Historians Will Judge ObamaCare Harshly

By Stuart J. Moskovitz


Now that we’ve all had the joy of seeing everyone rush to sign up for Obamacare, while having major reductions in the costs of their policies and experiencing everyone in this nation being fully insured (that was the promise, wasn’t it?), let’s not lose track of how we got here. When history writes about this fiasco, it will not focus on the abysmal failure that this very poorly written monstrosity turned out to be. It will not focus on the political bickering or the fact that it was passed solely with Democratic votes while every Republican proposal to amend, modify or correct it was ignored by Harry Reid and the Senate — modifications that may actually have enabled it to survive. No, history will focus, eventually, on the real horror of this bill, the gross violation of law and our Constitution that enabled it to stain our national landscape. Make no mistake. Historians will understand that the means “justified” by the ends in one instance may, in the future, justify some act that will be far less piquant than universal health care.


To begin with, the bill originated in the Senate, not the House. The Constitution forbids this in Article I, Section 7. All bills for raising revenue MUST originate in the House, not the Senate. Thus, when Justice Roberts declared this to be a tax, when no one had argued before the Supreme Court that it was a tax, he inherently determined that it was unconstitutional while claiming it was constitutional. Yes, you will probably have to reread that sentence once or twice.


Harry Reid had anticipated this problem. He took a House Bill which had nothing to do with raising revenue — it provided housing for veterans — completely gutted it and put the 2,000 page ACA in its place, claiming he was “modifying” a House Bill. Were that strategy deemed appropriate, the Senate would forever be permitted to do what the founding fathers expressly forbid, initiate a tax bill in the Senate.


Nor is it an accident that the founding fathers gave that power solely to the House. The House is comprised of members who actually represent their constituents. Not only do most representatives represent far fewer people than do senators, but they each represent roughly the same number of people, unlike Senators who represent states, not people, and without regard to the number of people within each state. The Supreme Court, in Reynolds v. Sims, ruled that our American system of government requires “one man, one vote,” meaning that all elected officials should have a voting power equal to the number of people they represent, that is, in order to have the same voting power as a co-member of their elected body, they must represent the same number of people. The Senate is a unique exception to that rule, created by the name to bring the smaller states into the Union without fear they would have no voice. The House was always intended to be the voice of the people, while the Senate — elected by State legislatures, not people, prior to the Seventeenth Amendment — represented States.


Were that the only illegality, we might be able to live with the injustice. It was not. There was a serious question as to whether the Democrats would be able to get the 60 votes needed to pass the bill. With Al Franken beating Norman Coleman, they got exactly the 60 votes needed. How did Al Franken beat Norman Coleman? When the election ended, Norman Coleman had a lead in excess of 700 votes. After several partial recounts, the lead was cut in half. After many more recounts and several court cases, Franken magically won the election. In the process we learned that 1,099 felons voted in that election. Felons are not permitted to vote, but the Democrats do not allow purging of voting roles or voting ID’s. Now you understand why. Franken won by 312 votes. Franken was the 60th Senator, the deciding vote that passed the Affordable Care Act. Jimmy Carter never indicated any problems with this obviously suspect election.


Obamacare was an unconstitutional act passed only because an election was illegally conducted stealing a seat from the incumbent Republican Senator and giving it to a comedian whose principal claim to fame was sitting in front of a mirror and saying, “I’m good enough and gosh darnit, people like me.”


Eventually, that will be the historical discussion of this Act.

Posted: November 18th, 2013 | Author: | Filed under: ObamaCare, Opinion | Tags: , , , , , | 11 Comments »

11 Comments on “Historians Will Judge ObamaCare Harshly”

  1. Barry said at 3:37 pm on November 18th, 2013:

    The Senate has always modified irrelevant bills to avoid the Constitutional issue. The debt ceiling/appropriation bill passed to end the shutdown was a non revenue House bill stripped to put in the language that was passed on 10/17.

  2. Bob English said at 9:56 am on November 19th, 2013:

    The stories spread by conservative media about the election in Minnessotta were shown not to be true by numerous fact checking articles/pages. Suprised its even being recycled. Link to one is below but there are many more.


    As for the ACA, no doubt the rollout of the fed excahnge website was a disaster but that will be fixed soon. Obama takes a big hit for that.

    Although it was no secret that people would be able to keep their current polcies only if they came under the grandfather provision (no major changes to the policy after the ACA went into effect), Obama did not do a good job noting that when he was making statements about keeping the policy you had…so he takes a hit for that also.

