if the C has been ratified. The criteria must come from outside the C, and not even Jupiter can arrange things otherwise.

    No one has ever shown that there are licit criteria outside the C, and the best inference from this is that none have ever existed. So, the Constitution was never ratified, and it was never established. At most, it was adopted, and since the time of that adoption it has been a hoax, a scam, and a fraud.

    Of course, progressives, too, don't want to hear about this painful truth, for it could undermine Obamacare, not to mention a hundred or more other pet projects.

  5. The democrats and ACORN utilizing voter registration fraud got BO in the White House.

  6. Mike Wagner says:

    If the Constitution is dead, the office of President does not exist. There is no President without the Constitution so we can just ignore the whole Federal Government.

  7. Either WE THE PEOPLE are represented by a government OR we are not. It may be time for all the good ole boys to practice re-load.

  8. This means that the Constitutional sovereignty is a dead concept anyone with a brain cell would never believe such bunk from bureaucrats .

  9. Once Obama tips the last wheel blocked so it can roll over the edge, chaos will rein! He will have asked the military to shoot our citizens opposed to his direction. He best not count on support as the spinning wheels break apart and fly in all directions. He will still be smiling a victory smile knowing that he has completed his father's dream of destruction!

  10. DEFEATOBAMAIN2012 says:

    He will not get to enjoy his handiwork, it was the british colonials his grandfather and father hated that kept the africans/kenyans in slavery, he will have to destroy the queen of england to get his jollies.

  11. That government will not ignore you, so it will have to be dispersed through confrontation with it. I suspect that the right place to begin is the courts. They and, in fact, the entire federal bar, need dissension and conflict within and a lack of respect from outsiders. Law school profs must be turned against them, so that they will refrain from cultivating respect and servility among the lawyers of the decades to come.

    Other places in which to cultivate chaos in that government are police departments such as the FBI and, of course, within the military, esp. the officer corps. At minimum they should be asked politely to explain why they swore an oath to uphoad a fraud like the popular account of the Constitution's ratification when that story is so full of holes and absurdities. It wouldn't hurt any of them to open their minds to other ideas, too. For example, see http://lysanderspooner.org/node/44.

  12. Once this Revolution would happen what prevents the people from coming for Obama? There are over 100 Million gun owners most of who do not like him or his sinister ideas. So if he wants to try and turn on the people he best find a place to hide. Not to mention how many of the military would turn on the American people? Me does think that Oh Numb Nuts would have over played his hand. But then people like him never do have a real grasp of reality on the reality they try and creat for themselves.

  13. Yes, I agree with you Jeff. The time is around the corner and I am ready.

  14. It is time for the liar in chief to go ,we must vote him out in november !!!But we must be ready to accept or defend our Constitution of these United States of America !! All i can say is If Obama isn't reeady to go after the votes are in ,and the votes say he lost !! Well it doesn't take a rocket Scientist to figure that one out !!! As to what we should be ready to do ?


  16. You know by today's standards none of us were
    supposed to ever make it.

    HIGH SCHOOL — 1958 vs. 2012

    Scenario 1:
    Jack goes duck hunting before school and then pulls into the
    school parking lot with his shotgun in his truck's gun rack.

    1958 – Vice Principal comes over, looks at Jack's shotgun,
    goes to his car and gets his shotgun to show Jack.

    2012 – School goes into lock down, FBI called,
    Jack hauled off to jail and never sees his truck or gun again.
    Counsellors called in for traumatized students and teachers.

    Scenario 2:
    Johnny and Mark get into a fist fight after school.

    1958 – Crowd gathers. Mark wins. Johnny and Mark
    shake hands and end up buddies.

    2012 – Police called and SWAT team arrives —
    they arrest both Johnny and Mark. They are both charged
    with assault and both expelled even though Johnny started it.

    Scenario 3:
    Jeffrey will not be still in class, he disrupts other students.

    1958 – Jeffrey sent to the Principal's office and given a good
    paddling by the Principal. He then returns to class, sits still and
    does not disrupt class again.

