Obama Care and the Schechter Poultry Corporation

by Ryan on March 20, 2010

in Economy,Election 2010,Health Care,Politics,Tyranny

Here we are again — the most recent moment of the Obama Care endgame.  The Landmark Legal Foundation and Mark Levin are finding ways to challenge (pdf) the “Deem and Pass” maneuver which may materialize as a reality later today.  Also, many states are now in position to pass laws refusing new Obama Care mandates.  However, legal challenges take time and could be stopped along the way.  The fight will only have begun.

In the midst of the Great Depression, the Supreme Court heard a critical case called Schechter Poultry Corporation v. the United States.  At stake was the constitutionality of the federal government’s ability to dictate price, wage and employment mandates to individual companies, corporations, and mom-and-pop small businesses.  The “Blue Eagle” became the symbol of what was essentially a corporatist-like economic fascism taking hold in the United States.  Black markets arose and regular business people were arrested for selling services for a few cent less than their local competitors.  So, the Supreme Court heard the case of the Schechter brothers and voted 9-0 to find the National Industrial Recovery Act (NIRA) was an “unconstitutional delegation of legislative power to the executive.”

So what does a Depression-Era code issue have to do with Obama Care?  The Wall Street Journal published an oped today saying that Obama Care represents an historic mistake, like the NIRA and the Smoot-Hawley Tariff, both of which were supposed to help, but which any objective observer could have seen was going to be a train wreck.  They both were and so will Obama Care.  Maybe if this monstrosity passes it will be eventually struck down by the courts or repealed by future Congresses.  Maybe not, though, especially if the recipient-class get lots of benefits early and won’t be required to pay for it.  I can’t see a 9-0 decision today on the constitutionality of enforcing individual mandates, fines or jail time for non-compliance, the IRS peeking at us every month to monitor the state of our health care coverage, etc., but maybe another 5-4 kind of vote.  Time will tell.  The “vote” needs to happen first.

UPDATE:  The “Deem and Pass” option is now off the table, inferring that the Dems have the numbers going into tomorrow’s vote.

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