"Most people in their right-thinking mind know that the Tenth Amendment is a bunch of baloney." [audio available here]
That according to brilliant constitutional scholar MSNBC's David "biased in favor of facts" Shuster, who matter-of-factly insists the "general welfare" clause in Article 1 of the Constitution "unambiguously authorizes" social welfare spending like "social security, Medicare, veterans' care, etc."
Shuster made his comments today shortly after 4:30 p.m. EDT in reaction to Minnesota Gov. Tim Pawlenty (R), who recently suggested that Tenth Amendment grounds could be a means of opposing as unconstitutional certain Democratic health care proposals.
See the video in the embed at right.





















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Comments Policy
BILL OF RIGHTS...
Fri, 09/11/2009 - 17:14 ET by danybhoyShuster does'nt know a damn thing about our constitution, just like most liberal/progressives. You know David, the 1st Amendment does'nt mean too much either to the thugs you blindly follow, shall we ignore that as well? You would...
"...How blind can you be, don't you see...
...that the gambler lost all he does not have..."
Nightwish
It is not about health care --- READ THIS!
Fri, 09/11/2009 - 21:32 ET by MaximusBraveheartJUST IN! This was GREAT. Atty. read it!:
----------------------------------------------------
THE TRUTH ABOUT THE HEALTHCARE
BILLS ?
__________________________________
Sent: Wednesday, September 09, 2009 12:51
PM
Subject: It is not about health care
Well, I have
done it! I have read the entire text of proposed House Bill 3200: The Affordable
Health Care Choices Act of 2009. I studied it with particular emphasis from my
area of expertise, constitutional law. I was frankly concerned that parts of the
proposed law that were being discussed might be unconstitutional. What I found
was far worse than what I had heard or expected.To begin with, much of what has
been said about the law and its implications is in fact true, despite what the
Democrats and the media are saying. The law does provide for rationing of health
care, particularly where senior citizens and other classes of citizens are
involved, free health care for illegal immigrants, free abortion services, and
probably forced participation in abortions by members of the medical
profession.The Bill will also eventually force private insurance companies out
of business and put everyone into a government run system. All decisions about
personal health care will ultimately be made by federal bureaucrats and most of
them will not be health care professionals. Hospital admissions, payments to
physicians, and allocations of necessary medical devices will be strictly
controlled.
However, as scary as all of that it, it just scratches the
surface. In fact, I have concluded that
this legislation really has no
intention of providing affordable health care choices. Instead, it is
a
convenient cover for the most massive transfer of power to the
Executive Branch of government that has ever occurred, or even been
contemplated. If this law or a similar one is adopted, major portions of the
Constitution of the United States will effectively have been
destroyed.
The first thing to go will be the masterfully crafted balance
of power between the Executive,
Legislative, and Judicial branches of the
U.S. Government. The Congress will be transferring to the Obama Administration
authority in a number of different areas over the lives of the American people
and the businesses they own. The irony is that the Congress doesn't have any
authority to legislate in most of those areas to begin with. I defy anyone to
read the text of the U.S. Constitution and find any authority granted to the
members of Congress to regulate health care.
The paragraph below is
really frightening
This legislation also provides for access by the
appointees of the Obama administration of
all of your personal healthcare
information, your personal financial information, and the information of your
employer, physician, and hospital. All of this is a direct violation of the
specific provisions of the 4th Amendment to the Constitution protecting against
unreasonable searches and seizures. You can also forget about the right to
privacy. That will have been legislated into oblivion regardless of what the 3rd
and 4th Amendments may provide.
If you decide not to have healthcare
insurance or if you have private insurance that is not
deemed
"acceptable" to the "Health Choices Administrator" appointed by
Obama there will be a tax imposed on you. It is called a "tax" instead of a fine
because of the intent to avoid application of the due
process clause of
the 5th Amendment. However, that doesn't work because since there is nothing in
the law that allows you to contest or appeal the imposition of the tax, it is
definitely depriving someone of property without the "due process of
law."
