Democrat: Repealing Obamacare Is Unconstitutional

Allah at Hot Air calls this part of the Democrats’ “everything but the kitchen sink” strategy in opposing Obamacare, and maybe he’s right. The legal argument Rep. Sheila Jackson-Lee makes here is such a slap-you-in-the-face lie that it’s hard to believe that anyone, up to and including Rep. Jackson-Lee herself, believes it.

Via Phil Klein:

“The Fifth Amendment speaks specifically to denying someone their life and liberty without due process,” she said in a speech on the House floor moments ago. “That is what H.R. 2 does and I rise in opposition to it. And I rise in opposition because it is important that we preserve lives and we recognize that 40 million-plus are uninsured.

She continued, “Can you tell me what’s more unconstitutional than taking away from the people of America their Fifth Amendment rights, their Fourteenth Amendment rights, and the right to equal protection under the law?”

Jackson Lee mentioned the names of several people who she said would be helped by the national health care law, including a schizophrenic, a dialysis patient, and somebody whose mother cannot otherwise get dental care. “I know they would question why we are taking away their rights,” she said.

Basically, Rep. Jackson-Lee is saying that if we do not provide government health care for people they will die. That violates their 5th amendment right to life.

Would that liberals applied this standard to removing the life of unborn children still in their mother’s womb via abortions, but I digress.

The notion that you deny someone something by not gifting it to them is ludicrous. It is like sitting on the couch and complaining that people are denying you food because nobody will bring you a sandwich. As long as nobody is stopping you from getting your own sandwich, nobody is denying you anything.

And so it goes with health care.

Our founding principles, our unalienable rights as stated succinctly in the Declaration of Independence, are “life, liberty and the pursuit of happiness.”

Notice the word “pursuit.” Nobody is guaranteed happiness, but only the opportunity to live freely and pursue it. To suggest that our government must ensure happiness by providing for the masses, or stand accused of denying them life, etc., is to pervert the very principles upon which this country was founded.

Rob Port is the editor of In 2011 he was a finalist for the Watch Dog of the Year from the Sam Adams Alliance and winner of the Americans For Prosperity Award for Online Excellence. In 2013 the Washington Post named SAB one of the nation's top state-based political blogs, and named Rob one of the state's best political reporters.

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  • I H8 GOPers

    She’s probably correct. In fact death itself may be unconstitutional because the Constitution guarantees life.

    • Goon

      Maybe you should go read the constitution Skippy.

    • $8194357

      It will actually be found in the Declaration of Independence and will include as well liberty and the prusiut of happiness. Not that any of that matters to those who believe that these things are given by government and not God like the Founders who wrote those words so long ago.

      • Mountainmouth

        That whole life argument from a lefty is disingenuous – Especially when you have abortionists finishing the job with scissors. Ironic that the left will have less problem with the Philly abortion “Doc” than the death penalty for murder.

  • mickey_moussaoui

    You want to know what would sell Obama care for me. If EVERY single Democrat pushing this Health Plan agreed to publically sign away their exclusive cushy premium quality federal funded health care package that they AND their aids now receive and exchange it for this crap plan that they want to shove down our throats. Then and ONLY then will I accept their BS!

  • Goon

    When the State of Texas does their redistricting the GOP should go after this woman’s district… Ms. Lee should also go back to school and study the constitution. What an idiot… This health care was unconstitutional and now the Dems want to cite the constitution… DO they really think the American people are that stupid? Maybe in Sheila Jackson Lee’s district.

  • Mark

    to the once great America citizens
    I havent read the ObamaCare bill…not enough time in the month…but I am pretty sure-it has nothing to do in making this country’s health care system better.
    1st clue: Principal Mutual gets out of Health Insurance
    2nd clue: premiums are going up because companies are sure they will not be able to afford the changes.
    so, this new legislative body better
    or they will all go home in two years…
    Unfortunately we the voters do not have a voice
    did they ask you about the Bill and i just missed the call.
    Come On….
    Wake Up America!

    • flamemeister

      From all the things I have heard and read about the health care bill, there is nothing new in it. If it is worth anything, it is as a compendium of every health care revision idea that’s been considered and rejected over the last 30 years. It is off-the-rack, unoriginal, unimaginative, and falls far short of addressing any fundamental re-evaluation— but someday it may be like a great archaeological find—a troglodyte-culture garbage dump revealing some of the worst thinking of this period in history.

