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AK Gov: Obama-care May Violate Oath

From a bemused Associated Press:

Alaska gov: Enacting health care may violate oath

Thursday, February 3, 2011

JUNEAU, Alaska — Alaska Gov. Sean Parnell said Thursday he has asked his attorney general to advise him on whether implementing and enforcing the federal health care overhaul would put Parnell in violation of his oath of office.

A federal judge in Florida this week struck down the law as unconstitutional in a case joined by 26 states, including Alaska. A major point of contention is a provision requiring citizens to buy health insurance.

Parnell told reporters that he took an oath to support and defend the constitutions of the United States and Alaska. While the Republican governor concedes the issue is expected to be decided by the U.S. Supreme Court, he said he has a duty to uphold the law and wants Attorney General John J. Burns to advise on what that duty is after the Florida ruling.

"I’m caught between a federal government that says, ‘You must pursue this, you must pursue this,’ and I have the duty to uphold the rule of law," he said

Two federal judges have upheld the law, and another ruled the insurance mandate unconstitutional but did not strike down the rest of it. Parnell said the bottom line is: "The state is a party to an action where that law was declared unconstitutional. That’s the difference right now."

Which seems to us to be a very sensible position.

Before the judge’s ruling, Parnell said he didn’t "out of hand" reject all provisions of the law. He said he had pledged to review each aspect and deadline individually.

But he said he did not pursue "anything" related to the individual insurance mandate, which he said would have undermined the state’s position in the lawsuit and his belief that the provision is unconstitutional.

"And now, of course, the judge has said that that individual mandate is so closely tied with almost every provision," he said. "So, again, I’m asking, I need some clarification on what the effect of the lower court’s ruling is."

But don’t worry. The AP has found a mouthpiece to express their the correct point of view:

State Sen. Hollis French, an outspoken supporter of the health care law, said Parnell is "overreacting to a ruling of just one of 600 federal judges."

"The real effect on the ground is, Alaska consumers will be hurt if we don’t embrace some of these good reforms," said French, of Anchorage.

In the past, he said, lower court judges have found things like the federal minimum wage unconstitutional, decisions later overturned by the U.S. Supreme Court.

Mr. French is confused. The United States Supreme Court consistently invalidated early state attempts at compulsory minimum wage laws.

Even the first attempt at establishing a national minimum wage in 1933 (as part of the National Industrial Recovery Act) was declared unconstitutional by the Supreme Court in the 1935 court case ‘Schechter Poultry Corp. v. United States (295 U.S. 495).’

It wasn’t until Congress carefully re-worked their minimum wage legislation in 1938 (as part of the Fair Labor Standards Act), that it was able to pass muster according to the Supreme Court.

"One lower court ruling shouldn’t excite us too much," he said.

After all, what’s the rule of law to a Democrat politician? It’s just another one of those crazy fetishes.

This article was posted by Steve on Friday, February 4th, 2011. Comments are currently closed.

7 Responses to “AK Gov: Obama-care May Violate Oath”

  1. untrainable says:

    I said the same thing yesterday about the Senate voting against repeal of HCR. Since the standing ruling is that the law is unconstitutional then wouldn’t enacting it now be against the law until the appeal is won or lost and it makes it to the SCOTUS?
    Yesterday the Senate voted on repeal, and the party line held. Dems voted against repeal. Doesn’t that violate their oaths of office? I think Parnell is onto something here, and if it does become contagious I hope we can go back and look at the entire Senate for violation of their oaths as well. They voted to retain a law that is currently, publicly, by legal standards unconstitutional… Treason??? or just political conspiracy to fiscally rape the population of the USA for the next 20 years?
    I can’t wait to hear a Pelosi-esque response to questions like why did you violate your oath by voting for a law that had already been determined to be unconstitutional. You know, something like… “I was briefly briefed by the people I sent to be briefed, but I was never briefed by the people that should brief me on issues that I need to be briefed on. Briefly… not my fault…

  2. artboyusa says:

    BARACK OBAMA, World Genius, stars in “AGNEWSTEIN, or The Modern Prometheus”! Co-starring Dave Axelrod as “Igor” and introducing the late Spiro Agnew as “The Creature”!

