Twas the Congress Before Christmas By Senator Kit Bond

Republican Senators Ask Americans to Stop Flawed Health Care Bill

CONSTRUCTIVE NOTICE OF INSTRUCTION

STATE CONSTITUTION (EXCERPT) CONSTITUTION OF MICHIGAN OF 1963

§ 3 Assembly, consultation, instruction, petition.

Sec. 3.

The people have the right peaceably to assemble, to consult for the common good, to instruct their representatives and to petition the government for redress of grievances.

History: Const. 1963, Art. I, § 3, Eff. Jan. 1, 1964
Former Constitution: See Const. 1908, Art. II, § 2.

TO: Washington, DC Office

Senator Debbie Stabenow

133 Hart Senate Office Building

Washington, DC 20510

Phone: (202) 224-4822

e-mail: senator@stabenow.senate.gov

WASHINGTON

Carl Levin

269 Russell Office Building

U.S. Senate

Washington, DC 20510-2202

Phone (202) 224-6221

Fax (202) 224-1388

TTY (202) 224-2816

8:30 a.m. - 6:00 p.m.

senator_levin@levin.senate.gov

Dear Senators Levin and Stabenow,

It is my understanding from the news reports that you are scheduled to vote in this Illegal and Unconstitutional Health Care Reform Act on Monday at 1 am.

I am putting you on CONSTRUCTIVE NOTICE OF INSTRUCTION that you do not have any LEGAL CONSTITUTIONAL authority to vote yes on this issue. Therefor, you must vote no or you will be in VIOLATION of your OATH OF OFFICE and subject to removal.

Congress lacks the constitutional authority to regulate and control the practice of medicine in the jurisdiction of the States.

See Linder v. United States, 268 U.S. 5, 18, 45 S.Ct. 446 (1925) ("Obviously, direct control of medical practice in the states is beyond the power of the federal government");

Lambert v. Yellowly, 272 U.S. 581, 589, 47 S.Ct. 210 (1926) ("It is important also to bear in mind that 'direct control of medical practice in the States is beyond the power of the Federal Government.' Linder v. United States 268 U.S. 5, 18. Congress, therefore, cannot directly restrict the professional judgment of the physician or interfere with its free exercise in the treatment of disease. Whatever power exists in that respect belongs to the states exclusively.")

Oregon v. Ashcroff, 368 F.3d 1118, 1124 (9th Cir. 2004) ("The principle that state governments bear the primary responsibility for evaluating physician assisted suicide follows from our concept of federalism, which requires that state lawmakers, not the federal government, are 'the primary regulators of professional [medical] conduct.' Conant v. Walters, 309 F.3d 629, 639 (9th Cir. 2002);

Barsky v. Bd. of Regents, 347 U.S. 442, 449, 74 S.Ct 650, 98 L.ED. 829 (1954) ('It is elemental that a state has broad power to establish and enforce standards of conduct within its broders relative to the health of everyone there. It is a vital part of a state's police power.') The Attorney General 'may not...regulate [the doctor-patient] relationship to advance federal policy.' Conant, 309 F3d at 647 (Kozinski, J., concurring).")

And certain features of this proposed law will certainly be unconstitutional; see:

United States v. Constantine, 296, U.S. 287, 56 S.Ct. 223 (1935) "We think the suggestion has never been made -- certainly never entertained by this Court -- that the United States may impose cumulative penalties above and beyond those specified by state law for infractions of the state's criminal code by its own citizens. The affirmative of such a proposition would obliterate the distinction between the delegated powers of the federal government and those reserved to the states and to their citizens. The implications from a decision sustaining such an imposition would be startling. The concession of such a power would open the door to unlimited regulation of matters of state concern by federal authority. The regulation of the conduct of its own citizens belongs to the state, not to the United States. The right to impose sanctions for violations of the state's laws inheres in the body of its citizens speaking through their representatives. So far as the reservations of the Tenth Amendment were qualified by the adoption of the Eighteenth, the qualification has been abolished. (emphases added)

THE UNITED STATES CONSTITUTION

Article. IV.


Section. 3.

Clause 2: The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

CONSTITUTION OF MICHIGAN

OF

1835

ARTICLE I

BILL OF RIGHTS

Political power.

First. All political power is inherent in the people.

Right of the people.

2. Government is instituted for the protection, security, and benefit of the people; and they have the right at all times to alter or reform the same, and to abolish one form of government and establish another, whenever the public good requires it.

Right to assemble and petition.

20. The people shall have the right freely to assemble together, to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievances.

Acts void.

21. All acts of the legislature contrary to this or any other article of this Constitution shall be void.

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