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by Sally Vendée

Page 1 of the original U.S. Constitution

(Apr. 9, 2010) — Now that Obamacare has passed, pundits write and politicians argue about its impact on our nation, its key provisions, implementation and enforcement details, and whether its many elements are in fact Constitutional.

One famous conservative writer, David Horowitz, editor of FrontPage magazine, on the night of Obamacare’s passage in a blog entry he called “Obamacare Bill: A Declaration of War,” lamented:

…The Democratic Party has in the course of the nine-month health care debate revealed itself to be an anti-democratic Party and an anti-liberty party…that has demonstrated its contempt for the Constitutional framework, for the democratic process, and for the expressed will of the American people. Its brazen contempt for the compact that holds the diverse factions of this country together has initiated a political war at home that will extend not only into the next elections but into the next generations that will be encumbered with the trillions in debt and oppressive government controls that the socialist majority in Congress has demonstrated that it is intent on inflicting on this country. The people of this nation are still sovereign, and their voice will be heard. Tonight’s vote was lost but it is not the end of the battle. It is the beginning.

Many readers may recall another Horowitz piece from last April he titled: “Get Over Your Obama Derangement Syndrome” which opened with: “My fellow right-wingers, calm down. The new president is not the antichrist, Stalin or even a radical.”

Horowitz wrote that the Dems’ “massive government giveaways” were bad, but didn’t make

…Obama a closet Mussolini, however deplorable the conservatives among us may regard it. Moreover, he’s already run into political resistance even within his own party. Charlie Rangel has made it clear that the itemized deduction tax hike is not going through his committee — and that should tell you that the American system, the one the Founders created, is still in place…In other words, while it’s reasonable to be unhappy with a Democratic administration and even concerned because the Democrats are now a socialist party in the European sense, we are not witnessing the coming of the antichrist.

But less than a year later, we find Horowitz asserting that Obama and the Democrats have declared a war on the Constitution. Most Conservatives and Republicans have had similar epiphanies with the unseemly process used to pass Obamacare as well as the bill itself. The Constitution has now become the centerpiece of their attention. Several states and private citizens have filed lawsuits. Republicans plan on using repeal as their main campaign platform.

The Tea Party has always had the Constitution as its primary focus, although yet to be determined is whether those Republicans who have rediscovered our nation’s founding principles will embrace the Partiers. The Tea Partiers themselves may be reluctant to accept these advances. Although expressing loyalty to the Constitution, the Partiers’ patriotism, unhindered by any political party affiliation, allows them to be skeptical. They will be looking for consistency in fundamental principles and ideas. And not just with issues like Obamacare.

In Mr. Horowitz’s defense, one is always entitled to change one’s mind. But as we explore consistency of principles, especially among conservative writers, we find that Horowitz penned another essay he also titled “Obama Derangement Syndrome,” in 2008, just after the elections. As copied below, but with one key phrase (actually the real topic of the original article—which will be disclosed in a moment) replaced with “Obamacare,” a portion of it would read as follows:

Conservatives are supposed to respect the organic nature of human societies. Ours has been riven by profound disagreements that have been deepening over many years. We are divided not only about political facts and social values, but also about what the Constitution itself means. The crusaders on this issue choose to ignore these problems and are proposing to deny the will of 64 million voters by appealing to five Supreme Court Justice (since no one is delusional enough to think that the four liberal justices are going to take [Obamacare] away from Obama). What kind of conservatism is this?

It is not conservatism; it is sore loserism and quite radical in its intent. Respect for election results is one of the most durable bulwarks of our unity as a nation. Conservatives need to accept the fact that we lost the election, and get over it; and get on with the important business of reviving our country’s economy and defending its citizens, and — by the way — its Constitution.”

The phrase that was substituted with “Obamacare” was “the Presidency.” The original article was actually an attack against the “birthers.” Yet Horowitz now argues that conservatives (“sore losers” also?) should fight against Obamacare and its rejection of the Constitutional framework. Most of this framework is important to him, apparently, while Article II eligibility is not. Horowitz must find Obama as special as our Narcissist-in-Chief thinks himself—too important to have his reign encumbered by those pesky eligibility provisions. But now that the chickens of Obamacare have come to roost on Horowitz’s own doorstep, he seeks the shelter of the Constitution.

Presidential eligibility is arguably one of the Constitution’s most straightforward provisions, unlike the subjective “general welfare” or interstate commerce clauses or the Tenth Amendment, which are the basis of the lawsuits against Obamacare. The Framers penned our Constitution in only four pages—not 3,000. One can imagine that every single word they included was considered to be of utmost importance.

