On April 25th the Tennessee State Senate voted unanimously to allow federal and state law enforcement officials full access to the medical records of the citizens of Tennessee. According to SB 2407, “…state and federal law enforcement personnel authorized to have access under 53-10-306 shall be permitted to have real time electronic access to the database…” The statute continues by stating that access is permitted “without the necessity of obtaining a search warrant.” It is a law which is scheduled to go into effect on July 1, 2012 as “the public welfare [requires] it.”
Outraged Tennessee residents who wrote and emailed their state senators about the Constitutionality of the law received the following replies from 2 of the lawmakers:
1.) “Legislation is only unconstitutional when the high court deems it so,” and
2.) “Then I’m sure it will be struck down in court.”
As Liberty Legal Foundation head counsel Van Irion so rightly puts it, “Both of these statements reflect a shocking disregard for the Constitution, for the Senators’ Oaths of Office and for the rights of their constituents.”
From Roe v Wade in which legal authority was granted via the convenient manufacture of a Constitutional “right to privacy,” to the 70 year old Wickard v Filburn ruling which held that the congressional power to regulate commerce extended to forbidding a farmer growing wheat for his own family, legislators have enjoyed a nearly limitless increase of their already substantial power thanks to the deference of the Supreme Court and the judiciary nationwide. After all, courts assume written statute will be Constitutional for it is the job of legislators to consider not only the effect but the Constitutionality of their work.
Some legislators are undoubtedly ignorant as to this Constitutional requirement of their position. Others—it often seems a majority—are happy to deliberately exceed the proper and legal limits of their Constitutionally granted power in the pursuit of ever greater authority over the lives and activities of the American public.
But over the years, too many lawmakers have begun to exercise authority based on the notion that they can literally get away with anything, enact any law they wish regardless of its Constitutionality.
As a case in point, New York Senator Chuck Schumer is already working on a measure to “get around” an expected Supreme Court ruling upholding the Arizona immigration law argued before the Court this week. Rather than abide by the decision of the nation’s highest court, Schumer’s only interest is in subverting it, revealing his contempt both for the authority of the court and for his own responsibility to the Constitution. (4)
To legislators of Schumer’s ilk the problem is not their fundamental assault on the rights of the American public, but rather making certain their choice of legislative language will pass muster with the Justices. If the semantics are right, the law must be acceptable!
Whether it be a result of deliberation or ignorance, the abuse of legislative power exhibited by lawmakers must be ended. By whatever means are necessary, the American public must be willing to get it done.
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More disobedient legislators at work. I guess it is time to follow the sage advice of the ex-EPA wise Latino, ‘A;’ Armendariz, and ‘Crucify Them!’ Impeachment would probably work, too, although the effects wouldn’t last as long.
tHESE FOOLS NOT ONLY VOTE, THEY MAKE “LAWS”…….. http://www.safeshare.tv/v/fJuNgBkloFE
lOOK UP DEFINITION OF “COLORABLE LAW”
Senator Chuck Schumer iS AN AVOWED COMMUNIST AND A CARD CARRYING MEMBER USA.
Yes……and who is going to impeach them or even arrest them? The people have no power at all and we may as well come to grips with that. Congress is totally without any conscience and refuses to work on behalf of their constituents When our representatives are blatantly ignoring the constitution and the will of the people who elected them, then we are indeed living under totalitarianism.
I have wondered what would happen if the public just refused to vote…..if they just decided it was pointless and so by consensus everyone stayed home or at work on election day. Would these thugs just arbitrarily place themselves into office anyhow…..I think they would…..that’s how much they mock the Constitution which is the law of the land.
I’ve also noticed that many of the states are following the federal government’s lead and usurping their authority.
All one has to do is look at those countries where Dictators are the countries leaders. Everyone on down in most every governmental agency is…corrupt! America (the states) are following the way of injustice, pilfering, theft, embezzlement, fraud, gun running, drugs running, people running, corruption is going unpunished. Monkey SEE Monkey DO! The fish Always stinks first, at the head!
Marseb, actually the power of recall or the vote can fix the problem, if only everyone looked at the big picture (loss of freedom) and not our individual instances only. Too many people getting free stuff, making to much because of unions, instead of merit, thinking of only theirselves, instead of all, being politically correct instead of what’s actually correct. The saving grace is the 2nd amendment. Some of these stupid people making these stupid laws may find theirselves out without recall or vote. This country (all of us, rich and poor) had better wake up. Times are going to get tough if they do not. Hang in there.
Wrong. We the People have the real power but have allowed others to wield it. It is time we take our country back starting with putting Ovomit in jail by charging him with criminal acts including treason and being an accessory to murder (for signing Fast & Furious). Once he is in jail, we charge congress with dereliction of duty and misprision of treason for failing to prevent a fraud from becoming POTUS. Then we go after all other elected SERPENTS, incarcerating those who violate the Constitution.
Imprison the criminals and execute the traitors!
