The Attorney General of the State of Arkansas thinks that lawsuit against the nut job (aka Barack Hussein Obama) health care bill will be ineffective. He wrote in a letter an answer about a lawsuit: “it is my opinion that your proposal will be ineffective to prevent the operation of any valid federal law or rule, now existing or hereafter enacted, that is intended to compel persons in Arkansas to participate in a health care system.” He cited the Supremacy Clause, Article IV Clause 2, (conveniently leaving out Clause 3) of the Constitution for the foundation for his reasoning. He went on to explain: The Supremacy Clause invalidates all state laws that conflict or interfere with an act of Congress. With that last sentence, he is only partially correct and it shows his poor understanding of that which he should know. Only if a state law violates a law passed by Congress that is made pursuant to the Constitution is the law invalid. Remember the word in pursuance thereof as you read the remainder of the article. It means, Done in consequence or prosecution of any thing; hence, agreeable; conformable. (Webster’s 1828 Dictionary) Laws made by Congress must conform to the requirements of the Constitution.

Article 1 Section 8 of the Constitution lists the 18 limits on Congress. Any and all laws that are not made in conformance with (remember in pursuance thereof those limitations are not valid. McDaniel makes the same error as other liberals when he infers that acts Congress are always constitutional. The supremacy clause does not validate all the laws Congress passes no matter how much liberals want it to be that way and then they proclaim it is true.

 McDaniel should explain where in the limitations of Article I, Section 8, he finds the power for compelling anyone to buy or participate in the health care scam. For that matter where does he find the power for Congress to do everything that is unconstitutional. It does him no good to invoke the welfare clause and or the Commerce clause. Neither covers the issue since they were not written to do what the liberal court rulings and politicians say they mean.

The attorney general is on the side of the nut job and his power grab of all things even though McDaniel took an oath to uphold and defend the Constitution. His refusal to join in a suit against the monster law is evidence that he will not attempt to protect the citizens of Arkansas from the excesses of the federal government. Based upon the oath he took, his non-action is nonfeasance: a failure to do what duty requires to be done, i.e. failure to protect the citizens of Arkansas from an unconstitutional act of the federal government.

The man is an example of those educated in liberal law schools that teach that the federal government is all-powerful and can override state laws and the Constitution as needed to push the big government agenda. That brain dead mind set is what has gotten us into the mess we now face in our republic.

Repeating, not all laws that Congress makes are pursuant to the Constitution and therefore are not valid. The “nut job health bill” is one of them. Since McDaniel will not honor his oath, he needs to be removed from office; not discounting his utter ignorance of the meaning of Article 6, clause 2.

Pursuant to Mr. McDaniel is what you need to learn. Since you won’t act pursuant to your oath, you need to be gone.

© 07-01-2010 DEC