    2012 – Jeffrey is given huge doses of Ritalin. He becomes a zombie.
    He is then tested for ADD. The family gets extra money (SSI) from the
    government because Jeffrey has a disability.

    Scenario 4:
    Billy breaks a window in his neighbor's car and his Dad gives him a
    whipping with his belt.

    1958 – Billy is more careful next time, grows up normal, goes to college
    and becomes a successful businessman.

    2012- Billy's dad is arrested for child abuse, Billy is removed to foster
    care and joins a gang. The state psychologist is told by Billy's sister
    that she remembers being abused herself and their dad goes to prison.
    Billy's mom has an affair with the psychologist.

    Scenario 5:
    Mark gets a headache and takes some aspirin to school.

    1958 – Mark shares his aspirin with the Principal out on the smoking dock.

    2012- The police are called and Mark is expelled from school for drug violations.
    His car is then searched for drugs and weapons.

    Scenario 6:
    Pedro fails high school English.

    1958 – Pedro goes to summer school, passes English and goes to college.

    2012 – Pedro's cause is taken up by state. Newspaper articles appear nationally
    explaining that teaching English as a requirement for graduation is racist. ACLU
    files class action lawsuit against the state school system and Pedro's English teacher.
    English is then banned from core curriculum. Pedro is given his diploma anyway but
    ends up mowing lawns for a living because he cannot speak English.

    Scenario 7:
    Johnny takes apart leftover firecrackers from the Fourth of July,
    puts them in a model airplane paint bottle and blows up a red ant bed.

    1958 – Ants die.

    2012 – ATF, Homeland Security and the FBI are all called. Johnny is
    charged with domestic terrorism. The FBI investigates his parents –
    and all siblings are removed from their home and all computers are confiscated.
    Johnny's dad is placed on a terror watch list and is never allowed to fly again.

    Scenario 8:
    Johnny falls while running during recess and scrapes his knee.
    He is found crying by his teacher, Mary. Mary hugs him to comfort him.

    1958 – In a short time, Johnny feels better and goes on playing.

    2012 – Mary is accused of being a sexual predator and loses her job.
    She faces 3 years in State Prison. Johnny undergoes 5 years of therapy.

  17. If the votes says obama lost the election, he'll have an joker up his sleeve by having 'his people' start a riot so he can declare martial law. The only way he'll be able to stay in office, for at least a little while, will be to declare martial law. And if that should happen, after we had tried the ballot box, then it'll be time to use the bullet box. With approximately 60 to 70 million people up in arms, the military will not go against the people, but most will join We The People, and take obama and his supporters out of office, hold a quick but fair trial and string them up in the nearest tree and if there isn't a tree, then a light pole. That will be the time to clean house, from congressman/women, senator, appointed and non appointed government employee of very office and agency and throw them in prison, after a fair trial of course.

  18. We must be ready to fullfill the oath most of us swore to when we joined the military or law enforcement, to defend the Constitution against all enemies, foreign or domestic. And if it means that some of us will die in the ensuring violence, so be it. Our Founding Fathers, swore upon their sacred honor, their lives and property in their fight to establish this country. Can we do any less? As Nathan Hale said as the British were about to hang him, "I regret that I have buy one life to give for my country." If we are afraid to take up arms against our tyrannical government, how can we look our children and grandchildren in the eye and say we stood by and let our counrty be destroyed by this marxist/communist in the White House? Now is the Time for All Good Men to Come to the Aid of their Country!

  19. Ray, I grew up during that time period and know fully well that it was a better time. Thank you for your service and while you were a jarhead, I was a grunt with 20 years service. When I retired, I was never released from the oath that I swore in 1968. And I shall honor it yet!

  20. detroiter says:

    when has a poor person ever employeed anybody? You don't have to like it, but Rich people create jobs.

