Obamacare and the Legitimacy of the American Government

Let’s summarize what we know so far re: Obamacare, shall we?

1. Against ALL conventions of Application Development, neither System nor User Requirements EVER were fixed. In the app development world this means Obamacare NEVER had a set of Requirements that could be architected, designed, coded or tested. AND THE DEVELOPERS KNEW THIS; IT’S WHAT THEY DO. It is not ‘the website did not work,’ it is ‘the website COULD not work.’ That is a non-trivial difference that cost the taxpayers – so far – over $600M.

2. ONE of the high-level requirements that never existed was SECURITY of the site, of the User information, of the provider information. Because there were no Security Requirements, the system COULD NOT BE designed to be secure. If you cannot define something – you CANNOT test it, period. Security is not a patch that can be added later, as multiple IT security professionals have testified. Implementing the security required means starting the entire application development project all over again, and ensuring EACH Requirement is viewed from a security perspective such that its security (as well as its functionality) can be defined, architected, coded and tested.

3. The system was designed to PREVENT the User from seeing the price of what they were buying until after they had bought it, and until AFTER Leviathan had all their personal information… that it COULD NOT SECURE… that the developers KNEW could not be secured. America has laws against “Bait and Switch,” and the Obamacare website implementation VIOLATES THOSE LAWS.

4. 34 States have refused to let Obama hijack their economies and so have not signed up to create their own exchange.

5. The law allows for subsidies for those enrolling in State exchanges if they meet certain requirements. The law DOES NOT ALLOW subsidies for those enrolling in federal exchanges. Period. Providing subsidies to those NOT QUALIFYING UNDER THE LAW for those subsidies IS ILLEGAL, AND a violation of Constitutional Separation of Powers: The president MAY NOT SPEND MONEY WITHOUT A LAW ALLOWING HIM TO DO SO.

6. NO ONE in those 34 States (over 200M Americans) is eligible UNDER THE LAW for subsidies, which only can accrue to those in State exchanges. Providing subsidies to those not meeting the legal criteria for them is an illegal act in which the President spends money in a way NOT appropriated by Congress. Nixon lost a Separation of Powers lawsuit for EXACTLY THIS – it is UNCONSTITUTIONAL.

7. The law REQUIRES participation of all affected persons and organizations on 1 January 2014. NO LEGAL WAY EXISTS TO DELAY THIS DATE. Delaying it is CHANGING THE LAW ON THE WHIM OF THE PRESIDENT. It is a violation of Separation of Powers and is UNCONSTITUTIONAL.

8. From current reports, more than 100M policies (covering over 100M citizens) will be cancelled in order to achieve the stated goal of Obamacare – ensure that the 30M people without health insurance policies in 2009 are insured. Obamacare un-insures over 30% of Americans responsible enough to buy their own insurance in order to insure less than 10% of Americans who are not. What do those groups have in common? Responsible adults, those accepting their personal responsibility to insure themselves, for the most part vote Republican. Irresponsible adults, those NOT taking responsibility for their own needs, for the most part vote Democrat.

9. Obama and the Democrat Party are redistributing trillions of dollars in wealth, erasing the medical care for over 100M Americans, and grossly violating the Constitution… in order to buy the votes of 30M Americans.

Go read that again.

It is UNCONSTITUTIONAL AND ILLEGAL for Obama to subsidize ANYONE on Federal Exchanges. Unconstitutional because the President “shall take care that the laws be faithfully executed” (Article 2, Section 3), and ILLEGAL as nothing in the law allows him this authority – to change the law – and nothing in the Constitution allows him to spend money not appropriated by Congress.

(And this crap about “Prosecutorial discretion” is just that – crap. NOTHING in the Constitution gives the president the authority to NOT enforce the law just because he decides he doesn’t like it today – THAT is called “The Rule of Man,” and it is EXACTLY what America was created to prohibit.)

It is UNCONSTITUTIONAL and ILLEGAL for the president to delay the implementation of the law, PERIOD, for EXACTLY THE SAME REASONS.

It is UNCONSTITUTIONAL AND ILLEGAL for the president to waive the law for specific constituencies (unions, etc.) – for both the reasons cited above AND because of the Equal Protection clause of the 14th Amendment.

And – if it is true that the adherents of certain religions are protected from Obamacare BECAUSE OF THEIR RELIGION, that is both a violation of Equal Protection AND a violation of the First Amendment: “Congress shall make no law respecting an establishment of religion.” If excusing ONE religious group from a tax is not protecting a State religion, then NOTHING IS.

This has NEVER been about healthcare. It has ALWAYS been about redistribution, control and equality of outcome for those who refuse to pull their own weight in our society. Equality of outcome – logically and historically – can ONLY be attained when EVERYONE is in poverty but the elite.

That the above violations – lawless and grossly unconstitutional – have NOT already caused Congressional leadership to file multiple Separation of Powers lawsuits is APPALLING: CONGRESS IS REFUSING TO DO THEIR JOB TO PROTECT THE CONSTITUTION.

If this does not cause a rebellion, America ALREADY IS OVER.

And if neither Congress nor the military will do their jobs to rein-in an out-of-control Executive acting completely outside the Rule of Law – IN GROSS VIOLATION OF THE LAW AND THE CONSTITUTION – then the People MUST.

If the Rule of Law no longer exists for the rulers, then it no longer exists for the People.

If the Rule of Law – the Supreme Law of the Land (Article 6) – no longer applies, then no American government can claim legitimacy.

It is OUR COUNTRY and OUR CONSTITUTION. It does NOT belong to the president, the Congress or anyone else.



About Alex Scipio

About Alex Scipio: Alex moved out of the People's Republic of California to the Free State of Arizona, finally tiring of the lack of the Bill of Rights, the overgrown idiocracy, and the catering to non-Americans & welfare recipients. He still wonders how America got from Truman, Eisenhower, and Daniel Patrick Moynihan to the Liberal and Conservative extremes so badly managing America today. And, yes, islam DOES need to be annihilated. And doing what he can to get folks away from the extremes of political life.
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