    With that said, nobody can make a judgement at this point as to what historians will say about the ACA. Many provisions of the ACA are working fine as are most of the state exchanges. At the very least, give it six months to a year and then people can start making short term judgements. In reality though, I’d think its going to be a couple of years before you can conclude whether the ACA in total is working as intended.

  3. I'm Sorry Bob said at 7:13 pm on November 19th, 2013:

    You are a nice guy, really; I do believe that and I mean that..

    But Obamacare is a disaster, with a new failure coming out almost daily. And your constant defense of it is making you lose credibility.

    Here’s the lastest:



    Including a key financial aspect of it. My God Bob, the Keystone Kops could have done a better job.

    And then there was this sad story:


    Hispanics & Young Folks turning on it:


    Beat up on Rush all you want Bob, he’s just the bearer of bad news for Liberals, and he is just quoting facts, like the latest Gallup Poll. Like the artwork sh0ws, he’s 99.7% right on the facts:


    Obamacare is slowly passing the tipping point where it can’t be saved.


    Even Piers Morgan has had it:


    And cancer patients?


    There comes a point in time Bob, where you have got to grab on to reality and stop drinking the Kool Aid.

    America doesn’t have 6 months to a year for this to straighten out. Good people are going to suffer and die, most paying more despite the promises.

    College students are going to pay more, millions will still not have health insurance.

    You can try and debate this Bob, but for every point you try and make, I’ve got a dozen horror stories about Obamacare just sitting in the favorites folder.

    Obamcare is a failure, they knew it was going to be a problem back in 2010 and they LIED about it.

    Why the hell should we trust that they won’t lie again, or that they can fix it?

    Jim Granelli

  4. ... but, sadly, said at 7:21 pm on November 19th, 2013:

    NOT soon enough! Hope there will be a history to write it..

  5. We Just Can't said at 7:43 pm on November 19th, 2013:

    Believe the lies anymore



  6. Bob English said at 11:56 pm on November 19th, 2013:

    Jim…actually I think my comments were pretty tough on Obama.

    Note that not everything you are hearing on tv or the radio is true. Numerous follow-ups with guests who appeared on shows such as Hannities have shown that their individual circumstances are often not accurately portrayed and follow-ups showed that the same guests are able to purchase much better plans than they had and/or save a lot of money. Unfortunately people like Hannity did not do a little research before putting some of these people on the air.

  7. @Bob said at 8:40 am on November 20th, 2013:

    “Obama takes a big hit” is tough? The administration LIED and he LIED. Scorn is what is needed for this President and his poll numbers are showing it.

    Did I mention Hannity anywhere? With the exception of Rush, who used facts already in evidence, your comments about “guests” are not applicable.

    FACTS were used.

    But your response is pretty much what I expected. Thinking like yours where people are desperate to hang on to the (false) promises is only extending the misery that is Obamacare.

    It’s time to realize that you can’t get more benefits for less money, you can’t keep your plan, you are going to pay more and money is being taken from one side to pay for those who do not have.

    Navigators who are criminals have had access to secure info. People will be denied care. No, maybe no death panels per say, but the cancer article above should scare you. And that is just a start.

    No Bob, it’s a complete farce. There is ust too much to fix.

    Look, I’m not going to argue with you here or anyplace anymore. It’s like running in place, never getting anywhere. I’ve got no time to deal with people who want to keep their head in that sand when the health care system is being downgraded.


  8. Here's More said at 8:50 am on November 20th, 2013:

    Consequences Of Obamacare


    It’s shear bull crap.


  9. @Mr. Moskovitz said at 8:59 am on November 20th, 2013:

    I didn’t think the waiting period would be this short. People are already judging it to be a failure, along with the President.


  10. Sancho Panza said at 8:06 am on November 21st, 2013:

    @Bob English
    You don’t find one factual error in the recap of Al Franken’s vote in Minnesota. And your source twists and turns and still comes up with just invective. His lone effort is pure prattle:

    “Let’s take one key stat that Minnesota Majority focuses on, that 341 alleged felons from heavily Democratic Hennepin and Ramsey counties voted. For the moment, take that at face value.

    That would mean, based on voter turnout numbers, about 70 percent of them (240) would be from Hennepin and 30 percent (101) would be from Ramsey. Taking into account the percentages for Franken, Coleman and others in each of those counties, Franken would net 51 votes.

    Remember, he won by 312. Let’s take away those 51 in this silly game. That still isn’t enough to switch the result.”

  11. People Are Going To Have To Decide said at 9:24 am on November 21st, 2013:

    Which side of history they want to be on.

    This many people can’t be wrong:


    I surmise, the rest are naive, stuck on stupid, blind, stubborn or just have their heads stuck in the sand.