ObamaCare Problematic Theory
ObamaCare Problematic Theory
The Template Of Amendment 4. And ObamaCare At-Will Regulation Framework.
Kevin A. Sensenig | August 22, 2014 | Updated August 26, 2014
The Text Of Amendment 4
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Elements I’ll Consider Here
houses, persons, papers, personal effects
The Logic
Te logic is this: the above are protected from search and seizure (without a warrant). Yet with ObamaCare the individual’s (action within the) house, the person, the papers, the personal effects — are structured so as to be regulated — at-will by the so-called “national government”.
The example of DOJ arguing before the SC that one’s cell phone can be searched at will — as if the cell phone is not an example of something you have to search the person for; an example of the type of information one stores on one’s home computer, and activities therein (apps), and address book; an example of a modern equivalent to paper in many regards, and an extension of such; an example of a “personal effect”. [cite the actual case]
The logic in the first paragraph is moreover that the judge must adjudicate on each and every instance; and may actually deny such search and/or seizure.
Te regulations would have the effect of (again) “wires” laid down through society, that apply to each individual at all times. There is no adjudication; nor is there (acknowledged) the protections of the Amendment 4.
In fact, Amendment 4, and many of the first 10 Amendments, are designed such that they protect the citizen (the people) from government imposition (especially at-will imposition). The Amendments 1-10 grant rights and powers to the states and the people; and serve as a _template_ for _further_ such rights; and a set of powers are delegated (in the Articles) to the federal government (the branches, and now today the various agencies as part of the Congress’-and-President’s _legal_ definition of the federal government, the United States in some rendering).
For an introduction to the compute-center interpretation of the Constitution that I have, see the paper I have here. More on the topic later. (The premise, design, structure, theory, in some ways template nature, the directives, rights, and rights and powers to the states and the people. Then the role of agencies. Later I’ll have topics on our economic model, and what needs to happen.)
Examples
The broccoli question (Scalia).
The gym question (Scalia). I’ve also reflected on this.
That is, could the national government have the power to require you to buy broccoli, or a gym membership.
I take this further — and that checkbox forms could be required to be filled out on Saturday mornings, on gym activity, and whether that week you had done training with a government certified gym trainer. Eaten 2 servings of broccoli and 1 serving of yogurt and 3 servings of grain and 2 servings of vegetables and 1 serving of legumes and 1 serving of fruit and 2 liters of water — every day. “Studies have shown.” “Everyone would want to benefit themselves in this way.” “It lowers the cost of health care expenditures by the national government over time, as people are healthier.” Right. But I don’t eat this way, and I’m still healthy. (I go by week. I don’t eat according to the food pyramid. I do yoga sometimes — I do not go to the gym.
There are some things that I do that the national (200X inefficiency ratio) government (to not get something done type government) with its 200 billion dollars or more of studies and research every year would not approve of, and would regulate out, over time. “Studies have shown.” But what are the givens and assumptions? Where is the individual stance? Does the yoga physical process match the researcher physical process, and their assumptions? Does a triathlete’s physical type match my physical type? What about tai chi and cigarette smoking? I wouldn’t mess with it, and save about 2 trillion dollars or more over 10 years of Institute of Health, HHS, and NSF research; in addition to the 700 federal r&d facilities reported by the GAO in August 2014 at www.data.gov. That’s what the Amendment 4 is about. To let individuals operate from their own stance, respecting the rights of others; and certainly the freedom to operate within their own houses and apartments without regulation or interference therein, or an unwarranted search and seizure, or to enforce activity. That is, if an unwarranted search and seizure is not permitted, then to regulate activity within one’s own home, or inactivity therein, or the type of activity therein, is clearly unConstitutional. That’s the premise, design, and extensibility of the Constitution. It’s a natural inference from Amendment 4, and is the premise of Amendment 4. ObamaCare is blatantly unConstitutional in this way.
I can learn about broccoli and gym/tai chi/yoga, smoking and whiskey, God and Buddha, on my own. That’s the premise, and such is protected as mine, not some claimed by some national government laying wires through society. The federal government is the term in any case, and the federal government (as the term put forth for that layer — but this layer is not to operate as if it was me. called some term as “the national government”.). But Verrilli and other national socialists use the term “national government”, and national socialism is unConstitutional. We are not defined by the so-called “national government”. We are defined as “We The People”. I’m not sure how the large type font can be missed.)
Context (ObamaCare Problematic Theory)
For the previous papers on the problematic theory of ObamaCare, including at-will regulation at its premise, see the following:
ObamaCare Problematic Theory
ObamaCare Problematic Theory
This At-Will Ability To Regulate
ObamaCare Problematic Theory
The Mikulski Argument And Alternate Context
ObamaCare Problematic Theory
Several Basic Features Of National Socialism
#ObamaDidThat.YouDidn’t — Philosophy & Theory
ObamaCare Problematic Theory
Interstate Commerce — The Premise