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Sha'ban 18, 1433/July 8, 2012 # 29
Dr. Wilmer Leon discusses the supreme court decision on
health care.
Please scroll to end.
Spotlights from Imam Badi Ali, Jamaat al-Muslimeen Shoora,
North Carolina
Capitalism is collapsing from within in Europe
-
Spotlight #1:
-
We are witnessing the collapse of capitalism
owing to corruption, deception, and illegal practices.
{Check out the British bank.]
-
Spotlight #2:
-
Instead of fixing the problem, the capitalists
are protecting it and avoiding it by increasing taxes and
thus burdening the masses further.
-
Spotlight #3:
-
The problem of corruption cannot be solved
because it is protected by the corrupt who are in power. to
protect themselves and to protect the other corrupt ones.
-
Spotlight #4:
-
If the problem is not solved, it will
gradually affect all of Europe. We can hear the noise as the
creaking of collapse goes on.
-
Spotlight #5:
-
The problem cannot be solved by finger
pointing and accusing others. This collapse is linked to the
collapse of vision and understanding.
-
Spotlight #6:
-
In Islam, our system is based on honesty, not
on profit. So, as Islam spreads, it will not allow
corruption.
-
Spotlight #7:
-
Egypt is a key nation and can change the
situation in Palestine. However, does newly elected
President Mursi have real power? The Supreme council of the
Armed Forces is still in charge. What will Mursi do when
confronted with the military's power.
Breaking News: Till July 8, NATO supply routes remain
blocked.
Pakistani Regime Opens NATO Supply routes. Thousands march
in protest: NATO still blocked.
USA offered $1.1 billion to General Kayani to re-open the
routes. He Agreed.
On July 3, Pakistani regime and the US announced with great
fanfare that an agreement has been reached to re-open the
supply routes to the NATO occupation armies in Afghanistan.
The "agreement" was denounced by Islamic leader Syed Munawar
Hasan and a peaceful mobilization of unarmed people began to
block NATO's supplies.
On July 7, the Islamic coalition known as the Defence of
Pakistan Council [DPC] held an All Parties Conference [APC]
in Lahore to finalize the Pakistani peoples' response to the
opening of the supply routes. It was an impressive gathering
of 50 organizations and parties led by Jamaate Islami,
Jamaat ad-Dawa and Jamiate Ulema-e-Islam led by Maulana
Sami-ul-Haq. Unfortunately Imran Khan and Fazlur Rahman did
not attend.
On July 8, thousands of volunteers started a LONG MARCH from
Lahore to Islamabad to protest the re-opening of the NATO
supply. In intense heat, it was a highly motivated but
peaceful crowd. As we go to our deadline, the march has
stopped in Gujrat, hoping fo pick up more support.
The regime has banned rallies in Islamabad in response to
the Long March. The government controlled media are telling
people that the supply routes have only been opened for
"non-lethal" material.
New Fighting in Frontier areas: Groups outside the peaceful
coalition have warned that they will use weapons against the
supply columns. General Kayani is visiting military units in
upper Dir to pre-empt Islamic attacks. On July 7, Pak
Taliban attacked Kayani's military in southern Waziristan.
Eight military are reported killed and 5 wounded. No Pak
Taliban losses reported. In Kohat, a gunfight left a police
officer dead and two wounded.
Afghanistan: Steady fighting hit and run style
Icasualties [a survey group] is reporting 8 NATO troops
[mostly US] killed in Taliban attacks in the first week of
July, while 39 were killed in June. A number of police and
tribals and officials supporting Karzai have also been
killed.
Syria: Cracks appearing in Assad's regime.
At the end of June, 33 Syrian officers crossed over into
Turkey and have joined the Syrian defectors fighting Assad.
In July there have been more defections including a senior
general.
There are reports that Turkey is smuggling small arms and
ammunition to Syrians opposing Assad. However, Assad's core
military consisting of Alawites and Syrian Christians
remains intact and well armed.
Human rights groups talking to refugees and defectors have
pinponted 27 torture centers run by Assad.
