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Open Thread: Virginia Judge Rules Individual Mandate Unconstitutional

By NB Staff | December 13, 2010 | 13:43

A  A

From the AP:

A federal judge declared the Obama administration's health care law unconstitutional Monday, siding with Virginia's attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court.

U.S. District Judge Henry E. Hudson is the first federal judge to strike down the law, which has been upheld by two others in Virginia and Michigan. Several other lawsuits have been dismissed and others are pending, including one filed by 20 other states in Florida.

Virginia Republican Attorney General Kenneth Cuccinelli filed a separate lawsuit in defense of a new state law that prohibits the government from forcing state residents to buy health insurance. However, the key issue was his claim that the federal law's requirement that citizens buy health insurance or pay a penalty is unconstitutional.

Hudson, a Republican who was appointed by President George W. Bush, sounded sympathetic to the state's case when he heard oral arguments in October, and the White House expected to lose this round.

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Stop Censoring The Gosnell Trial!

Comments

It's a beginning

Submitted by Blonde on Mon, 12/13/2010 - 1:53pm.

Now is the time to really apply the pressure.

Can you hear us John Boehner?

Handy Reference Guide to Obama's Gaffes and Goofs ~ Currently Numbering 200 (and Counting)

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And not let up

Submitted by jon_torlin on Mon, 12/13/2010 - 2:03pm.

Yep.  That bigger lawsuit(20 + states) needs to have the same result.  I'm getting really tired of this being compared to the state mandates of auto-insurance which has no relation to reality.(for those libs, if you don't drive, why do you need auto insurance?  And further, the auto insurance argument shows that it's a state mandate, not a federal mandate which makes it unconstitutional, but libs are not familiar with "unconstitutional.")

Score one for the tenth amendment, may there be many more!

Hot damn, Praise the Lord! (was that Fred Ward who said that in Tremors?  Don't remember)

-Jon

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Jon

Submitted by miss911ninja on Mon, 12/13/2010 - 3:14pm.

Another reason why the car insurance argument doesn't hold up is because auto liability insurance is designed to cover someone ELSE if they're injured, or their property is damaged.

This is great day!

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Jon Torlin... I call thee Out

Submitted by Henry Clay on Mon, 12/13/2010 - 3:55pm.

Obviously, you must believe that everyone has a right to earn a living?  I do hope that I am correct in this assessment; with this being said, many states control Workman’s Comp insurance.  Thus if a business did not buy the insurance from the state, the said business would be penalize and forced to close down the business in the state.  How is the Health Care mandate any different from this?   

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Do you even get it?

Submitted by jon_torlin on Mon, 12/13/2010 - 4:15pm.

Do you even know what the tenth amendment states or means?

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.

-Jon

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  Clearly he does

Submitted by Free Stinker on Mon, 12/13/2010 - 4:21pm.

 

Clearly he does not.

 

Oh, you were asking that rhetorically.   ;-)

 

   /// Sarah Palin Fan since July 11, 2007 ///    خال

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Jon Boy...

Submitted by Henry Clay on Mon, 12/13/2010 - 4:23pm.

So if the States were to enforce the mandate- you would have no problem with it?  By the way, the Civil War ended the discussion of nullifaction.   

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States cannot enforce an

Submitted by bassndude on Mon, 12/13/2010 - 4:33pm.

States cannot enforce an unconstitutional federal mandate. States may enforce a state mandate. But first you have to have a state write that mandate and pass it into law.

 

Save a SeAL, club a liberal/troll!!

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Federalism 101

Submitted by Henry Clay on Mon, 12/13/2010 - 4:46pm.

Simply stating something is unconstitutional does not make it so.  What is constitutional?  After all, the constitution is a man made document.  It is not some divine bible that was made by the word of God.  Ergo, since it is man made it is imperfect.  With this being said, the new healthcare law will be in effect and the Supreme Court will rule that it is constitutional; and it will be up to the States to enforce the new mandate.  Thus my friends, is how Federalism works!!!  

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Federal purchace mandates are

Submitted by bassndude on Mon, 12/13/2010 - 4:51pm.

Federal purchace mandates are unconstitutional.

What other insurance is mandated by the federal goverment?

Auto Ins is a state controled and state mandated

work comp is state, also.

There is no federal mandate to insurance. It violates the constitution.  it over steps the congressional limits set by the founders.

 

Save a SeAL, club a liberal/troll!!

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Henry, where exactly did you

Submitted by bassndude on Mon, 12/13/2010 - 4:57pm.

Henry, where exactly did you have them put that stupid tattoo? We are not a federalist country. We live in a Republic. A representive republic.

The federal goverment can collect taxes. Can pass tax laws. But you cannot show me where at in the constitution that the federal goverment is given the power to mandate the population to buy anything.

 

Save a SeAL, club a liberal/troll!!

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Is there a clause stipulating

Submitted by Guttermouth's Return on Mon, 12/13/2010 - 5:19pm.

Is there a clause stipulating one must buy food and clothing for any dependents?  

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Whats the price of tea in

Submitted by bassndude on Mon, 12/13/2010 - 6:35pm.

Whats the price of tea in China?

 

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ADK

Submitted by Denny Crane on Mon, 12/13/2010 - 10:05pm.

No, why do you ask?

Is there a federal law?

Be on the lookout for random acts of journalism from the MSM~h/t Rush

We Are The 53%

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Sure there is.  The Federal

Submitted by Guttermouth's Return on Tue, 12/14/2010 - 12:31am.

Sure there is.  The Federal Child Abuse Prevention and Treatment Act defines child abuse and neglect.  So in effect, if you have children, you are required to purchase food and clothing for them.  

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More posts about children.

Submitted by The Vet on Tue, 12/14/2010 - 12:37am.

Waxing nostalgic over your Creepy Stalkerish Guttermouth account are you, balboa? Yeah, you oughta be very very very aware of federal child protection laws considering it was all you talked about before, other people's children.

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Well actually

Submitted by Denny Crane on Tue, 12/14/2010 - 1:37am.

That act says nothing about food and clothing.

