The How and Why of the Direct Constitutional Repeal of Obamacare

When the Constitution was drafted, the Founders were concerned with too much power being vested in one person or group of people.  The most obvious expression of this concern was the separation of powers that sought to divide power between the Executive, Legislative, and Judicial branches of the federal government.  But the Founders also sought to balance power between the states and the federal government.  One way in this is achieved is in the amendment process specified in Article V.

Article V requires that any amendment to the US Constitution be ratified by three fourths of the states.  However, an amendment can be proposed in one of two ways.  The first is through the action of Congress, and this is how every existing amendment has been proposed.  The second method of proposing an amendment is through state-led action.  That is, if two thirds of the states apply to Congress, Congress shall call a Convention for proposing Amendments, which would convene and determine the exact language of the amendment.  Note that the US Constitution states that Congress shall call the Convention for proposing Amendments; Congress has no discretion in the matter; the US Constitution compels them to act.  Once the language of the amendment is determined, the amendment goes to the states, and the amendment becomes part of the US Constitution upon ratification by three fourths of the states.

Thus, the Founders placed within Article V, a method of amending the Constitution that did not require the consent of Congress, the judiciary, or the President.  The Founders saw the federal government as a necessity, but also recognized that one day it could become unresponsive to will of the people.  That day has come.

The passage of The Patient Protection and Affordable Care Act, Obamacare, was an act of a Congress and Executive branch in direct opposition to the will of the majority of Americans.  The scope of Obamacare is unparalleled, giving federal control to one sixth of our economy, yet it was passed along strict party lines using questionable parliamentary maneuvers.  This effort seeks to repeal Obamacare in its entirety, clearing the way for reasonable targeted reforms to our healthcare system.

As the passage of Obamacare was an unprecedented act by the federal government against the will of the people, it demands an unprecedented response by the people.  That is why today, we are calling for a Convention for proposing Amendments to be held by the states, which will propose an amendment to the US constitution that will read:

Public Law No. 111-148, The Patient Protection and Affordable Care Act, and any amendments thereto, are repealed.

Or in plain language: "Obamacare is repealed."

The Founders foresaw the day the federal government would overreach and act against the will of the people.  In their wisdom, they provided a means for the states to respond.  Today, we propose using that means.

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Comment by Cathy Mitchell on May 5, 2011 at 6:48pm
In listening to a course on "The Great Debate" - between the Federalists and anti-Federalists at the time the Constitution was drafted, I was simply amazed at the forethought and great wisdom of the people at the Constitutional Convention. We take the Constitution for granted now, but complacency and apathy will lead our country down a path we don't want to follow - one of tyranny.

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