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Statement on Ken Cuccinelli regarding Virginia's Challenge to ObamaCare

The U.S. Court of Appeals for the Fourth Circuit heard Virginia’s challenge to the federal health care act today in Richmond. The three-judge panel, which was randomly selected, included two Obama appointees, James A. Wynn, Jr. and Andre M. Davis, and one Clinton appointee, Diana Gribbon Motz, could decide the fate of this appeal. Whether the appeal is sustained or overturned, this case will likely be headed to the U.S. Supreme Court. The audio from today’s hearings can be heard here.

Attorney General Ken Cuccinelli made the following statement regarding today’s hearing:

Today we took Step Two in a three-step process. As Judge Motz noted, the legal questions raised today are questions that will be answered in another court in another time.

I am going to give you an overview of the case as a whole, then I will get to the specifics of today.

Virginia has argued that the mandate that every person must buy government-approved health insurance violates the Constitution. Using the Constitution’s Commerce Clause to force people to buy a product goes beyond Congress’s power. This is why I have said all along that this is about liberty, not health care.

The insurance mandate penalizes people for not engaging in commerce. In other words, you can get fined for doing nothing.

Virginia has also argued that the penalty the government wants to charge if you do not buy health insurance is not a tax. The government cannot start calling the penalty a tax to try to make it legal under Congress’s taxing authority. Congress and the president passed it as a penalty, not a tax; it works as a penalty, not as a tax.

The federal government argued in court today that it should have unlimited authority in your lives, including the authority to regulate – i.e. dictate – your decisions, not merely your actions. The questions from the panel today indicated the judges struggled with this unprecedented exercise of authority.

If we cross this constitutional line with health care now – where the government can force us to buy a private product and say it is for our own good – then we will have given the government the power to force us to buy other private products, such as cars, gym memberships, or even asparagus. The government’s power to intrude on our lives for our own good will be virtually unlimited.

Virginia is fighting for the system of limited government created by our Founding Fathers. The Constitution’s limitations on federal power mean something. Even the president and the Congress must act within the rules set forth in the Constitution. That separates the American experience from many other countries, and it is a principle worth fighting for. As attorney general of Virginia, I took an oath to protect the Constitution, and I’m keeping that oath.

You heard about standing today. The federal government thinks it can tell the states to disregard their own laws – like it is doing with Arizona, but then also says the states do not have the same right to challenge federal laws in court. That is not how our system of government is set up. The founders set it up so the states were a check on potentially overreaching federal authority.

Virginia has a law – passed on a strong bipartisan basis – to protect Virginians from an individual insurance mandate. We are in the Fourth Circuit today because the U.S. Supreme Court has said that every state may defend its code of laws. In addition to protecting the U.S. Constitution, today we are also fighting to protect Virginia’s Health Care Freedom Act.

I have said all along that this lawsuit is not about health care. It is about liberty. At the same time, I understand that people want more affordable health care, and I sympathize with people who honestly cannot afford it. As a state senator, that was a problem I tried to address by trying to pass a law to allow our citizens to buy better or cheaper plans in other states.

But as someone who has sworn to uphold the law, I cannot endorse taking away the rights of all so that government can provide health care to some.

Yes, parts of our health care system need to be fixed. Yes, expenses are out of control. Yes, not everyone’s needs are being met. But there are better solutions than giving up our freedom.

With this ongoing court battle, there is a great deal of uncertainty for states, individuals, and businesses as to whether this law will be around two years from now or not. We need this resolved as quickly as possible – for the good of our people and our economy. We want to know where Virginia and the nation stand as soon as possible and before billions are spent complying with a law that we clearly think is unconstitutional.

We hope to hear from the Fourth Circuit sometime this summer. Then, we hope to move on to the Supreme Court.

Kudos to Attorney General Cuccinelli for standing up for our constitutional liberties. The federal health care act is unconstitutional, as people should be allowed the right to choose whether or not they want or need health care coverage. This law also places immense strain on small business owners, who are often fledgling to make payroll, etc.