What it does say is

  1. the term “child abuse and neglect” means, at a minimum, any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm.
Be on the lookout for random acts of journalism from the MSM~h/t Rush

We Are The 53%

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Does the lack of food not

Submitted by Guttermouth's Return on Tue, 12/14/2010 - 1:25pm.

Does the lack of food not lead to serious physical or emotional harm?

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No but you do.

Submitted by The Vet on Tue, 12/14/2010 - 1:40pm.

A lying blackmailing troll that stalks women and threatens their children in online forums. That is you Dead Zippers/nwahs/balboa.

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liar

Submitted by Guttermouth's Return on Tue, 12/14/2010 - 1:42pm.

liar

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You got the gall to call me a liar. UP YOURS FREAKSHOW.

Submitted by The Vet on Wed, 12/15/2010 - 12:28am.

5 kids?

Tue, 02/03/2009 - 20:39 ET by guttermouth

Sorry.  Every hear of birth control?

Atheist = no messiah.  Get it?

Are you this condescending with your kids?  How about your husband?

+++++

  Abortion topic solved? | NewsBusters.org Feb 5, 2009 ... Yeah, I get it February 5, 2009 - 19:56 ET by guttermouth. I get that you have 5 kids and you love the little things and they're the ...

 

+++++

http://newsbusters.org/bios/5kidsnadog.html

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liar

Submitted by Guttermouth's Return on Wed, 12/15/2010 - 1:57pm.

liar

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Whatever nwahs.

Submitted by The Vet on Thu, 12/16/2010 - 2:08am.

  As usual, you get backed into a corner and start with the copycat piffle posts. You think you can unnerve me calling me a liar. FAIL. You are the liar here. And he have proved it over and over again.

  Wazzamatter? Can't find any women to harass by threateing their children?

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Whose dependents are you stalking now?

Submitted by The Vet on Mon, 12/13/2010 - 10:34pm.

  Why is it Guttermouth the stalker troll that was banned FOR CAUSE 15 times is once again talking about the wife and children of others?

  What, not satisfied with wondering if others have a gun in their house STALKER? Not satisfied with trying to BLACKMAIL other users by copying their name and THREATENING to keep it that way until they hand over a sack of cash. Now you are right back to trying to get people to talk about their loved ones. Knock it off with your sick pathologies. QUIT FISHING FOR PERSONAL INFO FROM OTHER USERS YOU SICK PATHOLOGICAL TROLL.

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Yes, if it's a state law...

Submitted by retrocon on Mon, 12/13/2010 - 4:46pm.

States can have mandates for insurance, they do it for auto insurance in many places.

That's OK, if i don't like it, i can move or elect new local reps.

They are not in question, the powers of the states are not defined in the constitution of the USA, other than the 10th amendment, and the limitations on abuse of individual rights where applicable.

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I don'thave to buy auto insurance

Submitted by ThisnThat on Mon, 12/13/2010 - 8:45pm.

Unless I drive a car. I can also ride in a car without auto insurance. So no, there is no law mandating that, because I'm alive, I must buy auto insurance. It is a myth brought to us by disengenuous liberals with an agenda, and who are trained to only deliver half a message, and none of the truth.

__________
“Didn't win the Medal of Honor? Didn't even serve? Then lie about it. We'll support you." — 9th Circuit Court

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Henry Clay...surely you jest!

Submitted by bassndude on Mon, 12/13/2010 - 4:29pm.

Henry Clay...surely you jest! Comparing workmans comp to the health insurance mandate? Where is the simularities? Work comp covers someone else.  Anytime you mention any other type of required insurance, it covers someone else that may be hurt while working for you or in the case of auto insurance, may be injured by you.

You are not required to provide work comp on yourself.

 

Save a SeAL, club a liberal/troll!!

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I never Jest but I joust!

Submitted by Henry Clay on Mon, 12/13/2010 - 4:41pm.

Actually, the owner of the business is covered under workman’s comp too.  Therefore the two are quite similar.   

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Not true Henry. The owner is

Submitted by bassndude on Mon, 12/13/2010 - 4:46pm.

Not true Henry. The owner is not covered by workcomp unless he elects to cover himself. It is not  mandated that the owner of a fabrication shop, or a steel erection company by covered by work comp. Work comp is figured hourly by the number of workers you have. If you do not include yourself in that count, you are not covered.

You need to bone up on your work comp law. It also varies from state to state. Work Comp is not a federal mandate. It is state, as is auto insurance.

 

Save a SeAL, club a liberal/troll!!

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workmans comp

Submitted by Denny Crane on Mon, 12/13/2010 - 10:11pm.

True, it differs State to state!  Therefore there is nothing Federal about it.

In most states, it's also nonprofit, which means at the end of the year, the insurance company pays the employer pack whatever they didn't spend on compensation and admin costs.

Be on the lookout for random acts of journalism from the MSM~h/t Rush

We Are The 53%

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No. They aren't.

Submitted by jon_torlin on Mon, 12/13/2010 - 4:54pm.

It's a state issue with Workers' Comp.  ObamaCare is a a federal mandate, one that is unconstitutional.

You still don't get it.

And Workers Comp is covered by private insurance companies.  It's just a business thing. 

As for your earlier question about a right to work, no, it's up to the business if they want to hire you.  If you repeatedly hurt yourself and you keep getting compensating by your job, they are going to fire your butt because you are costing them more in insurance compensation than what you are being paid.

Workers Comp is there IN CASE of an accident, not for it.  They don't want you to get hurt, but if you do, they are prepared for it.  Health Insurance is there for the same reason.  But it's not a right, it's not for everyone.(I'm sure some lib is gonna tear that one apart)

-Jon

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Jon, Bass, and company

Submitted by Henry Clay on Mon, 12/13/2010 - 5:55pm.

First off Worker’s Comp is not privately run insurance companies.  It may be different from state to state, but the state that I live in it is run by the STATE.  The State has a monopoly on the business.  It issues the insurance.  Secondly, if a gentleman owns a steel erecting company and he is out in the field, it does not matter if he is welding or enforcing safety of his employees he HAS to be covered under Worker’s Comp law.  Lastly, we are govern by a Federalist system.  We have the Federal government, State, and local a designated with certain powers.  Republicanism is simply a tool that help makes Federalism work.   

