Tuesday, April 13, 2010

Join the voice of "We the People"

For what ever reason, The Attorney General of the State of Tennessee has declined from joining the Class suite filed first by the AG of Florida and joined by many others around the nation.

There is probably a large dose of Liberal Spinelessness involved. If you are NOT for a free America, you are against a Free America and thus you are one of Obama's yapping little dogs. You can just ignore this posting and this effort by the American people to take back our country from the likes of you.

As usual, there is always someone to step in and do the job that one of the "O-Bots" should be doing. Tennessee attorney Van Irion (And candidate for the 3rd Congressional District of Tennessee) has filed a class action suite against the President, the Speaker and the Majority leader of the Senate for the benefit of the people of Tennessee. The Suite also names the United States of America as a defendant.

ObamaCare Class Action, the Voice of "We the People"

As of this writing (and in less that a few days) the suite has more than 1400 signers (gaining more than 200 from the time I signed on last night at midnight) from all over the nation. All 50 states are represented.

Take the time to Join up and tell Obama and his minions that we will not go down the road to failed socialism with them.

I stole the FAQ page from Van's site and include it here:

Frequently Asked Questions

Q. Can anyone join the class action against Obamacare?

A. Any US citizen or company can join as a plaintiff to the action by filling out the form HERE.

Q. Will it cost me anything to join the class action against Obamacare?

A. No, Attorney Van Irion is litigating the case pro bono and is covering the court costs personally.

Q. What happens next in the case?

A. The complaint will be amended to add all of the co-plaintiffs that have volunteered to join. The amended complaint will then be served on the defendants and they will be required to answer. They may do so by filing a counter motion or by filing an "Answer" to the claims in the complaint.

Q. What specifically is the case challenging?

A. Three claims are made in the complaint:

  1. Abuse of Authority - The actions of the Defendants are not within the scope of authority granted them by the U.S. Constitution.
  2. Violation of 10th Amendment - The actions of the Defendants violate the explicit limitations in the 10th Amendment to the U.S. Constitution.
  3. Breach of Oath of Office - The actions of the Defendants represent a breach of the Defendants’ duties contained within their oaths of office to protect and defend the U.S. Constitution.

Q. Are there other attorneys on the case?

A. Several constitutional attorneys have offered their assistance pro bono for this case. We have a well skilled team to make this challenge.

Q. How is this case different from the other lawsuits filed against Obamacare?

A. This case has unique causes of action, as outlined above, that directly challenge the erroneous "Commerce Clause" and "General Welfare Clause" precedents of the Supreme Court. The interpretation of past courts have essentially rendered moot any limitations on the Federal government established in the Constitution.

The Commerce clause argument and the 10th Amendment argument were intended to be complimentary, just like those two parts of the Constitution are complimentary. They are opposite sides of the same coin. The argument is also about Canons of Legal Interpretation: Any interpretation of a single clause that negates the overall purpose of a law, contract, or other document, must be wrong. Such a clause can be included to create exceptions to an overall rule, but in those cases, the clause must be very clear about its limitations in reference to the overall purpose of the document. The scope of such exceptions must be clear and the courts must interpret them as narrowly as possible. The actions of Congress over the past 70 years have become the illustration that the "Commerce Clause" and the "General Welfare Clause" were misinterpreted as many years ago.

Go ahead.. you know you want to...


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