Is our President engaging in an act of sedition?

My friend Scott pointed me to this today – we may have a legitimate Constitutional crisis unfolding in Washington, ladies and gentlemen.

To recap the story so far: The “Obamacare” health care bill that was passed mandates that individuals purchase health insurance. This is obviously and dramatically beyond the scope of government powers granted in the constitution. A Federal Judge ruled it unconstitutional for this reason – specifically stating that the declaratory judgement was equivalent to an injunction in this case (nothing new, this is based on precedent) – and because there is no severability clause in the bill, the entire bill is thus rendered moot.

This means that the Obama Administration has two options:

  1. Comply with the ruling, ceasing immediately all activity enforced or mandated by the bill, or
  2. Appeal and ask for a stay pending its hearing.

That’s it. Those are the only legal options. However, Obama’s never one to let the law stand in his way:

The White House officials said that the ruling would not have an impact on implementation of the law, which is being phased in gradually. (The individual mandate, for example, does not begin until 2014.) They said that states cannot use the ruling as a basis to delay implementation in part because the ruling does not rest on “anything like a conventional Constitutional analysis.” Twenty-six states were involved in the lawsuit.

In a blog post on the White House website, Assistant to the President and Deputy Senior Adviser Stephanie Cutter wrote that the case is “is a plain case of judicial overreaching.”

“We don’t believe this kind of judicial activism will be upheld and we are confident that the Affordable Care Act will ultimately be declared constitutional by the courts,” she added.

My favorite part is where Obama’s Administration calls it “judicial activism” – you know, the bread and butter they’ve subsisted on for years. So now we have an Administration that has come out and said plainly that they will ignore a Federal Judge’s declaratory judgement, simply because they don’t like what it says. Take a moment and ponder that. They have stated that they will intentionally disobey the law – and do so at this moment by enforcing its statutes and staffing up for further enforcement and implementation. Legally, when using force (such as, say, threat of imprisonment) to push back against enforcement of the law or of its authority, this is called seditious conspiracy:

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.

I find it difficult to believe anyone will bother trying to levy this charge against anyone in Obama’s Administration, but there the law stands. Regardless, it doesn’t effect the legality of what they are doing in any way. To quote my friend (emphasis in original):

Did you hear me? Obamacare is null and void. Today. Right now. And it will remain so unless and until the US Government appeals and Judge Vinson is overruled. The Appellate Court and/or the Supreme Court can agree to hear the case, but the Executive Branch can’t enforce it in any way unless a stay is granted. And if the higher court either upholds the lower court’s ruling or declines to take the case, then the only way to enact such a law is to pass a Constitutional Amendment.

That’s THE LAW. I don’t care if you like the law or don’t. I don’t care if you like Obama or Obamacare, or don’t. It is the system of rules by which every President and every Judge and Justice must play. If and when they step outside that system then they have no rightful authority and their actions against the system constitute insurrection, or conspiracy to same, which is called sedition. Any of these acts is grounds for impeachment.

There you have it, folks. How do you feel about the President baldly ignoring the Constitution of the United States, and then publicly stating he refuses to be held accountable by it? Do you care yet?

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