P.S.  So are you telling me that as an American I do not have a right to set up my own business, regardless if I succeed or fail?  That is basically all your arguments.  And you all call me the socialist? 

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Bravo Sierra!

Submitted by jon_torlin on Mon, 12/13/2010 - 6:22pm.

That's BS and you know it.  We never said you didn't have the right to set up your own business, that wasn't even in the argument about ObamaCare being struck down as unconstitutional before you threw in that thing about Workers Compensation which had nothing to do with it.

It's the federal government currently that is against business.  They are very anti-business, as evidenced by the environment that the economy is in.

-Jon

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Henry, I dont know where your

Submitted by bassndude on Mon, 12/13/2010 - 6:22pm.

Henry, I dont know where your at, but I have owned and operated steel fabrication and erection businesses in two states. I never carried work comp on myself or my partner. We both made daily trips to shops and job sites.

I told you earlier that work comp was state run. It is the states that over see work comp and they also administer said insurance.

The States, according to the constitution hold the majority of the powers to run themselves. IF you have not ever researched such things, then you would not know how the feds extended their control.

The transportation department contols all the money. If the states do not do what the feds want them to do, i.e. speed limits, rest areas what ever, the feds dont send them their money.

Same with the department of education. You can go back and look at when the schools started to slide down hill. It was when the department of education was created.

You evidently have a lot left to learn.

 

Save a SeAL, club a liberal/troll!!

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Bass you have a lot to learn...

Submitted by Henry Clay on Mon, 12/13/2010 - 7:24pm.

The State that I live and work in says that if I draw a salary from my business, then I am also an employee, and must buy Worker’s Comp.  That to me sounds like a mandate.  By the way, was not Worker’s Comp a federal law that was enacted and congress told the several states to enforce and administer it how they see fit?  Sounds somewhat like our new Health Care Reform.      

As for those examples of the transportaion departments and education, sounds like you do not care for the three branches of government that we call Federalism.

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That's the same argument as automobile insurance~

Submitted by GG_NB on Mon, 12/13/2010 - 8:06pm.

First, we have the automobile insurance argument by those trying to equate it with the healthcare mandate. It doesn't equate, and I think that's been explained over and over and over again. But to sum up: it's a state thing and  you don't have to drive. The state says: "these are the rules to be driving on our roadways," and then you can decide if you want to participate. So you are not being forced to do something. You have choices.

Now we've got the employment "mandates" argument. Again, that doesn't equate to the healthcare mandate. You can choose where you work. You don't have to work there. Wherever you do work, you enter into agreement on whatever the "rules" are at your place of employment, and you have to abide by those rules if you want to stay employed there...but again, you are not being forced to do something. You have choices.

That's not the same thing as making a U.S. citizen purchase healthcare insurance if they do not want to participate. With the healthcare mandate, you are being forced to do something you don't want to do and being monitored to make sure you comply. No choices. Forced against your will.

Where would this end? The federal government could "mandate" anything.

"If not us, who? If not now, when?"
~Ronald Reagan

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Silly Statement

Submitted by Henry Clay on Mon, 12/13/2010 - 8:07pm.

Yes, I do not have to work- I can choose to starve to death; and yes I do not have to go to the doctor’s I could choose to stay sick… the argument is one in the same. 

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Actually, you don't have to

Submitted by bkeyser on Mon, 12/13/2010 - 8:13pm.

Actually, you don't have to stay sick, you can pay out of pocket.

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Okay, you're not getting it~

Submitted by GG_NB on Mon, 12/13/2010 - 8:16pm.

You can choose WHERE you work. You can choose to work in a place that doesn't have the requirement to purchase WC.

Yes, you can.

"If not us, who? If not now, when?"
~Ronald Reagan

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With 10% unemployment it is

Submitted by Henry Clay on Mon, 12/13/2010 - 8:32pm.

With 10% unemployment it is hard to choose where to work. 

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Henry~

Submitted by GG_NB on Mon, 12/13/2010 - 8:52pm.

Well, that's true enough.

My point was simply that the healthcare mandate is not the same situation as employment requirements or automobile insurance. The healthcare mandate forces people into an activity they don't wish to pursue, and there are no other choices available to not do so. That was all I was saying.

And the bigger problem with this healthcare mandate going through is that it really would leave the door wide open for this and future administrations to mandate anything. So think of the most scary person you can for president...do you really want the way to be paved for them to mandate something for you?

"If not us, who? If not now, when?"
~Ronald Reagan

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Forget it GG

Submitted by Boudin on Mon, 12/13/2010 - 8:54pm.

He dont care, just as long as he doesnt have to pay for it. As long as it's free, who cares if it works, right.

BTW, Henry is dead wrong about workers comp also

Seek Truth, Defend Liberty
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Hank

Submitted by MrShy on Mon, 12/13/2010 - 8:51pm.

Life is never easy. The more you put in, the more you usually get back... but nothing's guaranteed.

- Shy

Join Mr. Shy and The 1* Percent

 
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Mr. Shy

Submitted by Henry Clay on Mon, 12/13/2010 - 8:57pm.

I understand your point, but should we at least attempt to help those who cannot help themselves?  We live in the greatest Nation that history has ever seen.  People who cannot afford coverage ought to be able to go to the doctor’s without having to worry about going bankrupt.    

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Hank

Submitted by MrShy on Mon, 12/13/2010 - 9:14pm.

I understand your point, but should **we** at least attempt to help those who cannot help themselves?

Be specific. What "we" should take on the daunting responsibility of sifting through all 300-500 million Americans, every day, to no end, monitoring/deciding what needs to be doled out and to whom?

We live in the greatest Nation that history has ever seen.

Agreed. It's been the greatest for some time. So, why advocate for more collectivism and "helping those who can't help themselves" policies that just make this nation less recognizable from the rest? Maybe we are the greatest because we have promoted individual empowerment and responsibility -- real individual freedom -- more than any other nation. That's why we are unique. Ever thought of that?

People who cannot afford coverage ought to be able to go to the doctor’s without having to worry about going bankrupt.