Have we forgotten the Constitution?

As we approach the upcoming elections, there is no doubt that a great transition will be taking place in Congress with the Democrats losing power to the Republicans. With the current leadership in Congress abandoning their responsibilities of representing those who elected them to office, one has to look at the transition as being a good thing. However, there is something else that needs to be examined. Will these new legislators listen to the voters and adhere to constitutional principles, or will they continue to be in the pockets of special interests?

Today, I was reading an article that a friend sent to me about reclaiming the Constitution.

Needless to say, it inspired me to write this post as the memories from 1994 came flooding back. During the Republican Revolution of 1994, there was a great rise by these new Congressmen (and women) to put America back on the right track. However, as we had learned, power began to corrupt many legislators and we ended up losing seats each election cycle. All along the way, it seemed like both the GOP and the Democrats were playing to the special interests, while forgetting about the Constitution.

Special interests do not equal adhering to the Constitution. Instead, they were trampling on our liberties by influencing our leaders to support more regulations and increased government spending. The new leaders should always be reminded that the American people elected them to represent their interests and to never forget the founding doctrines of our country. Hopefully, principle will prevail over the taste of power and special interests.

Ken Cuccinelli on the Lawsuits Against Obama's Health Care Plan

http://vimeo.com/moogaloop.swf?clip_id=10340477&server=vimeo.com&show_title=1&show_byline=0&show_portrait=0&color=&fullscreen=1

Ken Cuccinelli on suing the federal government from Beehive Video on Vimeo.

Health Care Aftermath

Last night, the U.S. House of Representatives passed health care reform legislation (219-212) that will dramatically impact Americans, especially those receiving public assistance in Virginia. Aside from Congress’s actions to rob the American people of their liberty to choose whether or not to be enrolled in a health insurance plan, there is no doubt that negative ramifications and aftershocks will occur in the days ahead, particularly if President Obama signs the bill into law.

Let’s take some insight into what the health care reform proposals will entail. Brian over at Too Conservative has a great post detailing what the new health care legislation will do over time, while The Wall Street Journal offers a glimpse into each of the proposals that were at one point on the table.

Meanwhile, others have weighed on the health care legislation. Rep. Bob Goodlatte (R-Va.) released the following statement:

“For nearly a year now the American people have rejected the Democrats’ health care proposals. They have sent letters and e-mails, made phone calls, attended town hall meetings and come to Washington to rally at the Capitol. Their message has been simple and consistent: We don’t want a government takeover of our health care system.

With complete and total disregard for the will of the American people, House Democrats pushed through their health care legislation, which is defined by federal regulations, mandates, a myriad of new big government programs, and a significant increase in federal spending and debt at a cost to our country too high to bear. This legislation, which I voted against, gives Washington bureaucrats ultimate control over what is best for you and your family – deciding when and what treatment you can receive.

I know Americans are frustrated by rising health care costs, and that is why we in Congress must work in a bipartisan way to cut health insurance costs and make health care better, more available, and more affordable for all Americans. Unfortunately, the only thing bipartisan about the health care bill that passed the House tonight is the strong bipartisan opposition to the bill. It raises taxes, raises health care costs, adds to our national debt, and hurts America’s seniors, families and small businesses.

Specifically, the Democrats’ health care bill includes $569 billion in new taxes and over a trillion dollars in new government spending. This includes $52 billion in new taxes on employers, including small businesses, that cannot afford to provide health coverage or that don’t offer coverage. The effect of this type of tax, similar to a payroll tax increase, would ultimately fall squarely on workers in the form of lower wages or reduced employment. Additionally, the legislation includes $17 billion in new taxes on Americans who do not comply with the individual insurance mandate which is sure to further stifle economic growth.

Additionally, the Democrats’ health care bill includes $523 billion in Medicare cuts, including $200 billion in cuts to the popular Medicare Advantage program which will hurt millions of seniors.