Democrats forge ahead with liberal and radical ideas that range from stunning ignorance to complete disregard of the Constitution, and to even what seems utter contempt. Republicans and Conservatives like Mr. Horowitz seem to pick and choose among its provisions. The Tea Partiers remain as the only ones who appear to understand that the framers meant all of what they said.

If the “will of the people” is considered a “political question”  — even when this “will” is arguably unconstitutional — a matter that should never be adjudicated by the Supreme Court, then the third branch of government is rendered powerless and the Constitution itself, meaningless. Because, simply put, that is exactly one of the reasons the Supreme Court is appointed—to judge whether actions of the other two branches are in fact Constitutional. Its justices, when they donned their robes, swore to uphold the Constitution, not to rule along predictable ideological lines. There is a prescribed process to be followed when society desires to amend the Constitution. Sixty million votes in a popular election do not overrule eligibility law.

You know that, Mr. Horowitz, et al, yet now you propose we fight this Healthcare reform, justified by your opinion that this is the “will of the people.” The Democratic Congress begs to differ as to what exactly this “will” is—they and Obama “won,” remember? Yet both sides of this argument seem to ignore the fact that we do not live in a Democracy, but rather, a Republic. The wise, “radical” Founding Fathers clearly understood the fickleness of society and created a form of government supported by laws and checks and balances. Simple majority opinion, especially when it is uninformed, uneducated, and purchased with handouts, does not trump the law.

The outright rejection of our laws results in a loss of liberty and ultimately in tyranny. The only defense is to be bound by the Constitution. Not a weakened version, perforated by political correctness, marred by the whims of society, or trampled by a hell-bent Democrat-run Congress and ideologue.

The remedy for “sore-loserism” or “Obama Derangement Syndrome,” David Horowitz, Andrew Breitbart, Mark Levin, Michael Medved and friends? The Constitution, consistently applied, in its entirety. And yes, Glenn Beck, it does matter.

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  1. From April 2009:

    “David Horowitz is exposed as a False-Front Conservative after he derides the American Constitution and its requirements that a US President be a Natural Born Citizen. Then Horowitz proves to be a demagogue by decrying that “63 million people voted for Barack Obama” as being some sort of proof that this Foreign Occupier is legitimate. Finally, Horror-witz proves that the A.C.O.R.N. does not fall far from the Marxist tree by blasting Frank and John as “racists” for disagreeing with the policies of Barack Obama.”




  2. Sally, you are one of the greatest treasures of the eligibility movement. Your writing is always so reasonable, fair, and irresistible. Thank you for another great post.

  3. Sally Vendée gets it exactly right. The fundamental problem is not the election of a narcissistic Marxist in the White House, no matter how distasteful that may be. No, our current governmental crisis really is about the rule of men (Obama and his minions) being allowed to supersede the rule of law (most egregious being the complete disregard for the basic requirements of our Constitution). Certainly there may be cases of silly or outmoded local law that are rightfully ignored, but I agree with the author that every bit of our national Constitution should be followed to a “T” (including the wise provisions laid out for its guarded amendment from time to time).

    The Constitution is the fundamental law of the land that is the foundation that supports all other law and is the bulwark that protects We the Sovereign Citizens of our nation from an out-of-control government. Erode its foundation and our society’s entire structure is imperiled, no matter how fine the craftsmanship of our forefathers or how grand the current structure.

    It is tempting to blame our political crisis on the presence of the usurper and/or an unusually corrupt Congress that welcomed him (or at least let him slip through the Constitutional gate). It is fine to rally passionately at Tea parties and throw out all the bums come next election, but I think that would be insufficient and shortsighted.

    Yes, tossing the trash is a good start, but we must understand and correct the flaws in a system that regularly turns those who enter Congress as earnest and well meaning fellow citizens into human political garbage. We must recognize that power intoxicates and corrupts and it is human nature that all but the most saintly among us will succumb if exposed long enough.

    A massive purge in Congress is coming, and once it happens and once the usurper is removed we must not squander the unique opportunity to tap into the energy, idealism and innocence (all of which will already be quickly fading) to enact strict term limits for all of Congress. This is the only way we can hope to avoid a recurrence of the cancer down the road. To think otherwise is simply to deny human nature.

  4. Great post. Like a trademark, if you don’t defend it, you lose it. We must demand that the members of Congress uphold the Constitution. Another reason for a Constitutional Convention, Jim Campbell