So, there are three of those pesky amendment that the far left hate
so much out the original
ten in the Bill of Rights that are effectively
nullified by this law. It doesn't stop there though. The
9th Amendment
that provides:
"The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained by the
people;"
The 10th Amendment states: "The powers not delegated to the
United States by the Constitution, nor prohibited by it to the States, are
preserved to the States respectively, or to the people." Under the provisions of
this piece of Congressional handiwork neither the people nor the states are
going to have any rights or powers at all in many areas that once were theirs to
control.
I could write many more pages about this legislation, but I
think you get the idea. This is not about health care; it is about seizing power
and limiting rights. Article 6 of the Constitution requires the members of both
houses of Congress to "be bound by oath or affirmation" to support the
Constitution. If I was a member of Congress I would not be able to vote for this
legislation or anything like it without feeling I was violating that sacred oath
or affirmation.
If I voted for it anyway I would hope the American people
would hold me accountable.
For those who might doubt the nature of
this
threat I suggest they consult the source. Here is a link to
the
Constitution:http://www.archives.gov/exhibits/charters/constitution_transcript.html
And
another to the Bill of Rights:
http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html ;
There you can see exactly what we are about to have taken from
us.
Michael Connelly, Retired attorney,
Constitutional Law
Instructor
Carrollton , Texas
http://us.mc318g.mail.yahoo.com/mc/compose?to=mrobertc@hotmail..com
Michael Connelly
Author of "The Mortarmen"
www.trafford.com/04-2710 and "Riders in
the
Sky: The Ghosts and Legends of Philmont Scout Ranch"
I also
teach law courses via the Internet through colleges and universities worldwide..
To find a college or university near you, go to Education To
Go's website
at http://www.ed2go..com/ .
Ass Clown - Shuster
Fri, 09/11/2009 - 17:22 ET by jdlybrandHe's lobbying hard for Olberman's slot once they finally put Keith in a padded cell.
"What a revoltin' development this is!"
Chester Riley
jdly... Where has
Fri, 09/11/2009 - 17:31 ET by bigtimerjdly...
Where has Matthews been...warming up the padded cell for Olbie, heck, I was hoping they would go on the buddy plan, Shuster will not be that far behind no matter what.
'Go Green...Recycle Congress'
hey bt
Fri, 09/11/2009 - 19:52 ET by jdlybrandGuess they're all waiting for their new 'Government Health Care" to kick in. Probably too cheap to carry their own policy. Who the heck would be crazy enough to include an 'Insanity Clause' for them anyway?
"What a revoltin' development this is!"
Chester Riley
BT: Where is Tingles? Why he is still in the mourning period
Sat, 09/12/2009 - 07:48 ET by SickofLibsWhy else was he so conspicuously absent from the nonstop coverage of The Greatest Healthcare Speech Of Our Lifetime?
Figure late October or so before he can speak without blubbering uncontrollably.
I Tell Ya...
Fri, 09/11/2009 - 17:22 ET by FuzzlenutterI've scraped goey things off the bottom of my shoe that have more appeal than David Shuster...
Fn... ROFL! Good one.
Fri, 09/11/2009 - 17:32 ET by bigtimerFn...
ROFL!
Good one.
'Go Green...Recycle Congress'
Oh, really?
Fri, 09/11/2009 - 17:25 ET by MudhenLet's see:
Article 1, Section 8 goes into the limited & enumerated powers of
the congress. Its very specific if he actually read it.
And since many of the those involved in writing it felt that wasn't enough
and wanted to prevent Congress from over-reaching its specific authority they
added:
9th Amendment: The enumeration in the Constitution, of certain rights, shall
not be construed to deny or disparage others retained by the people.
10th Amendment: The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the States
respectively, or to the people.
The General Welfare clause is purposely misread by politicians and
others seeking to justify what the consititution otherwise does not allows.