    “This is it. This is the one, right here”.

    “Are you sure, Master?”

    “Of course I’m sure, Dave – I mean Igor. I can read, can’t I? ‘HERE LIES SPIRO T. AGNEW’ it says. ‘1918-1996 Much Misunderstood’”. The lantern light flickered over the rich marble of the headstone. “Now start digging, Igor – they don’t come any more shovel ready than this guy, you know”.

    “Yes, Master!”

    “I’ll keep watch. Let’s hope no one wanders past and wonders what we’re doing in a Baltimore cemetery at midnight with a storm lantern, a shovel and a canvas sack”.

    “I was kind of wondering that myself, Master”.

    “I didn’t say you could stop digging, did I? Dig dig! Chop chop! Let’s get that stiff back to the lab and onto the slab”.

    “An ingenious rhyme Master – but to what end?”

    “Always with the questions! Why can’t you be more like Olympia Snowe and just do as you’re told for once? Look, in that hole is what’s left of Spiro Agnew; the best Vice President the Mafia and the Teamsters could buy, Nixon’s personal attack dog – and I need him!”

    “But Master – won’t he be all smelly and icky and decayed?”

    “So what? He can’t smell worse than Helen Thomas. No Igor, I have in mind a special task for this Agnew creature, a job only he can do!”

    “But he’s dead Master! Dead!”

    “Pffft! A mere detail! You see, Igor; he shall be my personal Golem!”

    “Gollum? Like in Lord of the Rings?”

    “Not Gollum – Golem! G-o-l-e-m: an uncomprehending but animate lump of matter; as in the legend of the fabulous Golem of Prague, created from clay by the wizardlike Rabbi Loew in the Middle Ages to defend the Jews from their enemies”.

    “Oh – THAT Golem”.

    “Exactly! I require an angry yet witless dupe to attack, libel and savage my enemies, such as judges, governors and other outliers who’ve read the Constitution, while I maintain an aloof ‘above the fray’ aura of masterful authority. After all, I’m the president. Once I have Agnew back in the lab I shall resurrect him, using the latest scientific technology as seen on TV and as featured in Parade magazine! My boundless genius, harnessed to modern anti-aging serums and creams, shall infuse his carcass with new vigor and Ted Agnew shall live… again!”

    “But Master – you can’t play God!”

    “Ha ha ha! Just watch me! I say that Agnew shall once more walk the Earth and terrify my enemies and everybody else too. Dumb, corrupt and obedient as he was in life, so shall he be again – the perfect instrument for my assault on the Third Amendment!”

    “You mean the First Amendment, don’t you Master?” fretted Igor. “The Third Amendment forbids the quartering of troops in private dwellings during peace time without the consent of the owner”.

    “Shut up! Shut up! Shut up! Don’t contradict me! I hate that!”

    “Dealing with legitimate opposition does seem to be a big problem for you, Master”.

    “SHUT UP!”

  3. Mae says:

    It’s gotten to the point that even reading about what the libs are saying and doing makes me barf. As for reading the liberal media (or as someone named itrytobenice over at the comments section of RedState called them, “Make Believe Media”), I get red blood dots all over my face.

  4. merkelerk says:

    My day wouldn’t be complete without Sweetness and Light and Artboy’s never ending saga of the boy king.

    Keep writing.

  5. proreason says:

    “The real effect on the ground is, Alaska consumers will be hurt if we don’t embrace some of these good reforms,” said French”

    I could go for that.

    Anybody know of any good reforms in the national boat anchor.

  6. Tater Salad says:

    Allen West needs your support and we need his knowledge because Congressman West will become our next President of the United States. Please sign up as a member and receive e-mails and reports.


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