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Article V Amendment Repeals ObamaCare Forever

Mandeville, LA – This Clip of The Day was originally aired and published on Jul 11,2012 and is part of the Founders Pass Flashback Collection.

Exclusive Audio and Transcript – If you want the foolproof, I shouldn’t say foolproof, the more sure methodology to get out of ObamaCare here, a mere 12 days after the Roberts Court passed the edict down from Mount Olympus, from Mount SCOTUS, here is the near surefire way to get out of it: a constitutional amendment. Check out today’s transcript on HOW Article V would happen.

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Begin Mike Church Show Transcript

Mike:  There’s another way.  If you want the foolproof, I shouldn’t say foolproof, the more sure methodology to get out of ObamaCare here, a mere 12 days after the Roberts Court passed the edict down from Mount Olympus, from Mount SCOTUS, here is the near surefire way to get out of it: constitutional amendment.  You’re going to have an effort on the floor of the House of Representin’ today.  Do we have any audio on the — yeah, you do, on repealing ObamaCare.  There’s going to be another vote, the 32nd now, to repeal the Affordable Care Act.  It probably will pass the house.

There are a couple of Democrats who are going to vote for it, I understand, two Democrats from North Carolina who I guess fear for their electoral hides.  It’s going to go to the Senate.  It’s probably not going anywhere in the Senate, though you shouldn’t really say that because there are Democrat senators that are up for reelection and may not want to have those marks on their scorecards that say not only did you give us ObamaCare the first time around, you voted against the repeal.  It’s not necessarily totally dead in the water.  That’s a bunch of media wishful thinking there.  That’s Chris Matthews’ wishful thinking.

Then, of course, it goes to Obama and he vetoes it.  Let me tell you what Obama can’t veto.  Let’s just pretend for a moment that there is a second Obama term and now you’re being told that unless Romney and Republicans are elected at the federal level, there’s nothing you can do about ObamaCare.  Well, again, there’s the nullification thing, which I think is gray, because it’s just not very well defined.  There are no Thomas Jeffersons around for us to follow.  There are no Jeffersons and Madisons and John Taylors in statehouses to follow.  It’s a very gray area.

Here’s where we do have some clarity, I think, at the end of the day.  Because this one is in the Constitution, it is a remedy that cannot be denied or argued, that it does provide the clarity, and that’s Article V Amendment Convention.  I know, I know.  [mocking] “Mike, we’re not starting off on a con con.”  Why not?  What is left of the limiting principles of your federal Constitution that would make you say that you don’t want to try and fix it systematically, semi-permanently?

Here’s how I would envision the Article V Amendment Convention would work.  One of us, it just needs one of us, would write the amendment.  We’ll get Professor Gutzman to write the amendment, or Professor Randy Barnett or Tom Woods or someone that is currently a legislator to write the amendment.  It doesn’t matter who writes it.  We’ll forward it around and ask for 30 days, give us some comment on this.  You can do an internet debate on it.  You could do a mini Article V Convention and have a discussion just on that amendment.  You can then take that amendment and send it to the House of Representatives, have it delivered to the house or have a member of the House of Representin’ introduce it as a piece of legislation, as an amendment to the Constitution.  The Congress would debate it.  If it passes out of Congress, it could then pass out of the Senate.

If you look at Article V, we have the methodology of how you would get this out.  “The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose Amendments.”  It would start in the House or start in the Senate.  Senator Paul or Senator Lee or Senator DeMint from South Carolina could propose the amendment.  You propose the amendment.  Let’s say you get it through both houses of Congress and it gets to President Obama’s desk in February of 2013, because he has been successfully reelected, heaven forbid, but the unthinkable has happened.

So Obama gets the amendment, which is worded to say that the statutory authority of the United States shall not extend to issues in medicine.  I’m not sure how you word it, but there will be a way to word it.  This has the potential, as well, to undermine permanently Medicare and Medicaid.  Consider what it is that you’re about to do.  AG, we’ve talked about this on the show.  You’ve brought this up.  You can’t just say you don’t want all of ObamaCare and then keep Medicare and Medicaid, can you?  The two are interrelated, in other words.  If you try to appeal just one, what do you do with the other vestiges of it?  If one becomes unconstitutional, then the other becomes unconstitutional, you would think.

So Obama would veto this.  What would then happen?  Well, you would need three-quarters of the several states.  By my count, that’s 34.  Most of your legislative sessions happen in the spring, except for Texas which is every other year.  I believe 2013 would be a legislature year for Texas.  Then you would have the chance for, by positive affirmation, legislative act.  Thirty four states would say, hey, we’ve got this amendment.  We sent it to you yahoos in Congress because our citizens demanded it.  You passed it and then Obama vetoed it, so we’re going around you.  We’re going to do an end run around here and we’re going to call for an Article V Convention.  There’s nothing you can do to stop it.  Once we get 34, we’re going to meet in convention and we’re going to ratify this damn amendment.  When we do, your goose, your ObamaCare goose is cooked.

At least using Article V we have the U.S. Constitution.  You do have the authority in it.  No one argues whether or not you do or not.  It’s never been done or tried before.  Desperate times call for desperate measures, do they not?  It does have the benefit, also, of being patently constitutional.  Once you have an amendment in place, you’ve fixed it, just like with prohibition.  You have an amendment that outlaws the importation and consumption of alcohol.  You have an amendment that repeals the prior amendment.  The amendment process works.  Just ask the IRS.  The amendment process works.  Just ask women who vote.  The amendment process works.  I could go on and on.  Well, it doesn’t work because the first ten don’t work anymore, do they?

If you’re looking for a constitutional, no gray area way out of this, Article V is it.  Again, I know the fear of the runaway con con and Nancy Pelosi coming in and taking it over and oh, they’re going to repeal the Second Amendment.  They can’t repeal the Second Amendment without states ratifying said repeal.  You have to send an amendment down to the states saying that Amendment Two is being revoked.  That’s not going to happen.  Anyway, you people ask questions; I try to provide answers.

End Mike Church Show Transcript

 

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  • “So Obama would veto this.”

    Obama couldn’t veto it. Presidents have no role in the process of amendments. They are special types of legislation: 2/3 House, 2/3 Senate, and 3/4 of the States. Nothing else. Washington never signed the 11th Amendment, which prompted Hollingsworth v. Virginia in 1798 in which the Supreme Court essentially decided unanimously that the President isn’t mentioned in Article V, thus has no say yes or no.

  • I don’t think Article V mandates that we go through the House/Senate first. I think the States can just bypass them from the beginning and begin the Convention on their own.

    • The article says that after 2/3 of the states have applied the Congress shall call the convention. If they fail to do so there is NOTHING that could stop the states from choosing a location and having the convention. The whole purpose of that language was to provide an end around Congress in the event IT became the source of the tyranny.

  • And I believe that is EXACTLY why C.J. Roberts upheld Obamacare. He knew how related that Medicare and Social Security are.

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