Again, you seem to believe there's a way to make everyone -- literally everyone -- "happy" and "healthy" and free from suffering. It's not possible. Simple as that. We all live, pursue happiness and dreams, get sick, and eventually die. In our short time here, you advocate saddling us all with forced charity and some utopian spreading of wealth and happiness, so no one is left unhappy. It's a) crazy thinking, and b) infringes on my liberties.

- Shy Lecture

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500 million Americans?  How

Submitted by Guttermouth's Return on Mon, 12/13/2010 - 9:21pm.

500 million Americans?  How about 310,000,000?

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Fail deddy

Submitted by Denny Crane on Mon, 12/13/2010 - 10:20pm.

Shy said 300 to 500 Million

310 million falls in that range.

Be on the lookout for random acts of journalism from the MSM~h/t Rush

We Are The 53%

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Fail what?  Is this how you

Submitted by Guttermouth's Return on Tue, 12/14/2010 - 12:39am.

Fail what?  Is this how you speak in the real world?

While you're all jumping to defend Shy, you fail to even blink at the notion that our Big Apple boy had so little of a clue that he estimated up to 500,000,000.

But I suppose you're technically right, in the same way one could claim they've sold hundreds of albums once they've passed the 200 mark.  

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Ding Ding Ding Ding.

Submitted by The Vet on Tue, 12/14/2010 - 12:44am.

And...... 34 seconds. A record on the amount of time it takes for the blackmailing stalker troll Dead balboa to make it personal.

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bal

Submitted by MrShy on Mon, 12/13/2010 - 11:15pm.

Are you really that much of a frackin' reading-comprensioin idiot?

Why, yes, you are.

- Shywear

Join Mr. Shy and The 1* Percent

 
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uh-oh. Don't call the 16 time retread troll by other's names.

Submitted by The Vet on Mon, 12/13/2010 - 11:25pm.

Braaaaaaack. I'm not balboa. Squaaaaaaawk. I'm not nwahs. Screeeeeeeech. I'm not Zippers. Braaaaaaack. I just act and sound like them. Phrrrooooot. Oops. Just pooped my diaper again.

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As Dennis Miller would say, Henry

Submitted by Blonde on Mon, 12/13/2010 - 9:24pm.

I have no problem assisting the helpless, but I refuse to underwrite the clueless.

People who refuse to take care of their own needs (other than minor children or the mentall deficient) are clueless...and not worthy of my charity.

Handy Reference Guide to Obama's Gaffes and Goofs ~ Currently Numbering 200 (and Counting)

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Totaly wrong

Submitted by Denny Crane on Mon, 12/13/2010 - 10:24pm.

The employee doesn't buy workmans comp.

It's mandated that the company carries workmans comp.  Nowhere on your paycheck is there a deduction for workmans comp insurance.  If there is then you are getting ripped off by your employer.  But seeing how brilliantly you post, I wouldn't put it past him.

Nobody said it wasn't mandated, It's not mandated by the federal government.

Be on the lookout for random acts of journalism from the MSM~h/t Rush

We Are The 53%

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Denny I know that you are

Submitted by Henry Clay on Mon, 12/13/2010 - 11:38pm.

Denny I know that you are better than sophistry… so please reread my early posts.  That is not what I said.   

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Mr Mud, aint you spaiceal

Submitted by Denny Crane on Tue, 12/14/2010 - 1:50am.

"In modern usage, sophism, sophist, and sophistry are derogatory terms, due to the influence of many past philosophers."

But your right, I should have read your post better, then I would have realized what the three branches of government are!  Transportation, Education, and .........help henry help, what's the third branch of government?  Healthcare?

Be on the lookout for random acts of journalism from the MSM~h/t Rush

We Are The 53%

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And where was it I said

Submitted by bassndude on Mon, 12/13/2010 - 6:27pm.

And where was it I said anything about you setting up a business? Where did you get your reading comprehension skills? Public school?

Again I ask, where is it you had them put that tattoo?

 

Save a SeAL, club a liberal/troll!!

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In Maryland

Submitted by bkeyser on Mon, 12/13/2010 - 6:39pm.

where I own an LLC, the state requires that any business which has employees, carry Workman's Compensation and Liability Insurance. However, Maryland does not provide that insurance. The business is required to purchase it through a private carrier and can therefore shop around for the best rate. There is a minimum amount of coverage required, though some businesses require sub-contractors to carry a higher minimum.

Maryland does not, however, require you to own a business in the state so no one is mandated under Maryland law to carry Workman's Compensation and/or Liability Insurance. And, as I am the sole employee in my LLC, I am not required to carry Worker's Compensation and/or Libaility insurance.

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Henry Workman's Comp is a tax

Submitted by Radical1979 on Mon, 12/13/2010 - 10:49pm.

Henry Workman's Comp is a tax incurred when doing business.  It's like requiring auto insurance when you decide to own a car.  The Health Care mandate requires you buy insurance simply because you exist.  Very different.

Proud member of the 53%!
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Radical 1979

Submitted by Henry Clay on Mon, 12/13/2010 - 11:45pm.

You cannot do business without Worker’s Comp.  If you try then you will be shut down your articles of incorporation will be taken away and you may face jail time or a harsh fine.  So what everyone is saying here is that it is fine to tax only business owners but not everyone else?  The healthcare mandate is much fairer where everyone has to contribute to the kitty.  Obviously, this radical judge is much more concerned with politics than the law. 

P.S. OSHA Laws were passed by the Federal Government and Worker’s Comp was part of that bill. 

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And how is that different

Submitted by Radical1979 on Mon, 12/13/2010 - 11:56pm.

And how is that different than the social security tax paid by business's?  The arguement is that the government does not have the right to tax you simply for existing, which is what the health care mandate does.

Proud member of the 53%!
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Actually, the auto insurance

Submitted by Satchmo on Mon, 12/13/2010 - 4:22pm.

Actually, the auto insurance argument is based on use of public roads. No one is forced to purchase auto insurance unless they plan on using public roads. Obviously people under the driving age do not have to carry auto insurance, people who aren't licensed to drive do not have to carry auto insurance, and people who solely drive on private property do not have to carry auto insurance. The basis for requiring auto insurance is use of public roads. It isn't that it's a state or federal mandate.

