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As Long as We Remember...

March 23, 2010

A Sad Truth A Day of Mourning

Farrell Keough

Sunday’s vote on healthcare, not only screwed up our capitalist system, but it also wreaked havoc on my intended topic for a column!


A friend of mine posted an Ann Coulter column, (My Health Care Plan) on her Facebook page. This proposal was rather interesting due to its proposed simplicity. Having piqued my interest, I began researching the McCarran-Ferguson Act to determine if in fact, dropping this law and making some other tweaks would have been the direction to follow in attempting to deal with the health insurance issues in this nation. My findings were that altering laws and attempting to manage markets is never either simple, nor without serious potential consequence.


Of course, this research became moot once the healthcare bill was passed in the House of Representative’s Sunday night. I’m sure there will be follow up columns on the issues surrounding the passage of this bill, but at present, only two things need be said.


* To my friends who believe those complaining of serious problems to the economy and workforce because of this bill, indicating that some of the comments constitute hyperbole and partisan attempts to gin up the masses – you may want to consider the historical precedence which led to this passage.


For instance, when Franklin Delano Roosevelt moved forward with his New Deal policies, he was thwarted by the judiciary due to the unconstitutional nature of these many plans. Rather than attempt to change the Constitution, FDR attempted to pack the Supreme Court, so his policies could move forward. Thankfully, this attempt was shot down preventing some of the propositions of the New Deal to either die on the vine, or become severely altered.


Compare that action to attempts by the House of Representatives to pass this bill by any means: Slaughter Solution, deals to pass bill, Health Care Bill Jobs and Regulation to IRS… Obviously this is a short list, but the point is the same – whether by legal shenanigans or through buying votes, those who desired to pass this bill would sink to any level. Yet, consider what the New Deal did for this nation – by virtually all estimates, it dragged out the Depression for many more years. We have now turned over 1/6th of the economy to the federal government. To suppose this will not have a negative effect on the economy and jobs is either naïveté or an intentionally misguided perspective.


* To my friends who believe we can overturn this bill via Judicial Review, we must remember that this first must come up and be judged by a Federal Court. Not only are these courts more and more liberal leaning, but they can determine that only sections of the law are unconstitutional, which may not invalidate the entire bill.


Thirty-eight States have already announced their interest in either creating legislation against this bill or joining the existing 10 states which plan to file a lawsuit “challenging the constitutionality of health care reform as soon as President Barack Obama signs it into law.”


While this bill offers amazing fodder for writing columns, the sad truth of what took place on Sunday evening generates more a day or mourning than one of fire and brimstone writing.


* * * * * * * * *


Earlier this month, I wrote about a proposal put forth by Sens. David Brinkley and E. J. Pipkin to Balance the Budget. This proposal is gaining legs in Annapolis – an alternative plan based upon this proposal has already made it through the Senate Budget and Taxation Committee.


Recently, two videos of the presentation of this bill were posted on You will be able to see and hear these presentations by clicking on the following links:


Binkley/Pipkin Balanced Budget Proposal – Part 1

Binkley/Pipkin Balanced Budget Proposal – Part 2


* * * * * * * * *


In February, we discussed House Bill 254, Crimes – Sexual Offenses Against Children – Jessica’s Law Enhancement. This bill has been crossed filed with Senate Bill 622, Crimes – Sexual Offenses Against Children – Penalties.


This bill is being held up by one senator in particular. The following short email describes the situation:


The latest word from Jerry Norton, a lead worker for "Citizens for Jessica's Law in Maryland," is that Senator Brian Frosh is holding up SB 622 – the sexual predator law. The House side just passed unanimously HB 254 raising the penalty for a 2nd degree sexual offense against a child from 5 years to 15 years, but Frosh for some reason is holding up the vote in the Senate.


We need everyone to call Frosh's office on Monday (410) 858-3124 and demand that he gets a vote out of committee on SB 622 that is amended in line with HB 254. If this is not accomplished, then we may perhaps fail in our attempt to put these pedophiles in prison for as long as possible.


Please help. You do not have to go into a lot of detail; just have the secretary or aid pass this information on to Senator Frosh. He and Lisa Gladden are notorious for shelving these bills and not allowing them to get a vote. These two always are a 'no' vote when it comes to stiffer laws regarding our children.


Senator Frosh is a lawyer in Bethesda and has a penchant for ensuring judges have as much leeway in decision-making as possible. You can make your own judgment as to whether this leeway in crimes against children has worked.


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