Comments on: John Kroger: Slavemaster For the Feds?

By: TextualistDude

TextualistDude — Fri, 24 Sep 2010 14:22:46 +0000

Tom
Thanks for the cite to Linder. While I strongly agree the Constitution does not grant Congress the power to regulate national health care insurance, Linder doesn't settle the matter. Linder's holding is that the criminal indictment in question alleged no facts that would establish a crime had been committed as defined by the Narcotics Act in question. As such, any conviction was inappropriate.
According to the Court, the Narcotics Act in question was a revenue collection scheme in the nature of a tax and the underlying indictment presented no claim the doctor inhibited the collection of the 'tax' in question. As such, there was no basis for a conviction. This is shown by the following quote from the opinion in Linder:

"We find no facts alleged in the indictment sufficient to show that petitioner had done anything falling within definite inhibitions or sufficient materially to imperil orderly collection of revenue from sales."

Linder, 268 US 5 (1925).

The statement about 'direct control' of medical practice is dicta and refers, in context, to the idea of the federal government dictating how a doctor conducts his/her daily practice. Sadly, the following dicta from Linder actually supports those who NOW claim ObamaCare is a only tax measure:

"Obviously, direct control of medical practice in the states is beyond the power of the federal government. Incidental regulation of such practice by Congress through a taxing act cannot extend to matters plainly inappropriate and unnecessary to reasonable enforcement of a revenue measure."

In other words, the Court had already held that the taxing measure was valid but dictating the details of medical decisions made by licensed doctors was not. I'm quite sure those who support ObamaCare today would argue this is exactly how it is structured.

In sum, Linder stands for the unremarkable proposition that a criminal conviction cannot stand if the underlying indictment failed to allege facts sufficient to support a conviction.

By: Dalia

Dalia — Mon, 20 Sep 2010 03:08:40 +0000

People, people, people. One day very soon, if you do your research, you will find that these Mandates, statutes, codes, ordinances, regulations apply and ONLY APPLY, to the government workers. They don't apply to non government workers.

Example: Case cite Rodrigues v Ray Donavan All codes, rules and regulations are applicable to the government authorities only, not to human/Creators according to Gods law.

Boy do they love it when you assume any of this crap they deal out has to do with the private sector. Because when you assume it applies to you, they keep treating you as a Trustee when you are and have always been, the Beneficiary).

By: dave

dave — Mon, 20 Sep 2010 02:59:27 +0000

All laws found in the 50 Titles of the United States Code is law for the government or citizens and residents of the United States, the territory owned by the United States of America or subject to its jurisdiction.
Go to edrivera dot com and learn more

By: Tim Singleton

Tim Singleton — Sun, 19 Sep 2010 14:48:07 +0000

Most democrats and republicans are good salt of the earth folks. It is the DNC and RNC that have collaborated over the years to drive us to near economic annihilation. It is my opinion that both the DNC and RNC are collaborating on implementing the Cloward-Piven strategy. Whoever is in power and how fast they move is determined on their assessment of just how mad the people are.

In November let's show them just how mad we are.

By: Tom Guan

Tom Guan — Sun, 19 Sep 2010 14:33:50 +0000

I regret to say the case already has already been decided if anyone ever did a little legal digging. The Government lost!
Linder v. United States , 268 U.S. 5 (1925)
The following is a 1925 Supreme Court ruling that placed direct control of our health care by the federal government as unconstitutional.
U.S. Supreme Court
Linder v. United States , 268 U.S. 5 (1925)
Linder v. United States
No. 183
Submitted March 9, 1925
Decided April 13, 1925
268 U.S. 5

CHeers,
Tom

By: timothy.reeves

timothy.reeves — Sun, 19 Sep 2010 07:09:15 +0000

Lets face it, our Federal Representatives have completely ceased the facade that they care what we think, but I expected more from our state government, If they are who we are counting on to push back against the Feds, they're gonna need to get off their hands and knees, and stop kissing butt first.

By: timothy.reeves

timothy.reeves — Sun, 19 Sep 2010 06:32:29 +0000

This guy is not up for reelection till 2012. Ron Wyden (our statist senator up for reelection right now)has been forced to beg the federal government (of course without success) for exemption from Obamacare, and meanwhile our state government is doing bupkis, even worse they are opposing efforts to cut off this catastrophic bill at the pass. Ironically by passing socialized healthcare nationally, Oregons system had the legs cut out from under it (because it relied on the part of medicare which got cut in the bill), funny how things work out…

By: Militant Libertarian » John Kroger: Slavemaster For the Feds?

Militant Libertarian » John Kroger: Slavemaster For the Feds? — Sun, 19 Sep 2010 02:40:29 +0000

[...] by Timothy Reeves, 10AC [...]

By: Rich

Rich — Sat, 18 Sep 2010 23:53:18 +0000

I got the same doublespeak when I wrote Wu and urged him to not vote for the bailout.

By: TextualistDude

TextualistDude — Sat, 18 Sep 2010 13:58:06 +0000

I'm an Oregon native and a lawyer. I've lived here all my 50+ years and I've seen Oregon go to h3ll in a hand basket. We have had Democrat governors for more than 20 years and look at the mess we're in.

Kroger is a dyed-in-the-wool Clinton Democrat, a lawyer, a philosophy major in college, a law professor and a state employee. It's hard to come up with a list that would make him more likely to support statism.

I'm not a Republican, mind you. But, it's important to note that liberal policies and union control of government through the Democratic party are leading us even more quickly into bankruptcy than the slightly slower pace to hell the R's cause. California, our neighbor to the South, is leading the way there with their insane policies.

As long as we keep electing losers like Krogan, we can expect this crap. Now, we're looking at the return of Dr. Kitzhaber from his lengthy hiatus in Colorado or the former center for the Trail Blazers for our next governor. With that kind of choice, is it any wonder we're screwed?

Similarly, FWIW, our next presidential election will be a choice between Obama and Romney. Wow! That's just great! (sarcasm)… It might as well be Obama vs. McCain again.