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I do agree...

Submitted by retrocon on Mon, 12/13/2010 - 4:50pm.

The ol' "driving is a privilege, not a right" argument.

However, i'm not sure that a state couldn't mandate health insurance if it were a power allowed within their state constitutions.  

If a community choses to do that, fine.  But the US Constitution definitely does not grant that kind of power, but the commerce clause has been abused for years.

The biggest problem here?  Kennedy will likely be the deciding vote.

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Let's get this through the Court of Appeals . . .

Submitted by Galvanic on Mon, 12/13/2010 - 2:00pm.

. . . and up to the Supreme Court ASAP.  It should be at the top of the Court's docket for 2011.

Drive a stake in its heart once and for all.

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ahhhhh.....

Submitted by MrShy on Mon, 12/13/2010 - 2:07pm.

So HERE'S the Open Thread :) .... was looking for it earlier to post about this.

Yes, this is Step 1...

Step 2 = Onward to the Supreme Court.

Step 3 = Repeal this socialist POS that was forced on us in the dead of night by socialists.

Step 4 = Begin serious investigations into Obama and many of the progressive/Marxist creeps who have infiltrated the halls of D.C..

- Shy Steps

Join Mr. Shy and The 1* Percent

 
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Dead of night??

Submitted by jon_torlin on Mon, 12/13/2010 - 2:10pm.

Hell, try "in your face" that they pushed it through whether anyone wanted it or not, especially after all the townhall meetings.  I still think of those videos of John Dingell and how he treated his constituents, as well as many others including that one jackass who said he didn't care about the Constitution(impeachable offense).

That's even worse, doing it without any regard and doing it with bribes, a la Stupid Stupak.

I could go on and on, but you get the idea, you know what happened.

-Jon

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I think Ken has really done

Submitted by Thoreau on Mon, 12/13/2010 - 2:07pm.

I think Ken has really done his part to help save this Country's ass.  Or at least stopped one big wound from bleeding out.  Other States have lined up to stick their foot up the Federal Government's ass as well.

Obama's communist agenda of destruction has to be stopped or this Country will be dissolved.  Not figuratively.  Literally. 

Think Russia,  with 100 million guns and 100 Trillion in debt before it collapsed.  What kind of mushroom cloud would that look like do you think?  If you do nothing, you'll find out.


 

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Amen

Submitted by Iron Tigers Vet on Mon, 12/13/2010 - 2:15pm.

I posted on the open thread about this happening.  I'm glad to see NB getting on top of this.

Cuccinelli has opened the door for all the other states to follow suit.  Before the end of the week Keefie, Madcow and Chrissie should have all but put a bullet in Ken's head because of letting down the American people.

When infact the American people have spoken... starting in Va.

Congrats Mr. Cuccinelli, get ready for the bigger fight ahead and proud to be a Virginian....  if we could just get rid of Warner and Webb we'd be a whole lot better.

"Apparently, I'm supposed to be more angry about what Mitt Romney does with his money than what Barack Obama does with mine"
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Damn activist judges.  Oh

Submitted by Guttermouth's Return on Mon, 12/13/2010 - 2:15pm.

Damn activist judges.  Oh well, at least I've got my union bennies.  

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ACL

Submitted by MrShy on Mon, 12/13/2010 - 2:22pm.

‎As one comment I found put it:

"The constitution says we have a right to life. Under ObamaCare it becomes a privlege. We have to have auto insurance because driving is a privlege not a right. Now we have to pay for health care coverage because it obviosly is no longer our right but a privlege granted by government to be alive."

And it's not only unconstitutional (and appalling that the corrupt Dems in D.C. pulled this stunt) but it's the will of the people, if you scroll down and tally up the percentages coming in. And at MSDNC.com, no less.

- ShyCare(s)

Join Mr. Shy and The 1* Percent

 
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Move elsewhere?

Submitted by jon_torlin on Mon, 12/13/2010 - 2:25pm.

I hear Canada and the UK has what you are looking for, you say you got money, use it to go there.  It's ok, we don't mind.  If you want something a little closer, Cuba's got some nice beach front property.

-Jon

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And the most nonsensical post

Submitted by Guttermouth's Return on Mon, 12/13/2010 - 2:28pm.

And the most nonsensical post of the day goes to...

Jon Torlin everybody!  Please hold your applause until all of the awards are handed out.  

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oh brother!

Submitted by jon_torlin on Mon, 12/13/2010 - 2:38pm.

I'm accused of nonsense.......from *YOU*?

Oh. My. GAWD!

How will I ever live with the shame of it..... /sarc

-Jon

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scorecard

Submitted by Free Stinker on Mon, 12/13/2010 - 3:14pm.

Jon: 2

troll: 0

 

   /// Sarah Palin Fan since July 11, 2007 ///    خال

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This feels even better than

Submitted by Free Stinker on Mon, 12/13/2010 - 2:16pm.

This feels even better than the mid-term term election results . . .

 

   /// Sarah Palin Fan since July 11, 2007 ///    خال

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Free~

Submitted by GG_NB on Mon, 12/13/2010 - 2:47pm.

I agree. I was relieved at the mid-term results. I felt joyful over this news. This piece of legislation has to be repealed -- and the Constitution is the only thing that will save this country. Obama can mess up a lot of stuff and we can regroup and recover after he leaves office, but the healthcare bill is not one of those things. A piece of our foundation will be chunked out if this isn't stopped from being implemented.

I'm hopeful.

"If not us, who? If not now, when?"
~Ronald Reagan

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Only those who believe in constitutional authority will come to

Submitted by VanPastorMan on Mon, 12/13/2010 - 2:22pm.

the right conclusion.   Political activist judges will always side on the side of welfare state/socialistic society because they want to change America to something else than what it was founded. What we need to do is stack the courts with those who really want to rule by the original intent of the constitution. We need conservative lawyers who will become conservative judges or else we are sunk as a nation.

