Crossposted at Musings of a Mad Conservative
Every once in a while, something is said on C-Span which makes me chuckle out loud. The left’s brightest representative, (ie. a true idiot,) Congress Woman Sheila Jackson Lee, a moonbat from Texas gave me such a moment yesterday. In arguing against the House’s measure to repeal Obamacare, Ms. Lee stated that repealing a Law, which a Federal Court ruled as being unconstitutional, was itself unconstitutional. Her Claim was that it violates the Fifth and Fourteenth Amendments. When you stop laughing, read on.
Where to start with this one. First, I have included as a stand alone page on this blog, purely for fun, a civics quiz administered by the Intercollegiate Studies Institute. This quiz was failed by the American Public in general by an average score of 54%. It was failed by our elected political leaders by an average score of 49%. That means that Sheila Jackson Lee, Moonbat from Texas should not be lecturing anyone on the Constitution. You’re right, that’s too easy an out, and it’s not fair to assume that Sheila scored at or below the average of her fellow classmates. Perhaps we should look at her arguments.
Here is the link to C-Span from yesterday. Lee’s comments start at 1:34:35, and it is possible to move the cursor straight to that point in time. The Government’s servers are top notch.
Here is a partial transcript of Lee’s comments:
“The Fifth Amendment speaks specifically to denying someone their life and liberty without due process,” she said in a speech on the House floor moments ago. “That is what H.R. 2 does and I rise in opposition to it. And I rise in opposition because it is important that we preserve lives and we recognize that 40 million-plus are uninsured.
She continued, “Can you tell me what’s more unconstitutional than taking away from the people of America their Fifth Amendment rights, their Fourteenth Amendment rights, and the right to equal protection under the law?”
Lee moves on from there to my favorite debate tactic of the left, anecdotal stories of woe and want. Defeating each anecdotal argument is tedious, because all they have to do is come up with another story, which may or may not be true, but only needs to sound plausible. This method of debate is specious at best and deserves nothing but contempt. Every Democrat Presidential Candidate Since at least Carter has employed this tactic, and every Democrat congress critter uses it daily. It relies strictly on emotion, which is fitting, as emotional appeals is the entirety of the Democrat Platform anyhow. On to other parts of Sheila’s argument. For reference, here are the Fifth and Fourteenth Amendments:
Amendment V.No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment ofa Grand Jury, except in cases arising in the land or navalforces, or in the Militia, when in actual service in time ofWar or public danger; nor shall any person be subject forthe same offence to be twice put in jeopardy of life or limb;nor shall be compelled in any criminal case to be a witnessagainst himself, nor be deprived of life, liberty, or property,without due process of law; nor shall private property betaken for public use, without just compensation.
Amendment XIV.
(Note: Article I, Section 2 of the Constitution was modified bySection 2 of the 14th Amendment.)
SECTION 1.
All persons born or naturalized in the United States andsubject to the jurisdiction thereof, are citizens of the UnitedStates and of the State wherein they reside. No State shallmake or enforce any law which shall abridge the privilegesor immunities of citizens of the United States; nor shallany State deprive any person of life, liberty, or property,without due process of law; nor deny to any person withinits jurisdiction the equal protection of the laws.
SECTION 2.
Representatives shall be apportioned among the severalStates according to their respective numbers, counting thewhole number of persons in each State, excluding Indiansnot taxed. But when the right to vote at any election forthe choice of electors for President and Vice President ofthe United States, Representatives in Congress, the Executiveand Judicial officers of a State, or the members of theLegislature thereof, is denied to any of the male inhabitantsof such State, [being twenty-one years of age,]* andcitizens of the United States, or in any way abridged, exceptfor participation in rebellion, or other crime, the basis ofrepresentation therein shall be reduced in the proportionwhich the number of such male citizens shall bear to thewhole number of male citizens twenty-one years of age insuch State.
SECTION 3.
No person shall be a Senator or Representative in Congress,or elector of President and Vice President, or holdany office, civil or military, under the United States, orunder any State, who, having previously taken an oath, as amember of Congress, or as an officer of the United States,or as a member of any State legislature, or as an executiveor judicial officer of any State, to support the Constitutionof the United States, shall have engaged in insurrection orrebellion against the same, or given aid or comfort to theenemies thereof. But Congress may by a vote of two-thirdsof each House, remove such disability.
SECTION 4.
The validity of the public debt of the United States, authorizedby law, including debts incurred for payment ofpensions and bounties for services in suppressing insurrectionor rebellion, shall not be questioned. But neither theUnited States nor any State shall assume or pay any debtor obligation incurred in aid of insurrection or rebellionagainst the United States, or any claim for the loss or emancipationof any slave; but all such debts, obligations andclaims shall be held illegal and void.
SECTION 5.
The Congress shall have the power to enforce, by appropriatelegislation, the provisions of this article.*Changed by Section 1 of the 26th Amendment.Passed by Congress June 13, 1866. Ratified July 9, 1868.
Let me start by making a simple observation. we do not live in a vacuum. The authors of our Constitution wrote extensively to help us understand what their intentions were. These writings are called the Federalist Papers, and are available in every public library in the country. When we discuss Socialized Health Care, we have examples of countries who have tried it, and can witness the results for ourselves. So, when we see that 57% of British Citizens have performed woodshed tooth extractions, we see the actual results of offering free dental care to every citizen in the country. (A woodshed tooth extraction refers to pulling one’s own tooth, without the aid of a dentist.) In our context, the Federalist papers make it clear that the rights guaranteed in the Bill of Rights are considered negative rights. That is, they are things which the government, any government, could not inflict upon the citizenry. They are not a list of entitlements, which the citizens should expect to be handed. Lee’s argument is that, the right to life, liberty, property, means that the citizens are entitled to receive any commodity from the government which would be deemed necessary by the courts to achieve such ends. When the Constitution was written, the founders made it abundantly clear that each person was responsible for forging their own path. The Fourteenth Amendment was put in her idiocy for a different reason. The current argument concocted by the left, is that the Fourth and Fifth Amendments only applied to the Federal Government prior to the Fourteenth Amendment being passed. The Fourteenth was passed solely as a post Civil War Reconstruction Amendment. The entire purpose was to make it unconstitutional to deny citizenship to former slaves on the basis that they weren’t citizens before the Civil War. It also contained provisions to deny paying debt issued to the confederacy by foreign nations, and to prevent officers serving in the confederate army from attaining rank in the Union Army. I disagree with this interpretation that the Bill of Rights would not be enforced at the State level should the Fourteenth be repealed. Currently, the Fourteenth is the source for the anchor baby loophole in our immigration laws. This is the real reason the left wants it kept. If the Fourteenth Amendment produced Republican voting anchor babies, you could bet your bottom dollar that Sheila Jackson Lee and he cohorts would be screaming from the rooftops to repeal the sucker.
Exit question: Is Sheila Jackson Lee respected by her fellow Democrats, or do they find her idiotic as well?
Tags: Constitution, Democrats