  21. WHAT THE H__L ARE TALKING ABOUT? Constitution a hoax? ARE YOU INSANE? Sir you need to get some brains, get a life or at least go live somewhere else. The States agree to adopt the Constitution and therefor created a new country, the United States of America.
    The Constitution WAS Ratified, accepted and followed and used by all states who joined under that document.
    Sir you had better go back and relearn something about this country. There is no more painful truth than fools like you who try to pick apart the one document that gives you life liberty and the pursuit of happiness and developed a country to which those things are pursued and provided for.
    Here is another little fact, did you know that slavery would be legal and world wide STILL if not for the United States and the abolishment of slavery here. Go look up those facts. Also go look at many of the inventions, and discoveries that happened in America. Heck one of the greatest life saving medical discoveries was developed IN AMERICA and went on to save billions of people,,, and it was discovered by a BLACK DOCTOR, that was blood typing. Now while it MAY have came along later, a BLACK DOCTOR figured it out first,,,,and it came from freeing slaves and giving black people freedom.
    how about you ttake YOUR criteria of calling the Constitution a hoax and get the heck out.

  22. The GOP put Obama in the White House by giving the people such a pathetic alternative

  23. Guest, thank your for your angry rant. Now, let's deal with a few of your points one by one:

    "did you know that slavery would be legal and world wide STILL if not for the United States and the abolishment of slavery here."

    Did you know that slavery might just have been illegal in the states during the time of the confederacy had the states not sanctioned it? Further, did you know that slavery elsewhere in the Americas was often resolved without a fiendishly destructive war? I think that Brazil is an example of this.

    "Also go look at many of the inventions, and discoveries that happened in America."

    One of them was the Gatling gun and another the Mk I "Little Boy" gun-method atomic bomb. But so what? The fact that there have been many inventions in America has no relevance whatsoever to ratification. In fact, have you considered the possibility that there could have been different, possibly better, AND less destructive, inventions were it not for the political mistakes Washington, Publius, and other knaves? You should learn about an important economic concept called opportunity cost. Go read something edifying about the Trail of Tears, too.

  24. " it [a medical discovery] was discovered by a BLACK DOCTOR, "

    So what? Therefore the C was ratified or established on 21 June, 1788? Well, no; that doesn't follow at all. Also, I resent your churlish insinuation that I am a racist. Perhaps you would be more comfortable over at http://www.commondreams.org/ where such innuendo is welcomed by the editorial staff and a great majority of the readership.

    "Now while it MAY have came along later, a BLACK DOCTOR figured it out first"

    There you go, again, SHOUTING your innuendo. I would like to add here that Washington and Publius were white. So also were most, and possibly all, those responsible for the 13th alleged amendment. A careful reading and analysis reveal that that amendment places a monopoly upon slavery in the hands of government.

  25. "The Constitution WAS Ratified, accepted and followed and used by all states who joined under that document."

    Just claiming that it was ratified is insufficient to make it so. You have closed your eyes and plugged your ears to keep out relevant facts. For example, one cannot use an article of an unestablished constitution as a source of criteria by which to determine if that constitution has been established. That would presuppose establishment of that article prior to knowning that the constitution has been ratified. Of course, the presupposition is aburd, but accept it you do, nonetheless. However, it is possible to adopt a constitution as if it were ratified and established, and this is what happend in N. America along the Atlantic coast about 235 years ago. (The adoption began as early as Sept. 1788.)

    "how about you ttake YOUR criteria of calling the Constitution a hoax and get the heck out. "

    Good grief, have you not learned t-t-to type with proper capitalization and punctuation? Also, you used "criteria" in a sense different than is relevant to the debate. Perhaps you are a victim of the public schools.

  26. "Sir you had better go back and relearn something about this country."

    You should learn the merits of taking your own advice. In fact, why not meet Mr. Spooner, lawyer, abolitionist, and slayer of sacred, unionist cows? http://lysanderspooner.org/node/44

    Down with the DC. Down with the Federal Reserve Act. Down with the 16th alleged amendment. Down with the SSA. Down with Obamacare.

    Down with the DC.