There is a reason why the United States has become the wealthiest and most powerful nation on the Earth. It isn't because we are smarter than everybody else. It isn't because we work harder. It is because we have freedom to be what we want. We have freedom to fail or succeed. Liberals want a society where everybody is equal. Of course in that society those in government will be the elitist in that kind of government. The Russian people used to make jokes about how their government leaders drove better cars than the people did, even though a communist society was all about everybody being equal. We are going down that same rule, and the only thing that will save us from this is a return to constitutional principles. Everybody in the media demeans Sarah Palin for being stupid. She is not because she sees how we need to return to our founding principles.

Liberals are funny when they aren't in power.  But when they have power they become dangerous. Rush Limbaugh
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man, if only we had judges

Submitted by sometimesright on Mon, 12/13/2010 - 2:23pm.

man, if only we had judges like this in Ca.

"Politics is supposed to be the second-oldest profession. I have come to realize that it bears a very close resemblance to the first." Ronald Reagan
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It's all about

Submitted by Iron Tigers Vet on Mon, 12/13/2010 - 2:27pm.

the area/region.

You don't see that many like this above the Mason/Dixon line.  If there are, it is few and far between.  It boils down to the governor and the AG of the states to push the issue even more.  Yes, judges have the ultimate say, but without full on support by everyone in the state, you're still screwed.

"Apparently, I'm supposed to be more angry about what Mitt Romney does with his money than what Barack Obama does with mine"
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true.  the voting citizenry

Submitted by sometimesright on Mon, 12/13/2010 - 2:31pm.

true.  the voting citizenry here get overruled so often it feels like voting is just a fun hobby.

"Politics is supposed to be the second-oldest profession. I have come to realize that it bears a very close resemblance to the first." Ronald Reagan
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Nanny Plouzzy Are you serious

Submitted by upcountrywater on Mon, 12/13/2010 - 2:30pm.

Pelosi Asked Where Constitution Grants Congress Authority to Mandate Purchase of Health Insurance

audio 25 sec...

You Didn't Build That.

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Waste

Submitted by Gothampc on Mon, 12/13/2010 - 2:32pm.

Democrat lawmakers should be hung up by their feet in front of the Washington Monument.  This is a waste of time and money.  It is one more proof that Congress needs to be cleaned out because they've gone insane.

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Great DRT story to start off the week

Submitted by Dave. on Mon, 12/13/2010 - 2:34pm.

Intended victim arranges meeting between God and a would-be armed robber.

:-)

-Dave

Vote for the American in November

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Now if we could just get a judge to rule that Obama is...

Submitted by Dave. on Mon, 12/13/2010 - 2:47pm.

...unconstitutional.

:-)

-Dave

Vote for the American in November

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In Oklahoma..

Submitted by ScottyKUtah on Mon, 12/13/2010 - 2:50pm.

Here in Oklahoma we voted (by 70% majority) to not consider international law or muslim law when making a court decision.

One lone muslim got it overturned.

 

Then we voted to actually require some sort of ID when wanted to vote, and to have state documents in English.

One lone lawyer in Tulsa is suing to have that overturned also.

 

What's the point of voting anymore if the libs will just find one judge/lawyer, etc to overturn the will of the people?

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I guarantee

Submitted by djwolf12 on Mon, 12/13/2010 - 2:53pm.

Judge Henry Hudson WILL BE named Worst Person in the World!!!!!!!!!!!

"Someday a real rain will come and wash all this scum off the streets". - Robert DeNiro, Taxi Driver (1976).
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Yep

Submitted by Galvanic on Mon, 12/13/2010 - 3:19pm.

I hadn't thought of that, but you're probably right.
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slippery slope

Submitted by MidAmerica on Mon, 12/13/2010 - 2:59pm.

IF.....   it can be found constitutional that the government can force you to buy health insurance then there is no end to what the government can force you to do.

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Slippery Slope

Submitted by Gothampc on Mon, 12/13/2010 - 3:18pm.

I've given a lot of thought about that.  The government takes my money for Social Security but won't let me direct how it's invested.  I wonder if that could be a start down the slippery slope? 

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Yep.. How long do you think

Submitted by ninerdog on Mon, 12/13/2010 - 3:20pm.

Yep.. How long do you think it would be that they determine that because you have not bought a new car in the last 4 years you are mandated to buy a GM product? Just how long before that is written into some global warming bill?? 

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   The Cash for Clunkers

Submitted by MidAmerica on Mon, 12/13/2010 - 3:36pm.

   The Cash for Clunkers progam was a governmental incentive to get rid of old gas guzzlers.  It's a small leap to a government mandate that you cannot drive a car banned as a gas guzzler.

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Next up: Moochelle's "Cash For Cellulite"

Submitted by SickofLibs on Mon, 12/13/2010 - 3:44pm.

It's a National security threat.

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To paraphrase and mangle a

Submitted by Dan The Man 2 on Mon, 12/13/2010 - 7:14pm.

To paraphrase and mangle a great quote "One small step for government, one giant leap for global governance.

Nuke em til they glow; then shoot em in the dark
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Already branching out

Submitted by Model850 on Mon, 12/13/2010 - 3:32pm.

Thanks to MO's efforts the gubmint is already branching out in that area, planning on telling schools how many bake sales they can hold per year to raise funds.

Who knows where things may go?

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Eric Cantor~

Submitted by GG_NB on Mon, 12/13/2010 - 3:11pm.

Following this decision, Cantor is calling on the SCOTUS to take up the issue now.

Should get interesting...

"If not us, who? If not now, when?"
~Ronald Reagan

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hopeful here

Submitted by jon_torlin on Mon, 12/13/2010 - 3:21pm.

Maybe there's some hope for Cantor that he'll shape up after all?

-Jon

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LA Times - does what they do best on HC Ind mandate decision

Submitted by Gary Hall on Mon, 12/13/2010 - 3:18pm.

Take a look at the story up on the Los Angeles Times Web site, right now. The story, "Federal judge voids key component of healthcare reform," is accompainied by this photo:

http://www.latimes.com/media/alternatethumbnails/photo/2010-12/58246615-13094842.jpg

There is no caption (in the moment) but certainly the impression the LA Times is wishing to put out is that a whole heck of a lot of minority folks are going to be left out in the cold now.  Carefully, I might suggest that most, if not all, of the people in the picture are already on MediCal - just my guess; so the mandate should make no difference to them.