It’s your job to make health care decisions for your family. The government’s job is to ensure you have access to affordable alternatives and then get out of the way. That is why I strongly support the Republican alternative that would empower patients with choices, make high quality coverage more affordable, and protect and preserve the doctor-patient relationship. Unlike the Democrats’ plan, the non-partisan Congressional Budget Office has confirmed that the plan offered by House Republicans will lower premiums by up to 10 percent and reduce the deficit by $68 billion over 10 years, all without imposing tax increases on families and small businesses and while improving the quality of your health care. It allows for the purchase of health insurance across state lines, allows individuals and small businesses to join large pools to get more competitive rates, provides tort reform to cut down the high cost of defensive medicine, allows full tax deductibility of health insurance premiums, portability of health insurance and protection against pre-existing condition exclusions. This legislation, that I support, focuses on strategies that help Americans obtain the best quality health care at the least cost, and ensures that the government fosters increased access to quality care based on individual choice, not by taking away choices from people on the grounds that government knows best.”

RPV Chairman Pat Mullins released the following statement in response to the House Health Care vote:

“Let me be perfectly clear. The action taken in Congress tonight will forever alter the size and scope of our Federal government. The legislation that the Obama/Pelosi Democrats forced on the American people tonight will bury our children, grandchildren, and great-grandchildren in mountains of debt,” Mullins said. “Bureaucrats in Washington D.C. will now know better than you and your doctor what medical treatments you need. And our federal government will become more entwined with our daily lives than our founding fathers could have ever imagined.”

“Ultimately, Congressmen Gerry Connolly and Tom Perriello cast the deciding votes on this legislation. They had the opportunity not once, but twice, to stand up and listen to their constituents, but each time they choose to stand with their party bosses,” he said. “They had the power to stop this monstrosity, but they chose not to act.”

“While Congressmen Connolly and Perriello may have cast tonight’s decisive votes to allow for the federal takeover of our healthcare system, it was Senators Mark Warner and Jim Webb who cast the deciding votes in the Senate in the dead of night on Christmas Eve that made today’s legislative fiasco possible. Had either Senators Warner or Webb listened to the people of Virginia, we wouldn’t be here tonight. They too will ultimately be held responsible for the actions that took place in Congress today.”

“In one fell swoop, Congressmen Connolly and Perriello, along with Senators Warner and Webb have:

• Put Virginia taxpayers on the hook for sweetheart deals in Nebraska, Louisiana, Florida, Hawaii and others.
• Raised taxes by nearly $1 trillion on individuals and businesses, including the first ever tax on simply being alive.
• Turned the IRS into the national health insurance police.
• Levied a huge unfunded mandate onto Virginia and other states that will either require tax increases or cuts to core services like education and public safety.
• Made it highly likely that dozens of states will pull out of the federal Medicaid program.
• Set the stage for either crippling levels of deficit spending, or the collapse of Medicare as we know it.

“Thousands of Virginians called their member of Congress, Senator Warner, and Senator Webb, emailed them, faxed them, attended town hall meetings, met privately with them, traveled to Washington D.C. and voiced their opposition to this legislation,” he said. “Despite all of their efforts, they could not force Congressmen Connolly and Perriello and Senators Warner and Webb to vote for the will of the people.”

“Unfortunately, Congressmen Connolly and Perriello, Senators Warner and Webb have made their choice and the people of Virginia will have to deal with the consequences,” he said. “While the people of Virginia may not have been heard tonight, I can guarantee you that they will be heard this November when Congressmen Connolly and Perriello become one-term Members of Congress.”

Lastly, Governor Bob McDonnell released a statement on the House Health Care vote:

“Expanding access to reasonably priced quality healthcare is a bipartisan goal. We all agree that we must make it easier for Americans to purchase and retain health insurance.

