By Kelly O'Connell ——Bio and Archives--November 5, 2013
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We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.The WA Post reported a fascinating story which reveals how much Obama leads by division. His Stimulus Bill and ObamaCare are the two most unpopular bills in US history, as measured by the difference between Democrat and Republican support, by a rate by party of over 90%. For example, zero Republicans voted for the healthcare law when it passed. ObamaCare has never been favored by the will of the majority. About 70% of voters favor returning healthcare laws back to 2009 laws. Generally, over 60% of Americans have always opposed the draconian healthcare law. But new polling shows that nearly 60% of Democrat voters oppose the bill. So according to the Founders and their Declaration and Constitution, since ObamaCare has never been the will of the People, it should be considered illegal and repealed immediately. Or, the government itself should be replaced if this is not followed, according to President Jefferson's Declaration of Independence.
Publication of false or erroneous information on constitutional amendment or submitted question as misdemeanor. Any person knowingly printing, publishing, or delivering to any voter of this state a document containing any purported constitutional amendment, question, law, or measure to be submitted to the voters at any election, in which such constitutional amendment, question, law, or measure is misstated, erroneously printed, or by which false or misleading information is given to the voters, is guilty of a Class 2 misdemeanor.Again, the law of Washington State makes illegal lying to public servants, which could be applied to Washington DC and Barack misleading our elected representatives. Here is Washington State's RCW 9A.76.175: Making a false or misleading statement to a public servant:
A person who knowingly makes a false or misleading material statement to a public servant is guilty of a gross misdemeanor. "Material statement" means a written or oral statement reasonably likely to be relied upon by a public servant in the discharge of his or her official powers or duties.We prohibit false advertising in sales: 15 USC § 78r - Liability for misleading statements. But is the selling of legislation on outright, known falsehoods supposed to be less of a danger to the Republic? We ought to prosecute the selling of laws by way of misleading statements or outright lies. Here are five lies, already outrageously uncovered, that Obama and his proxies offered up for support of ObamaCare, from Townhall:
Under Contract Law, an impossible to fulfill agreement is unenforceable, for eminently logical reasons. For example, the Uniform Commercial Code, the world's greatest mercantile rule book, defines Impossibility here:Where contracts for the sale of goods are concerned UCC 2-615 sets forth three conditions which must be satisfied before performance is excused: (1) a contingency has occurred; (2) the contingency has made performance impracticable; and (3) the nonoccurrence of that contingency was a basic assumption upon which the contract was made.Likewise, a law which cannot be fulfilled ought to be repealed. The basic argument would be that the catastrophic failure of the ObamaCare websites represents an impossible to surmount technical problem. But even if we fix these sites, it would take so long, and without a stopgap for all the persons already booted off their insurance plans, that to leave nothing in its place would be to visit avoidable disaster upon millions of innocent Americans. But the government should at least cancel three important aspects of this draconian law. First, all insurance plans should be made able to grandfather into ObamaCare. Second, ObamaCare should be made wholly voluntary. Third, the punishment phase should be made lex imperfecta, or without any penalty.
In property law, refers to overt and willful acts of destruction that lead to the drop in value of a piece of property by harming the property or depleting natural resources available on the property. As a general rule, tenants of property are not allowed to commit voluntary or affirmative waste to the property on which they reside, meaning they cannot deplete the land of its natural resources.Now, applying these principles to ObamaCare could yield some very fruitful results. First, the law which makes 30-hour a week employees "full time" is accidentally, but foreseeably, creating greater poverty across America. This rule ought to be cancelled because it is needlessly causing a larger poverty class. Again, the overly broad policies of ObamaCare are causing sticker-shock at their typically supersized pricing. According to Forbes, ObamaCare will raise healthcare spending $621 billion a year, which adds $7,450 per family of 4. The theory behind the Doctrine of Waste says that avoidable destruction of private property or money should be avoided. For this reason, American legislators should repeal ObamaCare so as not to destroy trillions of dollars of wealth of private property each year.
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Kelly O’Connell is an author and attorney. He was born on the West Coast, raised in Las Vegas, and matriculated from the University of Oregon. After laboring for the Reformed Church in Galway, Ireland, he returned to America and attended law school in Virginia, where he earned a JD and a Master’s degree in Government. He spent a stint working as a researcher and writer of academic articles at a Miami law school, focusing on ancient law and society. He has also been employed as a university Speech & Debate professor. He then returned West and worked as an assistant district attorney. Kelly is now is a private practitioner with a small law practice in New Mexico.