  27. i sure hope and pray we do come toghter as one on nov.and give him and his crew a pnk slip and send him packing because 4 more yrs of him america will be in a hell of a shape

  28. Here is the reason why this is all possible. But few will read it. Fewer will take the time to understand it. Most will dismiss it as "conspiracy theory", bunk, or BS. The majority who dismiss it, do so because they don't want to know. They just want to complain.
    If you're one of the few, then read and study this paper:

  29. Two minor changes in the foregoing remarks: '225 yrs ago' and 'Sept. 1787'.

    Also, I would like to add a remark about the motto, e pluribus unum, The word plus is a comparative not the positive. Therefore a correct translation of e pluribus unum is 'out of more, one'. You can say 'out of more and more, one' with e pluribus pluribusque unum.

    The popular translation is misleading as, probably, most of the great Founding Fathers were aware given their broad education in languages such as Latin. (Some, I've read, knew Greek and Hebrew.)

  30. involuntarycashcow says:

    I do not know who I hate more, the government, the black robes, or the public who voted for Obama. Next bus out of town, let them all be under it. The Supreme court just struck down major parts of Arizona's Immigration Law today making this another win for the road to serfdom. Why do they not kick these judges out after 4 terms? It's like they have a lifetime tenure where only death will remove them. If they do not strike down Obamacare the US will be destroyed and there will no longer be a way for any peaceful revolution. Reading this article made me sick at heart. What a degenerate nation we have become. Lazy of mind and lazy of body. If only that 10 percent who actually understood Dr. Paul's message (and I am not referring to Rand) could multiply exponentially overnight. If only…

  31. USA gone says:

    Our constitution was destroyed when he took office! He isn't leaving…if every man woman and child in this country voted against him there is no way to prove other wise. There is only one way for WE THE PEOPLE to get him out!! It's called a Revolution and this W.H. knows people are to busy with their cell phones. The few others? He is ready for them.

  32. USA gone says:

    Excuse me Paul T. I am a 58 yr. old woman and I have had a very good and blessed life living under this "dead concept"…your an idiot.

  33. USA gone says:

    Enjoyed that Raymond…so true! Think I'll use it. 🙂

  34. Hmmm. If the "USA [is] gone", then what's the problem with exposing the hoax?

    Now, neither your verbal abusiveness nor your poor grammar can undo the hoax wrought by Washington, Publius, and so on. In fact, your quick resort to abuse is all that one needs to conclude fairly that you have no good ideas relevant to the topic at hand. I'd be suprised if even you knew what I mean by 'Publius'.

    But at least you're comfortable. After all, your personal comfort is much more important than trite ideals such as liberty, justice, and truth. Now, knowing what we do about you, allegedly a "58 yr. old woman" and probably a long-time conniver, should anyone be suprised if you have a sense of entitlement to benefits from the Social Security Admin.? Or bad habits in common with the leftwing reactionaries who threw temper tantrums early last year in Madison?

    One more thing: Thanks for your confession that you've benefitted greatly from fraud. Next time, however, post your confession with your name, too. Go on, girl. Give it a go.

  35. The "Do nothing" Congress needs to impeach this Muslim Communist at once!

  36. S.W.P. …CA.
    They will only and soon get it when there are no consumers left to buy their junk that they off-shored to China.But it will be to late for the citizens and the 1 to 3 percent will be in hiding.

  37. i love these "vote 'em out" jokers. question: and replace him with whom? another empty
    paid off shill…c'mon, get real. game is over.

  38. You the voters that elected him over McCain are not "we the people"? Wow!

  39. BetterDayInAmerica says:

    Why is it only your position that is right for America? If some disagree with you, they should be run down by the next bus out of town. Why don't you follow your own dictate…America, Love it or Leave it! It is a new day caveman and get with the program or get out of the way!

  40. truthteller says:

    You are an idiot

  41. Why is it any of your business what other people pay in taxes if you aren’t the one being ask to pay? You certainly will not benefit from their higher taxes it’s just the government taking more of someone elses “earned” income so they, (the government) can have it for themselves.