However, this massive and complex piece of legislation allows the federal government to exercise control over one-sixth of the United States economy. The continued intrusion of this Congress into the free enterprise system, and the placing of new mandates on states, is shocking to the American system of federalism. Most disconcerting is the provision mandating that every American must purchase health insurance or face a monetary penalty. This is an unprecedented expansion of federal power. It is hard to imagine our Founder’s agreeing that the United States Constitution permits Congress to mandate the purchase of a good or service under penalty of law. Just a few days ago I approved a bill, passed on a bipartisan basis, which prohibits mandatory insurance purchases for Virginians. Virginia’s Attorney General has rightly chosen to challenge the constitutionality of the federal mandate. I anticipate that he will be joined by a number of other states. The issues raised by Attorney General Cuccinelli require a full and prompt review by the judicial branch.

While individuals face a mandate in this legislation, so too do the states. The proposed expansion of Medicaid is an historic unfunded federal mandate on the states. This expansion will put at least 400,000 more individuals on Virginia’s Medicaid rolls. The Virginia Department of Medical Assistance Services has estimated that it will cost the Commonwealth an additional $1.1 billion by 2022. Virginia, and the other 49 states, will bear the financial burden of one of the biggest unfunded mandates in the history of our nation. This will have a significant and unavoidable impact on the bottom line of our state budget, and the general fiscal welfare of Virginia. We simply cannot afford this expansion.

The bill will cut over $500 billion from Medicare, and may reduce the quality of the care our seniors depend upon. The Medicare system is already underfunded and overburdened. This legislation only exacerbates the problems facing the system.

This legislation will raise taxes on individuals and businesses. Our small business owners, who generate nearly 98% of the new jobs in Virginia, will see their taxes go up. This will occur at the same time that federal tax cuts from the early part of last decade expire. We will face significantly higher federal taxes at a time when we need to be keeping taxes low and freeing capital for job creation and economic development. It can also be anticipated that Virginians’ insurance premiums will increase in the years ahead after passage of this legislation.

I am further disappointed that a bill so massive in size is so limited in its approach. Congressional Republicans were right to call for allowing the purchase of health insurance across state lines, and this provision should have been included in the bill.

States have long been leaders in the effort to identify and implement innovative healthcare solutions. Regardless of the future of this legislation, we must continue to play that important role in our federal system. In Virginia we will promote incentives for the purchase of long term care, and promote individual medical savings accounts. We will focus on preventative health and combating obesity. We will study our medical delivery systems with the objective of reforming them to work better for our citizens. Free clinics are an important piece of the coverage equation, and I will look for ways by which the Commonwealth can help with the expansion of these important facilities. We will be aggressive in finding every way by which we can reduce the cost of our Medicaid system, which has already grown 1600% in the past 25 years. It is unsustainable.

Every American should have the opportunity to purchase good quality healthcare coverage. But we will not improve our healthcare system by implementing a massive one-size fits all federal policy that dramatically increases the deficit, puts unprecedented mandates on states and individuals, and jeopardizes the good coverage most citizens already have. I am disappointed in the passage of this bill, and I thank the bipartisan majority of Virginia’s congressional delegation for voting against it.”

The aftermath is far from over. If this is signed into law, there will be several challenges in the judicial system in regards to the unconstitutional nature of the legislation. Virginia Attorney General Ken Cuccinelli is one who is prepared to file the case that very day. Right now, it is a wait and see period to see if the U.S. Senate will follow suit in passing this detrimental legislation that violates the liberty to choose health care (a privilege…not a guarantee) coverage.

Cuccinelli Prepared to Sue the Federal Government

Attorney General Ken Cuccinelli appeared on both MSNBC and Fox News yesterday. On both channels, he indicated that he is prepared to sue the Federal Government should Congress’ health care legislation is passed on the basis of recent legislation (HB 10, which was patroned by Del. Bob Marshall (R-Manassas)) and the unconstitutionality of “deem and pass” (or the Slaughter Rule).

