Tuesday, December 22, 2009


As attorneys general across the country consider possible legal action if Democrats succeed in passing healthcare reform as the bill is currently written, they will have strong support from not only many residents of their states - but also from a short, but extremely well-worded clause in the American Constitution. It is the first paragraph of Section 8 of that historic document and reads: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts, excises shall be uniform throughout the United States.
The word uniform equals equality.
Sweetheart deals to buy the votes of Democrat senators like the one exempting Nebraskans from paying their share of future medicaid increases "in perpetuity", leaving Hoosiers to pay a larger share, clearly violates the equal taxation provision of the Constitution.
Our founding fathers were wise. They were succinct. And there words were clear.
Evan Bayh, D-IN, himself an attorney who took an oath to uphold the Constitution, must have forgotten that little paragraph when he cast his vote in the middle of the night. He needs a refresher course on the rights of the citizens he represents, Democrats and Republicans alike, who proudly reside in Indiana.
Even more repugnant, nee appalling, is an amendment to the heathcare bill that allows for a medicare commission that Sarah Palin rightly labeled a death panel in her famous Nov. 24th twitter statement. Worse, the amendment declares that a future congress cannot repeal the medicare commission amendment.
That is the kind of action we expect from a Hugo Chavez. Not from the Congress of a representative democracy.
If this healthcare bill becomes law and the sweetheart deals and earmarks stand, then the State of Indiana and its attorney general should take legal action to protect every resident of this state from unequal taxation. Indiana should join a consortium of other like-minded states and file suit to stop these unfair, unrepresentative and unconstitutional provisions of a bill that will impact all Americans.
We won a long and bloody revolution to secure the right of no taxation without representation. Our attorney general needs to act.
But his action could be negated by the action of just one man - Senator Evan Bayh. If our senator were to withdraw his support from this bill now, he might become a catalyst for other fair-minded senators to follow him, enough perhaps to forestall final passage, which now requires only a simple majority and force congress to redraw a more equitable healthcare bill for all Americans.
And by withdrawing his support, Evan Bayh would indeed be a profile in courage to his state and its residents.

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