Cage the Monster
Fri, 09/11/2009 - 17:46 ET by ptsonUsing Shuster's logic, NOTHING would be prohibited by the Constitution? That is the opposite of the "limited government" the likes of Jefferson and Madison wrote about. The monster federal government is walking all over its creators, the states. The tenth ammendment is their for the protection of the people. These marxist think they can pick and choose which parts of the Constitution they can follow or ignore. VOTE THEM OUT ! Anyone who spits on our Constitution should be gone! McCain and Feingold should be first!
Yeah, Shyster only wishes it was baloney
Fri, 09/11/2009 - 18:03 ET by R D Helm-Dave
I agree with Rush. It's time for Obama to resign.
I think I'll send David a
Fri, 09/11/2009 - 18:13 ET by black47211I think I'll send David a US Constitution Coloring Book so he can educate himself on what the hell he is saying.
Ah, who am I kidding? The coloring book has words, so...it might be above his ability.
http://www.pelicanmarsh68.blogspot.com
Coloring book?
Fri, 09/11/2009 - 19:57 ET by jdlybrandDon't bother. No way he could stay inside the lines!
"What a revoltin' development this is!"
Chester Riley
True, true...but what if I
Fri, 09/11/2009 - 20:18 ET by black47211True, true...but what if I sent him some of those washable markers like the kindergarteners use these days? Even if he gets all messy, we can still clean him up.
http://www.pelicanmarsh68.blogspot.com
Well...
Fri, 09/11/2009 - 20:29 ET by jdlybrand...a polished turd is still a turd! :-)
"What a revoltin' development this is!"
Chester Riley
The Constitution has been ignored
Fri, 09/11/2009 - 18:24 ET by richb313If you really study history the Constitution has been systematically ignored since the Civil War. While Lincoln may have saved the Union he also put us on the path of a much more powerful Federal Government. The next big offender of real signifigance was Franklin Roosevelt who stepped on the Constitution with impunity. His threat to pack the Supreme Court so scared the justices they eventually rolled over. The Interstate Commerce Clause being the door they stuck thier foot through. That and General Welfare has been used time and time again to get around the clear meaning of the words in te Constitution. Unfortunately we have become so dependent on our Federal Government to solve all our problems, feed the hungry, heal the sick, and so on that there is no practical way back.
We now live in a country that no longer resembles in any way the country that thousands fought and died for when it was founded. I see no way back. All we can really do is try and stem the rising tide of Government Control of Everything and Everyone. Good luck with that. I would like to believe that a return to Conservative principles would or could correct this situation but alas the Goverment has grown too large to control. I am not calling for any revolution as the costs in blood are too high but I am calling for people to finally understand that when Government helps it also cripples.
If we really want to take our country back never ever re-elect anybody to anything. We should also do everything in our power to finally kill the Party System as what the party system really does is constitue an un-elected shadow government that is pulling the strings.
OK, off my soap box now. I just get frustrated and frankly P.O'd when idiots say that an Amendment to the Constitution is Baloney.
"Unfortunately we have
Sat, 09/12/2009 - 08:53 ET by NL207"Unfortunately we have become so dependent on our Federal Government to solve all our problems, feed the hungry, heal the sick, and so on that there is no practical way back."
Nothing could be further from the truth.
The Federal Government, in 80 years of 'trying' has succeeded in solving NONE of the problems you cite. It has failed miserably. We are depending on nothing because nothing, except tyranny, is what the government has actually delivered.
The way back is a rocky road. We need to become as aggressive about Liberty as Obama and his thugs are about imposing the will of the state on the people.
Someone should tell that
Fri, 09/11/2009 - 19:10 ET by KJ_sezSomeone should tell that ignorant gasbag that there's no first amendment right to a free press - since that's just a baloney issue - and he should shut up. I can hear the porcine squeals now...