With thanks to Salim Mansur Khalid
Bangladesh: Show trials of Islamic leaders
Forty two years after the collapse of East Pakistan, the
Bangladeshi government is claiming that Islamic leaders like
Prof. Golam Azam committed "crimes against humanity."
Israel-type "holocaust "stories have been distributed by the
regime which is trying to deflect attention from serious
economic problems and exploitation by India.
Details of the trial which we have received show that
identities of "witnesses" are being concealed and the
defense team is not being permitted to question the
witnesses.
Poverty Stricken family in Pakistan needs help.
Non-political Average people
Pakistani Sunni Muslim family need your help. Thank you! May
Allah reward you. Send your donation by global money order
to:
Shamim Ahmed Khan, House # 864, Block #18, Federal B Area,
Karachi-38, Pakistan
Latest Juma' Khutba
Under the Ummah system, we are a global power of 1.8 billion
Muslims
Under secularism, we are 56 helpless Tin Pot "republics."
Heat wave shows plight of America's elderly, sick and poor
living in cities meant for the rich
On July 6, 2012 Br. Kaukab Siddique gave the Juma Khutba and
led prayers at a masjid in central Baltimore. The prayer
area was crowded and arrangements had to be made to extend
the area in the dining section. There was a good mix of
African Americans, Africans, Pakistanis, Bangladeshis and a
few Arabs.
Here are the main points of the khutba for wider
distribution:
-
We have faith. That's why we are here today on this hot
Friday to pray Juma' together. How to turn this unity which
we have at prayer time into social activism which would
transform the entire community and the world?
-
We must identify ourselves as Muslims. We are Muslims
first and last and then other secondary identities. We are
Muslims who are American, or Muslims who are Africans,
Muslims who are Bangladeshis etc. The place we were born in
or live in may be the result of the fact that Allah has made
nations and tribes.
-
But Islam is a spiritual and moral choice which overrides
all other identities we might have. If in our minds we think
that being Muslim is just one of our identities, we will not
succeed in this world or in the next.
-
Being Muslim requires knowledge. We need to know what
Allah wants from us in the Qur'an. We must know what the
Prophet, pbuh, taught us in the hadith. Without this
knowledge we are ZERO even if we have Phds.
-
Knowledge means also that we must know the country and
the people among whom we live. If we live in America as if
we are in Pakistan or sub-saharan Africa, we will be
stumbling along.
-
Knowledge of Allah and Muhammad, pbuh, leads to
compassion, mercy and generosity. We must know the needs of
our families, our neighbors abd our communities, If they are
really needy, we must help them in their needs without
cooperating in anything evil.
-
Always remember that we are not a minority. We are part
of the GLOBAL UMMAH of 1.8 biillion Muslims. United we can
make Israel collapse just by looking at it with righteous
anger. One point billion Muslims could make Israel
disappear.
-
If we follow secularism. we are merely 56 tin pot
republics begging for America's favors. So always remember:
I am a Muslim [not I am an Egyptian Muslim or an American
Muslim.] Without Islam you are NOTHING.
-
Unite with the oppressed people where you live
regardless of whether they are non-Muslims. We have
African-American activists among us. Stand with them against
racism and Zionism.
-
In these 100 degree temperatures, we can see that
American cities were built for the rich. Look at what
happens to the poor, the sick, the old when the electricity
goes out, the air conditionsers stop, the apartments become
death boxes in which the weak and the dowtrodden suffocate.
Think of what is happening to our communities in Africa
where the wealth has been stolen by France, Brirain, USA,
the multinational corporations and even basic needs cannot
be met. Our diamonds and gold and uranium are stolen by
international exploiters [Jewry] and friends of Israel
-
Knowledge means we should know what the Zionists and
imperialists are doing to our ummah in Palestine, Kashmir,
Pakistan, Afghanistan, Iraq, Nigeria, Somalia, Sudan. Don't
pretend that it has nothing to do with us. Bangladesh, one
of the biggest Muslim communities in the world, has been
struck by a storm. Do we even know? Do we know the great
sacrifices of the people of Syia and Egypt and Libya against
tyrants? These are great victories.
-
These are the times for Da'wah, peaceful but organized
efforts to help the oppressed. But charity is not the
solution. We must stand against the oppressors.
