Memorial Day Reflection

The other night, while trimming some trees with my two teenage boys, they began a discussion about Vietnam. Both of them happen to have teachers who served in the conflict. We discussed the protests, how the war was managed, Cambodia, stopping the march of communism, the media and political will to win. Then the anticipated question....”What do you think Dad?” I paused some, then intimated that the war itself was tragic; another chapter in the dark side of human history; confusing in many ways. However, I honor the many military men and women who rose to the call of their country and did their duty selflessly. I romantically imagine the bugler calling them; thanking them; mourning them; honoring them.

From the beginning, we saw our founders Washington, Jefferson, Adams, Madison, Hamilton, who framed our nation into what George McGregor Burns called “The Great Experiment”, as pinnacles of America’s long history of heroes. Our Marines, Soldiers, Sailors and Airmen fittingly amoung them. It is good that we have Memorial Day to remember these heroes. To reflect upon the lives and sacrifices of those who put themselves in harm’s way for us. It is right that we remember stories of valor, flags raised upon a hill, and take inspiration from the bravery and brotherhood of these heroes demonstrated to only themselves. There are many amoung us. First Lt. Arthur MacArthur of the Civil War who raised another patriot named Douglas. Alvin York of World War I “turkey shoot” folklore. Audie Murphy, Medal of Honor recipient of World War II who single handedly saved his retreating platoon by providing cover between them and advancing Germans. Air Force general Chuck Boyd who spent 2,488 days as a Vietnam POW, and went on to be the only former POW of the era to become a four-star general.

War is hell. And that truth often makes it difficult for us to accept military heroes. In the 1960s, the commentators and influencers on our culture lead us to believe that to have “warrior heroes” is to celebrate war. I grew up during that time, coming of age believing that soldiers were people not to be respected. However, it seems that over time our nation began to rethink this belief. Without the soldier we loose a connection to our long human history of brave individuals putting themselves in harm’s way for us. These are people like us who stepped up when their country or other nations needed someone to do what no one else would.

The clearest way to understand the meaning of what these service men and women do, and have done, is the observation that freedom of speech was not secured for us by news editors, authors and playwrites, but by soldiers who sacrificed their bodies, souls and lives to get it. And would do it all over again to defend it.

Are there warrior heroes in your family or circle of friends? I grew up with the stories of various Marines, Soldiers and Sailors in our family. So many families share the legends of loved ones serving in the Civil War, World War II, Korea, Vietnam. An uncle on Omaha Beach, Korean penisula, or The Gulf of Tonkon. A family friend who earned a Bronze Star in Iraq.

It’s good that we have this day to reflect on our heroes. To consider again those who over our nation’s history secured our homeland. Unlike my childhood, today’s military is different. Respected. They are thanked when returning home from Iraq and Afghanistan. It is good we once again appreciate them. This is what I told my boys.

And all this expressed in that ubiquitous bugler we seldom consider. James Joyce, author of From Here To Eternity expressed his romantic view of that bugle. “The first note was clear and absolutely certain. There was no question or stumblin in this bugle. It swept across the quadrangle positively, held no place, played by a man who has never had a place, and can therefore play it. Listen to it. You know this song, remember?”

The bugler - calling them; thanking them; mourning them; honoring them.

Publius

ObamaCare vs Fundamental Liberty

Upon reading the 2,400 pages or so of the healthcare reform bill, a few things stuck out as significant. The bill barely, if at all, addresses healthcare. It addresses health insurance and multiple levels of what could be considered a “regulatory takeover.” There’s a government takeover of the college loan industry. The Feds will now determine who gets a loan (i.e. who goes to school) and how that loan will be paid back. “Underserved” communities I believe was the term used. However, no other feature of the bill is more concerning than the blatant contempt for the US Constitution. The legal challenges to ObamaCare will have widespread historical precedence for many generations to come. The very fundamentals of our Liberty will be questioned.

The “individual mandate” is the key issue. Essentially, this requires every US Citizen to buy government-approved health insurance. Failure to comply is punishable with an annual tax penalty of $750. This penalty will rise to 2% of income by 2016 (or which ever is greater). Thirteen states attorneys argue this is an unprecedented exercise of state power by the federal government. Congress has never made law requiring citizens to buy a private product in order to be considered a law-abiding citizen. The only law of equal power is conscription, where the Constitution gives Congress the explicit power to raise an army.

The argument has been made that Commerce Clause of the Constitution allows Congress to exercise such power. But recent Supreme Court cases would suggest otherwise. In Gonzales vs. Raich, (2005) the question of Congress’s ability to regulate economic activities across state lines was challenged. The court stated that the Commerce Clause can not justify any federal regulation Congress chooses. In US vs. Loez (1995) and Morrison (2000) the High Court turned over lower courts on similar grounds.

If Congress can constitutionally force a person to buy a product, what is left of the government’s limited and enumerated powers under Article I? The Bill of Rights will be the sole restraint on federal power. However, The Bill of Rights were designed by the Founders to affirm the rights inherent in the Constitution as a whole. They were never designed as a true restraint on government. Logically then, with this insurance mandate, what’s to say Congress can’t require citizens to purchase GM or Ford products; mandate smokers enroll in cessation programs; or require obese citizens attend Weight Watchers?

The State of Massachusetts has become a “fish bowl” on single payer plans this past year. Similar mandates in Massachusetts did not pose a constitutional problem for the state. Like most state governments, Massachusetts holds police powers and wider plenary authority under the state constitution than at the federal level. The Posse Comitatus Act and Insurection Act both make it illegal for the Federal Government to do the same. In Florida, the constitution spells out the ability to oppose Congresses healthcare mandates. The ObamaCare bill requires the states to spend-billions of dollars to rearrange their health-care markets and expands Medicaid enrollment, regardless of the state’s ability to pay. There are attempts by some states to block the regulations by passing laws which exempt their citizen’s form the mandates. However, federal laws that are constitutional usurp state’s laws under the 10th Amendment. Additionally under the 10th, states can’t nullify a Congressional action. Therefore, only a ruling that the mandate is not constitutional will provide financial relief to the states, and Liberty to their citizens.

The truth is ObamaCare is bad law and a threat to our Liberty. Not only has it proven unconstitutional in word, it also was unconstitutional in birth. Both the House and Senate were derelict in duty by not holding judiciary committee hearings on the constitutionality of the law. The Justice Department did not provide an opinion. Our judges and representatives have a responsibility to ensure our Liberty is protected. The courts are not for advisory opinions. They are for rule on the specific objective arguments of the case. Let’s pray they do their job.

Publius