OK Mike Travis, You have the football. Start the play and I will back ya……………..
mareseb, my congressional representative Tom McClintock (R Ca) is one of those representatives who is placing all home of obama being voted out of office. I asked what if he was not voted out……………… silence………… These politicians should be voted out of office also as they let the cats out of the bags. Any politician who does not want to take action against obama should loose their jobs also. Tell them its so so they can start looking for a job early.
I USED to like McClintock though he’s not my representative because in Sacramento, but I wrote to him about obama’s lack of vetting and he sent back a generic letter that told how obama went through a thorough vetting. Dan Lungren is my local guy and he ignores all my messages to him about what the HE and the GOP are allowing the Democrats to do.
I’m voting ALL incumbents out. They ALL are owned by the elite.
Stevor, I have seen some video’s of Dan Lundgran and it appears that he is just as worthless as McClintock. Yes, all gops and rats are going to be voted out of office in the coming elections. I will be fighting against McClintock It pissed me off when I read about the thorough vetting process as much as it did you. When McClintock said they would concentrate on getting obama voted out in Nov, I asked what if he does not get voted out……………………. silence………………….. That’s an awful big gamble for him not to be voted out.
I wish people could put the pieces together. The Federal Reserve Bank OWNS the US Government, LOCK, STOCK, And BARREL. Any one of you who see the truth, read the Federal Reserve Act, and all amendments after to the same document. You will see a Coup, and the Bankers have Completely over thrown the Citizens of the US without firing a shot, has Enslaved the masses. So Sad, So Few see the Truth.
The SCOTUS (read SCROTUM) has been back-loaded for years by both sides in order to “handle” situations where the nim-rod Congressmen have purposefully overstepped the Constitution. The Congress have become too power-mad and too lazy to do due diligence. I doubt that many of them can claim ignorance of the Constitutionality of any particular action that they take. Hells Bells most of them are lawyers!! If I can freekin figure it out SO CAN THEY! They enact this crap hoping that we the ignorant masses aren’t paying attention and won’t challenge them in court, or can’t afford to challenge them. Thankfully there are a few watchdogs out here in entitlement-land that give a crap and hole them to their OATH!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Thank you Van Irion !!!!!!!!!!!!! I am going to ask my doctor for my personal records and amend the HIPA statement to exclude the state of Indiana and the federal government.
Van Irion does a great job at the Liberty Legal Foundation. He argued one of the Obama eligibility cases before Judge Malihi back in February and took Malihi’s criminally incorrect decision all the way to the Georgia Supreme Court.
The Liberty Legal site is at: http://libertylegalfoundation.org/
Please visit and if you are interested, consider becoming one of the 34,000 members.
Time for the people to take back government, as per constitution, it’s legal
So how do you anticipate doing that berneemc? I would like to know?
Roger that berneemc! Start with putting the criminals in DC in jail, then do the same at the state level. That is the only way to get the attention of the morons, criminals, and despots in DC and in the States.
Make a list they must pay with their most precious thing.
What goes around comes around. If these fools whom we elect to positions of law making power flagrantly ignore the law which they are obviously doing with increasing frequency, then it naturally follows that we the people can do so as well. What we will have then is anarchy and a society in disarray, no longer the ordered society so essential to life, liberty and the pursuit of happiness. These fools are inviting it. Are they so blind they can’t see that? Apparently so. What they seem to forget or ignore so easily is that an estimated 70% of the U.S. citizenry is armed with the means to use deadly force if necessary to defend themselves when law and order breaks down. This is the only nation on earth with such means distributed among the public at large, something that was foreseen by our Founders as a last resort if necessary to enable the restoration of peace and order at great price. What price freedom?
I wsh there was a law that if an offical that takes the oath to the constitution and ignores it he or she should be arrested and if found guilty should be imprisoned for 10 years at hard labor and all of his or hers property siezed and sold to help defray the cost of his or hers confinement.
Amen to that, but I would make it for life without parole.
Under a CONSTITUTIONAL Form of Government, Elected Reps would not have a FULL TIME Government Job, Nor would they have Lavish Retirements and all the Perks that come with the FED Job they currently have. I have been Harping about the Federal Reserve Act and all the Power it gave the Bankers to RULE the US Government, well this is a Perfect Example. This is WHY our elected Officials don’t do anything, because they are EMPLOYEES of the FED, Not the US Government. Figure it out people
Under HIPA and doctor/patient confidentiality, I can’t get any information on my wife’s condition in a hospital, or results of any tests done with out her permission. The last I knew, states could make laws further restricting those of federal law, but not to decrease the effect of federal law. How does Tennessee get around this?
These moves are straight out of the Saul Alinsky handbook. They’ll throw a bunch of things at the wall, knowing none of them will stick, while the real planning, buying, negotiating, bullying, et al, is going on behind closed doors to steadly erode the God given rights we, so far, enjoy. The motto should be, deny, deny, deny! That denial is either the cover up of traitorous acts, or someone to damn ignorant to believe, or even know, what’s happening. It keeps the rest of us from looking to closely at the magicians hands.