-
No unity is possible without the unity of the family,
without the equal participation of the husband, the wife and
all members of the family in the united struggle of the
ummah.
by Kaukab Siddique
In Memory of the Red Mosque-Jamia Hafsa Uprising.
One important reason why the Paki military destroyed the
women's seminary in Islamabad was that for the first time
women who were steeped in Islamic traditions were resisting
the most oppressive male power in Pakistan: the military led
by
the epitome of male tyranny, the pro-Israel tyrant General
Musharraf. Hundreds of young women were killed but the US
media claimed [taking Musharraf's word] that not even one
woman was killed. Musharraf was more concerned about his
elite
commando officer who tried to break into the women's dorm
and was killed.
Time and NY Times published outright lies about the way
Musharraf suppressed the innocent young men of Lal Masjid
and the pure and blessed women of Jamia Hafsa.
As long as the tyrant is not brought to trial, the blood of
the pure young women/girls will cry out for justice.
Our America
Understanding America: What Has Gone Wrong with this great
country?
[Thoughts on July 4.]
by Kaukab Siddique
Millions of people in America work hard. They are punctual
and meet deadlines. There is freedom of expression and
freedom of religion. Laws have been enacted to safeguard the
rights of African Americans. Racial discrimination is
illegal.Women have rights. Chidren are protected by law.
Charities collect and disburse large sums to help those who
are unable to take care of themselves. The elderly have
discounts. Those with disabilities have special parking
spaces and entrances. The country is beautiful and has all
kinds of terrain ranging from deserts to lush forests. The
rights of animals are zealously safeguarded. The highway
system is superb. The medical facilities are the most
sophisticated in the world.
So why is America in such a miserable situation? Why is it
drifting like a ship with no directi9on on the high seas.
Why is everyone so unhappy? Here are the shocking
realities:
-
The rugged individualism on which this country prospered
has been abandoned. Instead we have mass culture.
Everything, from coast to coast, is shaped by the mass
culture which is materialistic, anti-religious, devoted to
entertainment and solidly based on money making.
-
Spiritual values have been undermined by the mass
culture. Movies, videos, advertising, rampant invitation to
random sex, the exploitation of women and targeting of
youths for sale of goods have destroyed the foundations of
society such as family, church-synagogue-mosque, and
schools.
-
Liquor, concealed prostitution and drugs have created a
culture of crime, extreme violence and gangsterism.
-
The media which support the mass culture have been taken
over by Zionists Jews and their cohorts who systematically
denigrate and trivialize religion so much so that in many
parts of the country, particularly in the north east and the
west, jokes about Jesus, pbuh, have become part of daily
conversation.
-
The Zionists, who are Jews, Christians and some Muslims,
support Israel and do not want Americans to know that Israel
is an illegitimate, terrorist, entity which has been created
by force of arms and genocide against the people of
Palestine. Hence a whole fabric of support for Israel has
been woven which does not allow even basic information about
the opponents of Israel to reach the American people.
-
Owing to number 5, wars are fought to support Israel
which drain American resources and are justified by the drum
beat of Zionist propaganda through videos, TV, radio,
newspapers and magazines.
-
The Zionists have gained tremendous economic power and
through chains of businesses, they milk the resources of the
entire American people. Most Americans don't know that
harmless looking chain stores such as McDonalds and
Starbucks and products such as Disney movies, Nestle and
Coca Cola support Israel.
-
Politics has become a game of "I Love Israel more than
you" so much so that a putative Muslim candidate had to
start his campaign from a Synagogue and spend his holidays
in Israel to be able to win.
-
Major victims of the controlled mass culture are African
Americans who were fooled into thinking that the election of
Obama means now that a Black man is ruling America.
Similarly Black people, through the Black Caucus and planted
Black leaders have been used to spread the idea that the
rights of homosexuals are like the rights of African
Americans. Again, owing to lack of leadership, they fell for
it. The real leaders, like Malcolm X and Dr. King were
killed or like Imam Jamil al-Amin were imprisoned on fake
charges.
What's the solution?