Kudos to Cuccinelli for standing up for our Constitutional liberties here in the Commonwealth.

MSNBC Clip:
http://www.msnbc.msn.com/id/32545640

Visit msnbc.com for breaking news, world news, and news about the economy

Fox News Clip:
Watch the latest news video at video.foxnews.com

A View of the Constitution

guest post by Theorist D

The U.S Constitution is a contract between the citizens of the United States and their government.  The Citizens of the United States pay taxes to their government, the contractor, so the government may provide security and act as a neutral arbiter in conflict.  Payment of taxes by citizens obligates the government to provide national security of both a physical and a financial nature.  This security allows citizens to spend their time and resources pursuing their own self interest.  Ultimately, this paradigm places U.S. citizens as superior to the government, which naturally places the government in a position of inferiority.  Due to a combination of political ambition and public apathy, this paradigm has been inverted over the past 200 years.

We no longer find citizens as the dictators of public policy, but rather government as the micromanager of private life.  Government heavily influences individuals through regulations and tax policy by picking who starts businesses, and what business opportunities may be pursued.  Opportunities perceived by government as “for the public good” are blessed by government’s removal of inhibitory regulations or by the award of tax credits.  On the other hand, opportunities and pursuits to which government is either indifferent, or perceives as “contrary to the public good” are rendered nearly impossible through regulation and taxation.  This attack on individualism is diabolically opposed to our founding document’s statement that each citizen “has a right to live, liberty and the pursuit of happiness.”

The best way to reverse this trend of government intrusion is to teach and advocate the same rigid individualism applauded in our founding documents.  Succeeding generations must be taught that the United States Constitution is a contract for security and procedure, providing for the pursuit of their dreams and interests.  At the same time, they must also be taught that the United States Constitution is NOT a contract for governmental micromanagement.

NRN Interviews Rep. Ron Paul

Adam Bitely of NetRightNation featured an interview with Congressman Ron Paul, who talked about his bill to audit the Fed, H.R. 1207. One thing is for certain that this will be holding those within the Federal Reserve accountable for their actions.

Interview with Bob Marshall

This is the last in the CCC Interview series. Bob Marshall stopped by for an interview with me during last Saturday’s RPV Convention. Marshall stopped by to discuss the principles we need to embrace if we want to get back on track, how his campaign is going, and the issues we need to address. There is no doubt that we need more leaders like Bob Marshall, whether they are serving in Congress, at the State level, or on the local level. To learn more about Marshall, check out his website.

Before I forget, I would like to thank the House Republican Caucus for sponsoring the media studios, Steven Albertson and Cortland Putbrese for their work with the RPV New Media Committee, Greg of Black Velvet Bruce Li for his assistance and patience with someone who has no on-air interview experience, and those who have helped in making the mini media studio happen at the RPV Convention.

http://vimeo.com/moogaloop.swf?clip_id=4956431&server=vimeo.com&show_title=1&show_byline=1&show_portrait=0&color=&fullscreen=1

CCC: Interview with Bob Marshall from Krystle Weeks on Vimeo.

Is Health Care a Right or a Privilege?

Do you think health care is a right or a privilege? While most would consider it a right, I consider it a privilege. As Americans, you can purchase health care coverage that can be tailored to your needs or you can receive these benefits through your employer. However, it is not a right, as it is not guaranteed to everyone. In fact, if it were guaranteed to everyone, this would be the push towards universal health care. Listen to this debate (featured in the video below). In fact, we should be addressing the high cost of health care, and how we can lower the cost in a common sense fashion.

Health care is a privilege, as there are many Americans who choose whether or not they want health care coverage. Some cannot afford the coverage, while there are some who can afford coverage. It is the choice that many have to face in the morning. If it is a right, then prepare yourselves for long waiting lines for life saving procedures, physicians having to choose whether or not they can practice in this country, and losing the life saving innovative procedures that America is known for.

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