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Remedial Book Notes: Volume 1.5 – Douglass Decimates Obamacare

For anyone interested, this is the fifth installment of a little self-educational, comparative study of Frederick Douglass, Booker T. Washington, and Clarence Thomas in their own words perhaps inappropriately posted under the Book Notes banner.  Please refer back to my Preface diary for a little more background (1). While obviously amateurish in nature, we’ll see where this one time experiment takes me/us and hopefully the effort will spark someone with talent to take up andyd’s torch.

I cannot stop myself from another Douglass-only aside…please stick with me here.

With the recent news that our current Supreme Court will make some sort of (surely unsatisfying) decision on the legislative farce frequently referred to as Obamacare, I found it more than a bit interesting that six score and one year ago, Mr. Frederick Douglass made the perfect case in just over 200 words, if not necessarily for declaring it unconstitutional, for exposing its illegitimacy beyond the pale. Here, ironically, he is arguing against the court’s actions in declaring the Civil Rights Law of 1875 unconstitutional:

“Now, when a bill has been discussed for weeks and month and even years, in the press and on the platform, in Congress and out of Congress; when it has been calmly debated by the clearest heads and the most skillful and learned lawyers in the land; when every argument against it has been over and over again carefully considered and fairly answered; when its constitutionality has been especially discussed, pro and con; when it has passed the United States House of Representatives and has been solemnly enacted by the United States Senate (perhaps the most imposing legislative body in the world); when such a bill has been submitted to the cabinet of the nation, composed of the ablest men in the land; when it has passed under the scrutinizing eye of the Attorney-General of the United States; when the Executive of the Nation has given to it his name and formal approval; when it has taken its place upon the statute-book and has remained there for nearly a decade, and the country has largely assented to it, you will agree with me that the reasons for declaring such a law unconstitutional and void should be strong, irresistible, and absolutely conclusive.”

“Inasmuch as the law in question is a law in favor of liberty and justice, it ought to have had the benefit of any doubt which could arise as to its strict constitutionality.” (2)

Line-by-line, right up to the President’s signature, the passage of The Affordable Care Act of 2010 fails every “and” logical operator condition in this Block IF statement.  Starting here:

“…when a bill has been discussed for weeks and month and even years, in the press and on the platform, in Congress and out of Congress;”

Notice the subject is not “idea”, “concept”, or “desired earmarks or cynical promises for irrelevant Executive Orders”, he specifically says “a bill” as in legislative language, a document, a tangible, complete document.  It should be clear to all that nothing of the sort even existed as the President gave is “name and approval” to this massive anti-liberty bastard.

“…when it has been calmly debated by the clearest heads and the most skillful and learned lawyers in the land; when every argument against it has been over and over again carefully considered and fairly answered;”

Remember the weekend, late night sessions with no real bill to debate…we were told it must be passed for us to then see what was in it.  Obama, Reid, Pelosi, Collins, Nelson, Landrieu, Stupak, the CBO…this bastard has many “skillfull and learned” mothers.

“…when its constitutionality has been especially discussed, pro and con;”

Three words: “Are you kidding?” (3)  (Yes, go to that link below.)  The words “Speaker Pelosi” should forever be remembered as the vomit that choked every remaining ounce of credibility from the Party of Jefferson.

“…when it has passed the United States House of Representatives and has been solemnly enacted by the United States Senate (perhaps the most imposing legislative body in the world);”

I assume a man of character like Mr. Douglass had an understanding of the word “passed” that would be left wanting in Ms. Pelosi’s House as would the parenthetical above in Mr. Reid’s chamber.

“…when such a bill has been submitted to the cabinet of the nation, composed of the ablest men in the land; when it has passed under the scrutinizing eye of the Attorney-General of the United States;”

I am comfortable that history will soon record that “ablest” and “scrutinizing eye” will not be acceptable words for this administration and Mr. Holder, respectively.

Finally,

“…when it has taken its place upon the statute-book and has remained there for nearly a decade, and the country has largely assented to it, you will agree with me that the reasons for declaring such a law unconstitutional and void should be strong, irresistible, and absolutely conclusive.”

Near immediate rejection by many states, the 2010 elections, and politically motivated waivers flowing from the crack house of the bastard’s father…I agree, “the reasons for declaring such a law unconstitutional and void [are indeed] strong, irresistible, and absolutely conclusive.”

Finally, the timeless wisdom of Mr. Douglass that is flatly rejected by ninety-odd-percent of the heirs to his life’s work:

“I knew that however bad the Republican party was, the Democratic party was much worse.” (4)

I imagine that this current ninety-odd-percent would cheer the court’s 1883 logic – “although the Fourteenth Amendment prohibits discrimination by the state, it does not give the state the power to prohibit discrimination by private individuals” (5) – just as much as they surely will the intellectual contortions that will soon result in a constitutional affirmation of severability and the individual mandate.

Not.

Ntrepid
Proud Redstate Member since April 2006…?

(1) http://www.redstate.com/ntrepid/2011/07/15/remedial-book-notes-volume-1-primary-american-character/
(2) The Life and times of Frederick Douglass by Frederick Douglass.  Page 398.
(3) Powerline Archive: http://www.powerlineblog.com/archives/2011/03/028508.php
(4) The Life and times of Frederick Douglass by Frederick Douglass.  Page 407.
(5) Civil Rights Act of 1875, http://en.wikipedia.org/wiki/Civil_Rights_Act_of_1875

Previous Installments:

Volume 1.1: http://www.redstate.com/ntrepid/2011/08/20/remedial-book-notes-volume-1-1-%e2%80%93-evolving-expectations/

Volume 1.2: http://www.redstate.com/ntrepid/2011/09/30/remedial-book-notes-volume-1-2-%e2%80%93-%e2%80%9ci-had-better-things-to-do-than-be-angry-%e2%80%9d/

Volume 1.3: http://www.redstate.com/ntrepid/2011/11/11/remedial-book-notes-volume-1-3-%e2%80%93-%e2%80%9cslavery-was-a-state-of-war%e2%80%9d/

Volume 1.4: http://www.redstate.com/ntrepid/2011/11/18/remedial-book-notes-volume-1-4-%e2%80%93-%e2%80%9ca-tonic-like-no-other%e2%80%9d/

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