Shuster is a "cafeteria American"
Fri, 09/11/2009 - 19:29 ET by KC MulvilleThe general welfare clause is not an enumeration of power. It's a hortatory explanation of why the powers are being granted, but it itself is not an enumeration of a power. The clause specifies no power; it empowers nothing.
One wonders why Shuster would respect the authority of one part of the document, but dismiss the authority of another part of the same document. The authority comes from the entire document. This, especially when the part he respects is a non-specific general clause, and the part he denies is a specific, deliberate statement.
We Catholics see this picking and choosing everyday. Obviously, this moron Shuster is a cafeteria American.
KC: I'm sure you
Sat, 09/12/2009 - 16:46 ET by stratmanKC:
I'm sure you understand that Shuster does not know an enumeration from his elbow. But you may not know that Shuster was once asked to use "hortatory" in a sentence. to which he responded"
Shuster is a meatheaded moron. No wonder our society is dumb-downed.
LOL
Sat, 09/12/2009 - 23:30 ET by KC MulvilleTed Baxter lives!
KC...
Sat, 09/12/2009 - 20:19 ET by danybhoyYou mean there are people like Shuster who enjoy all the freedoms & protections that the US Constitution/Bill Of Rights provide, but think that you can pick & choose what you like about it without damaging it?
This guy does'nt know crap about the the Constitution or the Bill Of Rights, he is an idiot on TV every so often. The problem Shuster has, is that most people don't know who the hell he is, & those who do, don't respect his "journalism".
"...How blind can you be, don't you see...
...that the gambler lost all he does not have..."
Nightwish
Worthyness
Fri, 09/11/2009 - 19:44 ET by nadadhimmiShuster is not qualified to empty the chamber pots of the Founding Fathers.
Because helping people
Fri, 09/11/2009 - 20:15 ET by RR GOPBecause helping people trumps the Constitution and everything else. Awwwww....
I keep wondering exactly what it will take to get the Libtards, the flamers, and the black racists to be happy and shut the hell up.
The answer is simple. NOTHING. They will always demand more and more and more.
One of the 34% who thinks George W. Bush was a great President. One of the 86% who wants to bring back the stock and pillory.
muppet logic
Fri, 09/11/2009 - 20:20 ET by katainkentI would wager this is the first time he's ever ackowledged the existence of the constitution outside of the first ammendment. And if I may plead that there be a full transcript next time. This is the first time I've had to listen to that man voice and it was not pleasant.
Hmmm? A constitutional
Fri, 09/11/2009 - 20:37 ET by EdhenryHmmm? A constitutional amendment is "balony".
Or Thomas Jefferson?
Which do i chose? This is a hard one.
Practice?
Fri, 09/11/2009 - 21:19 ET by JPR1Do these people practice being sophomoric? Training sessions with video critique by carefully chosen 13 year olds? Do they have their own style manual dictating the proper use of the “snarky quip” or the “condescending eye-roll”?
This guy is little more than a two bit stand-up act.
And rusty David? Rust can be treated sport. The corrosion between your ears is terminal.
General Welfare
Fri, 09/11/2009 - 22:46 ET by KarmaA government payment, in any form, to a specific individual is not "general" welfare.
Floating a barge, laden with pots of gold, on the reflecting pond at the national mall and broadcasting "come and get it!"; now that's general welfare. Among other things. I think were almost there. God have mercy on us.
Healthcare...Food...Education...Housing... - What sprouted as free for some is maturing into a free-for-all.
Would Shuster represent himself in court?
Fri, 09/11/2009 - 23:51 ET by AtTheWaterCoolerI hardly think he is a qualified attorney to look at the issue from a point of law view. Anybody who reads the bill of rights can understand what it sayes. And the historic special signifcance that if it did not exist the constitution would not of been put in place. And statements from founders that say there is no reason to list under the General welfair clause what is covered if the list under it covered everything.
Linked to your post from Jeremiah Films' archive NBC Bias and Deception
Shuste
Sun, 09/13/2009 - 11:21 ET by jessieHShuster gives new meaning to the words "Boob Tube".