The family system must be revived. Only Islam can lead here
because non-Muslims largely have been hit so hard by random
sexuality that the best of them are sexually corrupt, by and
large.Think of Rev. Jackson with his secret child and
politician Edwards who was committing adultery while his
wife was dying and the great Rabbi who used a hitman to kill
his wife while he was fornicating in the synagogue he led.
Islam must lead with its strict examples of family life
where liquor and adultery/fornication are forbidden.
Homosexuality must be opposed. If two men want to sodomize
each other in their bedroom, we will not peep into their
bedroom, but if they, through Jewish radio networks like
NPR, want to proclaim that homosexual marriage is better
than marriage as most of humanity knows it, they must be
opposed and defeated in rational public discourse.
The media must be freed from Zionist control. Notice that a
homosexual Zionist Anderson Cooper is tops in CNN and a
Lesbian Zionist, what's her name, is tops in MSNBC, Wolf
Blitzer, a hardcore Zionist Jew, hogs the CNN News.Then look
at the funny news makers, Jon Stewart, a Jew, Bill Maher,
[using an all-American name like Bill to hide his
Israel-orientation], another Jew, and many others, how they
make fun of Jesus, pbuh. How can there be any decency in
this country when Jesus, pbuh, is treated as a joke?
To break the chains of Zionist control, the holocaust story
must be discussed openly. Why is there a Holocaust Museum in
Washington when nothing happened to the Jews here? Why are
children subjected to sophisticated lies displayed in this
museum? The holocaust story has been subjected to scholarly
criticism by Germar Rudolf, Faurisson, Mark Weber, Bradley
Smith, Prof. Butz and to some extent David Irving. Why are
they treated as non-persons by the media.
Wars against the Muslim world are not legitimate. Iraq,
Afghanistan, Somalia, Nigeria, Pakistan have not harmed
America. Why are wars waged against them? Look for the hand
of International Jewry. Can you believe it that the attack
on the Red Mosque and Jamia Hafsa, in the capital of
Pakistan, was not reported in the in the US media till
Musharraf completed his job?.
Oppose Zionism, Israel, war and occupation. All Muslim
nations have the right to shape their futures according to
Islam. America should keep its "democracy" to itself.
Remember, hiding at the basis of America are the horrors of
400 years of the slave trade and the extinction of numerous
Native American nations. Women brought as slaves from Africa
were subjected to casual rape for 400 years. Lynchings went
on into the 20th Century. Hence violence is in the roots of
American history. The admiration of violence can be seen in
just about all American movies and video games.
Think of the way the media extol the American air force
which bombs countries with ZERO air defenses such as Iraq,
Afghanistan, Somalia and Libya. It is this love of the
ability to smash, blow up and obliterate which is at the
roots of anti-woman violence and general violence in this
country. American troops rape more women in their OWN
military than elsewhere.
Oppose violence and the culture of the gun. Our hope are the
children. American children are so sweet, like children
anywhere! Keep them away from the idea that you are so
wonderful if you smash the face of someone who is weak and
helpless.
The idea that rich people are good and successful and poor
people are bad and failures is at the root of American
arrogance. Tell the children that Jesus, pbuh, and Muhammad,
pbuh, were poor and did not have property.
A Shocking Letter from a sister in Jamaat al-Muslimeen
[Charlotte, North Carolina]
in the words of Frederick Douglas
Has America really changed? [Thoughts on July 4]
As-salamu 'alaikum wa rahmatullahi wa barakatuh,
In 2012, can the words, "the American slave," be replaced
with "the Muslim Ummah?"
"What, to the American slave, is your 4th of July? I answer;
a day that reveals to him, more than all other days in the
year, the gross injustice and cruelty to which he is the
constant victim. To him, your celebration is a sham; your
boasted liberty, an unholy license; your national greatness,
swelling vanity; your sound of rejoicing are empty and
heartless; your denunciation of tyrants brass fronted
impudence; your shout of liberty and equality, hollow
mockery; your prayers and hymns, your sermons and
thanks-givings, with all your religious parade and
solemnity, are to him, mere bombast, fraud, deception,
impiety, and hypocrisy - a thin veil to cover up crimes which
would disgrace a nation of savages. There is not a nation on
the earth guilty of practices more shocking and bloody than
are the people of the United States, at this very hour." The
Meaning of July Fourth for the Negro, Frederick (1851)
Letter from an Important teacher: Refresh the case of Dr.