(;~/ gary

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Gary, I bet that picture is

Submitted by bassndude on Mon, 12/13/2010 - 6:15pm.

Gary, I bet that picture is from a Black Friday line. Waiting for their turn in the store.

 

Save a SeAL, club a liberal/troll!!

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It's funny reading all the

Submitted by pwoz on Mon, 12/13/2010 - 3:19pm.

It's funny reading all the comments about this wonderful ruling on NY Times. 99% of the posts are something like "This is why we need a public option.".. how these libs gonna pay for anything? XD

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Can any of those poster

Submitted by Hunter12 on Mon, 12/13/2010 - 6:09pm.

Can any of those poster answer the question "If it's so great, why are all the unions being allowed to opt out"?  200+ waivers and counting.

 

"An appeaser is one who feeds a crocodile, hoping it will eat him last."  - Sir Winston Churchill

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ALL of the unions are most

Submitted by Guttermouth's Return on Mon, 12/13/2010 - 6:18pm.

ALL of the unions are most certainly not opting out.  Mine, for example, is alive and well and kicking out Cadillac deals to all of our members.

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Maybe they got a waiver

Submitted by Denny Crane on Mon, 12/13/2010 - 10:40pm.

and don't have to pay the 40% tax?

BTW a list of the companies and unions that have recieved waivers so far.

http://www.hhs.gov/ociio/regulations/approved_applications_for_waiver.html

Be on the lookout for random acts of journalism from the MSM~h/t Rush

We Are The 53%

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Or maybe he just made the whole personna up

Submitted by SickofLibs on Mon, 12/13/2010 - 11:41pm.

Did he also mention he was No. 203 of the legendary 300?

He was the skinny one with the puka shells in his weave and the shield with the hole in the middle. Braaaakius The Feeble I believe he said he was known as.

"Remember this day, men, for it will be yours for all time. "

"Braaaaaaak!"

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"lacks logical limitation”

Submitted by neutron on Mon, 12/13/2010 - 3:24pm.

Judge Hudson responded to the government’s argument that it has the power under the Constitution to require individuals to buy health insurance:

“Of course, the same reasoning could apply to transportation, housing or nutritional decisions. This broad definition of the economic activity subject to congressional regulation lacks logical limitation” [and is unsupported by previous legal cases around the Commerce Clause of the Constitution].

If Obamacare stands then the "lack of logical limitations" will allow future administrations to use this precedent to mandate things like every business must hire x number of people, or must buy a Government Motors car every n number of years, or install solar panels and windmills on every dwelling, et cetera.

The Government Mandate cannot be allowed to stand, or every aspect of a person's life that touches on an economic topic will be open to government mandates. What happened to FREEDOM?

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Hey Liberals why not

Submitted by 10ksnooker on Mon, 12/13/2010 - 3:43pm.

Force everybody to buy a volt to help Government Motor's stock price.

Next we can turn over our kids to the government compund to be fed Moochelle leftover gruel... Oh wait, there they are now ...

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Allen West

Submitted by Blonde on Mon, 12/13/2010 - 3:44pm.

Thought you might enjoy some of his latest constituent letter (I'm editing, for brevity, emphasis mine, too):

I had the distinct privilege of addressing Congressman Mike Pence's "Win Back America" conference. We spoke about conservative principles in contrast to those of the liberal progressives and how those of the latter are anathema to the concepts upon which our founding fathers created this Constitutional Republic. The funny part of the event was when I recognized that Congressman Pence and myself were dressed exactly the same with a dark blue suit and an identical "power" tie.......perhaps there is hope for me to make that Washington GQ list...LOL LOL

The highlight on Thursday was a one on one interview with one of my preeminent constituents, Rush Limbaugh. Mr Limbaugh and I had an awesome 45 minute interview where we covered a multitude of topics facing our nation and found moments to add in some levity. You can read about my interview with Rush in an upcoming edition of his "Limbaugh Letter." For a young, budding, conservative Representative such as myself, that was an experience not to be forgotten anytime soon.

The focal point of the week came during the weekend. On Saturday, we recognized our fallen heroes at the South Florida Veterans National Cemetery for the 4th Annual Wreaths Across America ceremony. It was very humbling for me to stand there and speak of the sacrifices of those buried knowing that someone was at Marietta National Cemetery near my hometown of Atlanta, speaking and preparing to place a wreath on the grave of my Dad and Mom.  And hat tip to Whistler and all the nearly 200 bikers who came out for a procession to start the ceremony.
 
Message to Ron Klein and others, those bikers are the men and women you so viciously attacked, they were there Saturday....where were you?


What I want everyone to know about me is that you should never thank me for doing that which is right.  I live by a simple credo, which was the motto of the 2d Battalion, 20th Field Artillery Regiment, which I commanded, "Duty Not Reward". I shall live up to every expectation of being a recipient of that honor bestowed upon me, so help me God.
 
In closing, it is becoming apparent to Americans that this idea of "lame duck" Congress is very disconcerting. I believe that as we go forward, we should revisit this practice, as we cannot afford to have individuals weigh in on critical issues for our country, while they are no longer stakeholders in the decisions they make. Once the voting electorate has repudiated their direct representative through ballot referendum, they should most expeditiously depart.
 
And yes, that includes me as well, if I fail my constituency. No matter what, you can rest assured I would never walk off the stage at my own briefing and abdicate my role as a leader to anyone.

I just love this man.  He never fails to hit the high points.  Nor forget an injustice (Klein's nasty stab at the bikers). 

Hope you enjoyed that, I know I surely did.

Handy Reference Guide to Obama's Gaffes and Goofs ~ Currently Numbering 200 (and Counting)

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We need a few

Submitted by Boudin on Mon, 12/13/2010 - 8:26pm.

Hundred more, just like this guy. Thanks

Seek Truth, Defend Liberty
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434 more in the House!  (435

Submitted by stratman on Mon, 12/13/2010 - 9:05pm.

434 more in the House!  (435 total seats)

:-)

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sheesh...

Submitted by MightyMouth on Mon, 12/13/2010 - 3:53pm.