      • $8194357

        When Biden said this was a BFD on camera you know the socialists were wet.
        Obama said that “For 100 years WE have pushed for this..It came from Lenins plan to use socialized medical care to decieve folks over into Communistm..What Barry said was so true, but he forgot to mention that freedom loving Americans had fought it tooth and nail for the same 100 years…Took a super majority two years of arm twisting and blackmail to get it passed. Cost numerous Democratic Senetors and Congressmen thier reputations and job, but what the heck….It was a BFD was it not?

  • Mountainmouth

    This woman must have felt like she needed to get some face time.

    This is just one of many truly stupid things this ruling class plantation Tomasina has said.

    Shelia Jackson Lee really is legend when it comes to profoundly stupid quotes.

    You go girl – you are a credit to your party

    • flamemeister

      I wish that she hadn’t felt she needed to get some face time …

      • $8194357

        And on camera too!

      • Mountainmouth

        She has a perfect face for radio

    • NetNomad

      This is the same woman who asked NASA if the Mars rover had found the flag planted on the moon.

  • Bat One

    One of the reasons that conservatives will ultimately prevail, is that so many liberal Democrats are so godawfully oblivious. And shameless about it! This idiot woman is a prime poster boy for constitutional ignorance.


    From someone originally from ND who’s lived in her district for 17 years, then moved out of SJL’s district 5 years ago…. a mile or so. It doesn’t get much more disingenuous than Sheila. If it weren’t for gerrymandering by the democrats, she would never have been given the chance to embarrass herself on the national stage. She is a testament to how abjectly racist many blacks in the US are. No one in their right mind would ever vote to elect someone this phony, partisan and stupid if it weren’t for the fact that they were voting for someone who was as racist as they are.

  • two_amber_lamps

    Unconstitutional? I didn’t realize health insurance fell under the penumbra of a right as that given to us by God. Let’s face it, the prog-dems are going to fight this like a cat being dragged off to a bath, kicking, biting, and scratching all the way… calling anyone who opposes them a racist, xenophobe, fascist, and any other number of denigrating slanders to support their incremental leftist agenda. This is the biggest socialist travesty since the Johnson administration, and they’re gonna form ranks around it. Grab their nose, and force this medicine down their throat just as they forced this barely clothed Cloward/Piven socialist implosion stratagy grenade upon us.

    • $8194357

      There it is…..Two if by sea. You hit the nail on the head.

  • sbark

    must have learned this line of crap on one of her many visits to Castro……and his “perfect” system as per M.Moore

    reinforces the simple fact that Liberalism is the problem…….the rest of the stuff is day to day crap Indiv. would take of on their own without Liberals making it worse.

  • John

    This is strange, Texas is on this list.

    State Lawsuit Joined Date Joined
    Virginia Virginia March 23, 2010
    Florida Florida March 23, 2010
    South Carolina Florida March 23, 2010
    Nebraska Florida March 23, 2010
    Texas Florida March 23, 2010
    Utah Florida March 23, 2010
    Louisiana Florida March 23, 2010
    Alabama Florida March 23, 2010
    Michigan Florida March 23, 2010
    Colorado Florida March 23, 2010
    Pennsylvania Florida March 23, 2010
    Washington Florida March 23, 2010
    Idaho Florida March 23, 2010
    South Dakota Florida March 23, 2010
    North Dakota Florida April 5, 2010
    Arizona Florida April 6, 2010
    Georgia Florida April 13, 2010
    Alaska Florida April 20, 2010
    Nevada Florida May 14, 2010
    Indiana Florida May 14, 2010
    Mississippi Florida May 14, 2010
    Wisconsin Florida January 3, 2011
    Oklahoma Oklahoma January 7, 2011
    Wyoming Florida January 7, 2011
    Ohio Florida January 11, 2011
    Kansas Florida January 12, 2011
    Maine Florida January 12, 2011

    • banjo kid

      Go Kasich , I can only say that we in Ohio feel much better about jobs and recovery now that the democrats are cleaned off the slate , the ex governor was attacking him after he lost the election through the e-mail probably breaking the law by using state funds to send the emails .

  • banjo kid

    Her statement depends on who’s constitution she is reading , she is not reading ours for sure .

    • Bat One

      Is there any proof available that she can read?

  • SigFan

    Ms. Lee really needs to take lessons on how to sell duplicity. As it is she fails miserably. As someone in one of the above links said though, the Dems are going to pull out all the stops trying to defend this POS power grab. Get ready for a bumpy couple of years before we can slam the door on this crap in 2012.

  • Manufacturers Assoc.

    House debate normally qualifies as “due process.”

    The House Judiciary Committee is holding a hearing tomorrow on medical liability reform. A committee hearing with witnesses and debate is also due process.