Omar Abdel Rahman
Whatever you have done for Br. Omar Abdel Rahman and others
is recorded with Allah and you will get its reward immensely
one day, Insha Allah. I am sure of it.
Now please prepare his documented case AFRESH as requested
earlier. All the facts of the case are before you. You can
easily join all the bolts and nuts of it in a sequence to
prove his innocence . If he is freed, others will follow
suit automatically.
Shamim Siddiqui [Long Island, New York]
From the Aafia Movement
In Ramadan, pray for this distinguished Muslim woman who is
unjustly in a US Prison
As we will soon enter the blessed month of Ramadhan, busying
ourselves with its days and nights in worship until we reach
the joyous occasion of Eid, we ask you to remember our
sister Aafia, whose health continues to deteriorate in
prison. The least we can do in light of that is to send her
a reminder for the cost of a mere postage stamp that we have
not forgotten her; a reminder that, throughout this blessed
month, she'll remain at the forefront of our prayers and
thoughts.
Utilise the numerous opportunities in Ramadhan, night
prayers (tarawih), Friday prayers, iftar gatherings, and Eid
congregational prayers to distribute our Ramadhan and Eid
Greeting cards and obtain signed messages of support
NB: For the time being Aafia is only accepting postcards.
Please do not send long messages or letters. Please avoid
political discussion, anything that could be considered
inflammatory, controversial or which could be misconstrued
in a way that is detrimental to Aafia and her case.
AAFIA SIDDIQUI #90279-054
FMC Carswell
Federal Medical Center
P. O. Box 27137
Fort Worth, TX. 76127
What are the legalities of the US-Pak regime's move to open
the NATO supply route
From Prof. Khurshid Ahmad [received from Saifullah Gondal in
Islamabad.]
Islamabad (July 4, 2012):In a press statement issued today
theNaib Amir of Jamaat-e-Islami Pakistan ex-Senator Prof.
Khurshid Ahmad said that opening of the supply routes to US
and NATO Forces is an abject surrender to the US pressure
and blackmail and sell-out of Pakistan's sovereignty and
vital interests. According to Prof. Khurshid, the manner in
which the announcement has been made is also highly
objectionable. The unanimous Resolution of the Parliament
has unashamedly been violated in letter and spirit. The
Parliament has demanded a comprehensive package involving
priority to peace and political solution to the problem of
terrorism and Pakistan's delinking from the American War on
Terror. The Parliament has closed the doors of unwritten and
behind the scene agreements and demanded that all aspects of
relationships and understanding made, must be in written
form, approved by the Cabinet in consultation with the
Parliamentary Committee on National Security and also by
taking the Parliament into confidence. It is very clear that
Pakistan Foreign Minister committed to US Secretary of State
at least 12 hours before the meeting of the Cabinet Defence
Committee, whose own role is only recommendatory. Under the
Constitution and the Rules of Business DCC can only
recommend but the Cabinet is to take the decision, which has
met only after 18 hours after the DCC to put its rubber
stamp on what was decided by high-ups in total disregard to
the process laid down by the Parliament. This is how the
Government has violated the Constitution, Rules of Business
and the Resolution of the Parliament.
Prof. Khurshid also stressed that the US has practically
rejected every demand made by the Government in light of
the Parliamentary Resolution. It has given no categorical
and unconditional apology as was demanded by the Parliament.
The words 'sorry' and 'regret' had been circulating during
the last seven months and were not acceptable to the
Pakistani nation. Obama has apologized to the Afghan people
at least three times during the last one year. The blood of
Pakistan's Armed personnel and citizens was not even worth
the blood of the Afghan people and hence the Government of
Pakistan has shamelessly accepted the wrapped up'sorry' from
Mrs. Hillary Clinton.