The liberal scumbags at wiki have already trashed the Judge:

http://en.wikipedia.org/wiki/Henry_E._Hudson

"The enemy of my enemy is my friend, unless my friend is more evil than my enemy."
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YAY!!!!

Submitted by Jarhead68 on Mon, 12/13/2010 - 3:56pm.

Whoopdeedoo.

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I had no idea

Submitted by Ron_servative on Mon, 12/13/2010 - 3:59pm.

that there were 20 other states in Florida.

 

"including one filed in Florida by 20 other states ."   fixed it for you ;^)

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The AP

Submitted by jon_torlin on Mon, 12/13/2010 - 4:17pm.

You gotta remember, it's the Ass-ociated Press that wrote that.

-Jon

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If, heaven forbid, SCOTUS

Submitted by Satchmo on Mon, 12/13/2010 - 4:19pm.

If, heaven forbid, SCOTUS eventually strikes down this decision, then I think someone could kill two birds with one stone. Striking it down would open the opportunity for someone to bring a lawsuit challenging Obama's birthplace on the grounds that if the president is foreign-born, then any law he signed would be invalid. Since this law includes the individual mandate, I don't see how any court could say someone doesn't have the ability to file suit.

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Just had to go outside for a

Submitted by Hunter12 on Mon, 12/13/2010 - 6:40pm.

Just had to go outside for a chore.  Al, where is my global warming?  I want it now.

 

"An appeaser is one who feeds a crocodile, hoping it will eat him last."  - Sir Winston Churchill

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I want to know why people

Submitted by bkeyser on Mon, 12/13/2010 - 6:53pm.

I want to know why people without insurance represent a cost to the rest of society...
 

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Sensitive Passport holder?

Submitted by Boudin on Mon, 12/13/2010 - 8:34pm.

Someone sent this to me, kinda funny.

language alert

 

 ACTUAL PASSPORT APPLICATION LETTER SENT BACK TO STATE DEPARTMENT   
    
 
   Dear Mrs. Ms. or Sir:
 
   I'm in the process of renewing my passport and still cannot believe this.

   How is it that Radio Shack has my address and telephone number and knows that I bought a cable TV from them in 1987 (23 years ago), and yet, the Federal Government is still asking me where I was born and on what date.
 
   For Christ sakes, do you guys do this by hand?  Ever heard of computers?
    
   My birth date you have in my social security file. It's on EVERY income tax form I've filed  for the past 30 years. It's on my Medicare health insurance card and my driver's license, It's on the last eight damn passports I've had, It's on every stupid customs declaration form I've had to fill out before being allowed off the plane for the last 30 years.  And it's on all those census forms that we have to do at election times.
 
   Would somebody please take note, once and for all, that my mother's name is Maryanne, my father's name is Robert and I'm reasonably confident that neither name is likely to change between now and when I die.  
 
   Between you an' me, I've had enough of this bureaucratic bullshit!
 
   You send the application to my house, then you ask me for my #*&#%*& address. 
 
   What is going on?  You must have a gang of bureaucratic Neanderthal morons working there!
 
   Look at my damn picture. Do I  look like Bin Laden?  And "No," I don't want to dig up Yasser Arafat, for shit sakes.  I just want to go and park my ass on a sandy beach. And would someone please tell me, why would you give a damn whether I plan on visiting a farm in the next 15 days?
 
   If I ever got the urge to do something weird to a chicken or a goat, believe you me, I'd sure as hell not want to tell anyone!
 
   Well, I have to go now because I have to go to the other end of the city and get another #*@&#^@*@& copy of my birth certificate to the tune of $100.
 
   Would it be so difficult to  have all the services in the same area so I could get a new passport the same day? Nomo, that would require planning and organization.  And it would be too logical for the @&^*^%@% government.  
 
   You'd rather have us running all over the place like chickens with our heads cut off.  Then, we have to find some asshole to confirm that it's really me in the damn picture - you know, the one where we're not allowed  to smile.......Hey, you know why we can't smile?
 
   We're totally pissed off!


   Signed
 
   - An Irate Citizen.


   P.S.   Remember  what I wrote about getting someone to confirm that the  picture is me?  Well, my family has been in the United States of America since 1776.  I have served in the  military for something over 35 years and have had security clearances up the ying yang.  However, I have to get someone important to verify who I am - you know, someone  like my doctor........   WHO WAS BORN AND RAISED IN INDIA !
 
   And you assholes want to run our health care system?????

Seek Truth, Defend Liberty
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Boudin,

Submitted by Dave. on Mon, 12/13/2010 - 10:47pm.

ROFL.

Yeah, never underestimate the stoopidity of government. That way, you will never be disappointed.

And I definitely understand the frustration in that letter.

-Dave

Vote for the American in November

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Seriously gotta fix the link

Submitted by bkeyser on Mon, 12/13/2010 - 10:52pm.

Seriously gotta fix the link action on the recent comments. I'm beginning to lose faith... and I think my scroll wheel is now broken.

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Aint that

Submitted by Boudin on Tue, 12/14/2010 - 8:49am.

The truth. Very disappointing to say the least

Seek Truth, Defend Liberty
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bk, Don't forget the memorization of post numbers...

Submitted by upcountrywater on Mon, 12/20/2010 - 4:00pm.

I use the pointer to grab the scroll bar, and drag that sucker to the area the of the # post , Hummm was that # 217, #271, ....I can use new, in the "find/search" widow, and get lots of useless hits, still faster than scrolling

  However searching for...  (new) ...in the forums, works great ....

Every single page that loads here needs some scrolling!?

You Didn't Build That.

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Boudin~good one

Submitted by GG_NB on Mon, 12/13/2010 - 11:03pm.

Yep, it gets exhausting and tries the patience of saints. In the words of Ronald Reagan...well, you know. Government. Help. Scary.

"If not us, who? If not now, when?"
~Ronald Reagan

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Kinda interesting~

Submitted by GG_NB on Mon, 12/20/2010 - 2:02pm.

http://www.rasmussenreports.com/public_content/politics/current_events/healthcare/health_care_law

"If not us, who? If not now, when?"
~Ronald Reagan

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