Prof. Khurshid noted that the US have similarly ignored
Pakistan's request for halting drone attacks. "Drone attacks
are violation of our sovereignty and represent war against
Pakistan which have increased three times during the Obama
regime and there have been twenty two attacks after the
Salalah act of aggression", he said and added that the
Government by its latest surrender to the US dictates has
once again shown that it cares the least for national
interests and popular national sentiments. "Drone attacks
and opening of the routes are totally unacceptable to the
Pakistani people and they have every right to resist those
violations on their sovereignty and security by all
democratic means", he emphasized.
"Finally as to the economic dimension it is again entirely
shameful and contrary to national choice and interest. To
say that the issue of transit fee was not relevant is not
correct. Even in the original agreement of February 2002 the
provision was there which was not invoked by the Musharraf
Regime with the result that Pakistan suffered huge losses
both in monetary terms as well as in destruction of domestic
roads and infrastructure. Economically Pakistan has suffered
to the tune of 90 to 100 billion dollars during this
accursed war on terror. America has been successful in
blackmailing us by withholding aid and using threats to
sanctions. It is unfortunate that the country's political
and military leaderships have miserably failed to protect
Pakistan's sovereignty, honour and vital interest.
The lame excuse about Pakistan's isolation and tension with
48 countries is also totally misplaced and irrelevant. The
issue of tension was very much there before Salala
aggression and there is no qualitative change in the post
Salalah period. Does the Government want to say that the
DCC, the Cabinet and the Parliament did not know that the US
and 48 other countries are involved in Afghanistan from
October 2001 or has this revelation came to the Government
only in June and July 2012? Now it is for the people of
Pakistan to rise to the challenge and protect their country
from foreign aggressors and their collaborators at home", he
concluded.
The so called "government" was always wrong but had
Washington's support.
Received from Salim Mansur Khalid
Egyptian Court Rules: Decision Disbanding Muslim Brotherhood
Null and Void
Monday, July 7,2012 19:19
Cairo Criminal Court, headed by Justice Noor al-Din Yusuf
Abdul-Qadir, has announced reasons for its ruling in a case
that Egyptian media knew as the case of 'International
Organization' of the Muslim Brotherhood, having acquitted
Dr. Osama Suleiman, a businessman and one of the icons of
the Brotherhood, of the charges of joining a group founded
in contravention of the provisions of law, and money
laundering. In its historic statement of reasons, the Court
stressed that the Muslim Brotherhood was not founded in
violation of the provisions of the Constitution or the law,
nor did the prosecution provide any evidence whatsoever to
prove that the group - at any time - called for ignoring or
abolishing the provisions of the Constitution or the law, or
for preventing state institutions and the public authorities
from exercising their duties. The court further added that
the Brotherhood therefore did not actually commit any act
that could lead to such offences.
The Court stated, "Having studied and carefully considered
the reality of the Egyptian political scene and economic
life in Egypt, the Court believes that the Muslim
Brotherhood was founded at the time in accordance with the
provisions of the law. After the 1952 revolution, the
government considered the Brotherhood a political party,
subject to a newly enacted law to disband political parties.
This Court considers that the Brotherhood never behaved or
was described as a political party, and certainly was not
established under the political parties law.
"Therefore, to dissolve the Brotherhood, the authorities
should have referred to the law according to which the
organization was originally established, which is the NGO
law. When the Revolutionary Command Council issued the
decision to dissolve the organization, it turned the
Brotherhood into a political party against the wishes of the
Brotherhood's members, which is not lawful. The
Revolutionary Command Council did not have the authority to
force people to enter in a political party or form a party
against their will. Thus the decision to disband the
Brotherhood was null and void. Hence, the Brotherhood cannot
be described as an organization established in contravention
of provisions of law."
Chief Justice Roberts. The Jury is Still Out
By Dr. Wilmer J. Leon III
Last week, in a (5-4) decision, the US Supreme Court upheld
the Affordable Care Act (ACA). Dubbed "Obamacare" by its
opponents, the ACA is the cornerstone piece of legislation
of the Obama administration. Many were surprised that the
Court did not overturn the individual mandate provision of
the Act requiring most Americans to get health insurance or
pay a penalty. Even more surprising to some is that it was
Chief Justice Roberts who proved to be the swing vote,
siding with the court's four liberal justices.
As a result of this decision some conservatives are
questioning Chief Justice Roberts' allegiance to their
cause. Texas Gov. Rick Perry (R) said, "The Supreme Court
has abandoned us..." and Florida Gov. Rick Scott (R) said,
""Today's decision by the Supreme Court of the United States
is simply disappointing..." The Wall Street Journal's
editorial board wrote, "the Chief Justice had to rewrite the
statute Congress passed in order to salvage it."
Liberals and pro ACA advocates are praising Roberts for
saving health care reform and possibly the 2012 election for
President Obama. Howard Kurtz from Newsweek and The Daily
Beast wrote "The man who saved the president's health-care
law is the new liberal heartthrob." Well, the jury is still
out.
The Obama administration's primary argument in supporting
health care reform legislation was that Congress had the
power to enact the ACA based upon Article 1, Section 8,
Clause 3, the Commerce Clause; Congress has the power "To
regulate Commerce with foreign Nations, and among the
several States..." The Court held that the ACA was
unconstitutional based upon the Commerce Clause. However,
the court found that the ACA is constitutional based upon
Article 1, Section 8, Clause 1, the power to tax, "The
Congress shall have Power To lay and collect Taxes,
Duties..." By rejecting the Commerce Clause argument
Roberts may not be as liberal as people claim. In fact,
this could be Chief Justice Roberts acting more like the
great magician Harry Houdini.
It is possible that in this majority decision Roberts has
set the predicate to limit Congress' power over state action
under the Commerce Clause in future decisions. Roberts
wrote, "Construing the Commerce Clause to permit Congress to
regulate individuals precisely because they are doing
nothing would open a new and potentially vast domain to
congressional authority...They (the Framers) gave congress
the power to regulate commerce, not to compel it."
The Court has upheld Congress' use of the Commerce Clause as
a grant of congressional authority over the states' in
particular instances. The problem is that the Constitution
does not define "commerce". Some believe that it refers
simply to trade or exchange, while others believe that the
founders had a broader meaning that applies to commercial
and social intercourse between citizens of different states.
The latter has allowed the national government to exert a
greater amount of power over the states in civil rights and
voting rights cases. For example, the Civil Rights Act of
1964 was passed by Congress based upon the Commerce
Clause.
The Supreme Court has agreed to hear the case of Fisher v.
University of Texas and will rule later this year. Fisher
challenges the University of Texas' ability to use race as
factor in its affirmative action program. The Court is also
expected to rule on a Texas voting rights case that will
provide clarity about the role of the federal courts under
the Voting Rights Act of 1965. Could it be that by rejecting
the Obama administration's assertions under the Commerce
Clause that Roberts is paving the way for upcoming
conservative challenges to established civil rights
legislation?
Most will tell you that Chief Justice Roberts is a brilliant
man. He is playing 3 dimensional chess while most others are
playing checkers. With this ACA decision Roberts may have
engaged in a level of prestidigitation that even Houdini
would envy. By giving the Obama administration its legal
victory with his left hand (pardon the pun); he taps his
magic wand (or pen) with his right hand and limits the power
of the national government to regulate state action going
forward.
At the end of the day, is this not what ultra-conservatives
are after? They claim to want a smaller national
government, returning power to the states, "states rights".
If this is Roberts' true intention (and only time will tell)
it will be harder for liberals to complain about his logic
since he laid out the predicate for it in the ACA decision
that they are now applauding.
Be careful who you applaud and why. Chief Justice Roberts
may not be a traitor to the conservative cause, the jury is
still out..
Dr. WilmerLeon is the Producer/ Host of the nationally
broadcast call-in talk radio program "Inside the Issues with
WilmerLeon," and a Teaching Associate in the Department of
Political Science at HowardUniversityinWashington,D.C. Go
to Dr-Leons-Prescription@facebook.com, www.wilmerleon.com ,
email: wjl3us@yahoo.com. or www.twitter.com/drwleon
© 2012 InfoWave Communications, LLC
2012-07-09 Mon 18:28:37 cdt
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