“The Immutable Law” – The Independent Payment Advisory Board (IPAB)

IPAB

What if I told you that a silent coup has been in place since 2010?  If all that has been going on in the vaunted halls of Congress has been to deter those fighting against this coup from dealing the final blow to a momentous plan and Treasonous Act?  That on August 15, 2017, you will be witness to history?  For upon this date, it will be the first time in the history of this nation that an immutable law is passed. The Independent Payment Advisory Board (IPAB)

im·mu·ta·ble
i(m)ˈmyo͞odəb(ə)l/
adjective

unchanging over time or unable to be changed.
“an immutable fact”
synonyms: fixed, set, rigid, inflexible, permanent, established, carved in stone

Supporting the efforts to repeal IPAB are entities such as:
The Pharmaceutical Research and Manufacturers of America, American Medical Association, American Hospital Association, American College of Physicians (to an extent), The American Academy of Neurology, Families USA, The American Health Care Association, The American Academy of Orthopedic Surgeons, the American Society of Anesthesiologists and American Association of Neurological Surgeons, Howard Dean, Rep Allyson Schwartz, CSEPS, the AAO and 700 other organizations (https://www.hlc.org/…/uploads/2016/11/2016-Letter-with-Sign…), the National Committee to Preserve Social Security and Medicare, Congressman Pete Stark, over 500 consumer, patient, veteran, provider, and senior advocacy groups and too many others to list here. Too many to not be taken for what it is…

…the undermining of the Constitution of the United States of America, the usurpation of the powers of the United States Congress and the People of the United States, and the overthrow of our government as we know it.

This is real.  This is happening; and while everyone in the country is divided along so many lines (Russia, North Korea, Transgender, Healthcare, Racism, the bolstering of opinion to fact, catering to the least common denominators, Trump tweets, fake news, and other petty inconveniences) our Constitution is about to be burned and forever unrecoverable.

In an unprecedented abrogation of Congressional authority to an unelected and unaccountable body of so-called experts, Congress and President Obama went to extraordinary, unconstitutional, and even absurd lengths to try to protect the IPAB from itself being repealed by future Congresses. The Act states that Congress may only repeal the IPAB if it follows these precise steps:

1. Wait until the year 2017.
2. Introduce a specifically worded “Joint Resolution” in the House and Senate between January 1 and February 1.
3. Pass that resolution with a three-fifths vote of all members of each chamber by August 15.
4. The president must then sign that joint resolution.

Steps one and two have been completed.  One has only to click over to www.congress.gov website to see for themselves.  The problem, however, is step three.  The last vote requiring a supra majority was introduced on September 25, 1789 (The 27th Amendment) and it took 202 years, 7 months and 10 days to ratify. I think it is safe to say that this is not going to happen in the next few days.

So what dangers does the IPAB pose, aside from being treason:

  1. Congress’s attempt to delegate its legislative powers to the IPAB lies beyond the legislative power that the people delegated to Congress through the U.S. Constitution.  Article I, Section 1, of the Constitution states, “All legislative Powers herein granted shall be vested in a Congress of the United States…”.  The Supreme Court has explained that Congress may not “abdicate, or . . . transfer to others, the essential legislative functions with which it is vested.  Currin v. Wallace, 306 U.S. 1, 15 (1939).
  2.  The IPAB Gives HHS the Power of the Purse – The Act requires that every IPAB proposal “shall include recommendations with respect to administrative funding for the Secretary to carry out the recommendations contained in the proposal,” and “shall include…a legislative proposal that implements the recommendations.”  Absent congressional action, that “legislative proposal” becomes law. The act then transfers that appropriations power to the Secretary.
  3. The IPAB can raise taxes as surely as it can alter Medicare payments.  Remember, the IPAB is not subject to review, Congressional or Judicial.
  4. The IPAB will have the power to ration care even for those who are not enrolled in government programs.  The Act grants the IPAB the power to regulate non-federal health care programs and private health care and health insurance markets, so long as such action is “related to the Medicare program,” “improves health care outcomes,” and serves the IPAB’s other stated goals.  IPAB’s ability to regulate private health care markets comes from the sweeping powers discussed above.  Numerous provisions of the Act show this was also the clear intent of IPAB’s architects.
  5. Lacks of Checks and Balances – PPACA does not require the IPAB to hold hearings, take testimony, or receive evidence from the public.  Anticipating that voters would resist having 15 unelected officials ration care to 300 million Americans, PPACA’s authors included several provisions designed to prevent future Congresses, presidents, and courts from blocking IPAB’s proposals
    • exempts the development of the board’s proposals from the administrative rule-making requirements that Congress imposes on other executive-branch agencies.
    • restricts the president’s authority under the Constitution’s Recommendations Clause, which states the president may “recommend to [Congress’s] Consideration such Measures as he shall judge necessary and expedient.”  For example, in 2009, President Obama invoked the Recommendations Clause with regard to provisions of the Omnibus Appropriations Act.  PPACA unconstitutionally attempts to deny the president his constitutional prerogative to use his own discretion as to what measures he submits to Congress.
    • once a legislative proposal arrives in Congress, the Act protects it by codifying changes to the Senate’s parliamentary rules that limit the ability of the Senate—and thereby the House of Representatives, which must reach agreement with the Senate—to modify or reject the proposal before it automatically becomes law.
  6. In 2020, Congress Loses All Power to Control IPAB. Believe me, the 2020 election is going to be like nothing you have ever seen!  Knowing how much power is actually on the line, the 2020 election is going to be an absolute bloodbath if Congress fails to repeal this Treasonous act.
  7. Far Beyond “Fast-Track” Authority
  8. After 15 August 2017, Congress (and the states) could repeal the Bill of Rights, but not the IPAB.
  9. IPAB’s an unprecedented delegation of legislative, executive, and judicial authority in violation of the Separation of Powers doctrine.  The IPAB’s an unprecedented delegation of legislative, executive, and judicial authority in violation of the Separation of Powers doctrine.

The Independent Payment Advisory Board’s anti-repeal provisions are so unconstitutional as to be absurd. They would deny future Congresses their basic legislative powers, and thereby diminish Congress’s constitutional authority by statute. It is a maxim of representative government that Congress does not have the power to bind the hands of a subsequent Congress by statute. Thomas Jefferson noted that if a present legislature were to “pass any act, and declare it shall be irrevocable by subsequent assemblies, the declaration is merely void, and the act repealable, as other acts are.

The Patient Protection and Affordable Care Act and the Independent Payment Advisory Board are not merely unconstitutional…they are anti-constitutional.

“Through this Act, Congress and President Obama attempted to rewrite multiple provisions of the Constitution, to deny future Congresses their powers under the Constitution, to deny current and future voters their right to alter and abolish unjust laws, and to deny the judiciary its role as a check against unjust laws. If IPAB survives— if Congress and President Obama succeed in amending various provisions of the U.S. Constitution by statute—then the United States will have a Constitution in name only. The United States will have become a de facto majoritarian democracy or worse, in which the majority always has the option of surrendering even more power to unelected bureaucrats, but not necessarily the option of reclaiming it. Congress, not the Constitution, will define the limits of its own power. Congress will vest whatever powers its majorities choose in whatever individuals they deem fit. The Independent Payment Advisory Board poses a threat to the U.S. Constitution and representative government that transcends party and ideology, and that has earned IPAB opponents of all political stripes.” – Diane Cohen and Michael F. Cannon

Call your legislators today.  Overwhelm their systems and their staff. Make sure they know that the repeal of the IPAB is the only thing they should be concerned with right now.

The choice is yours whether to live free in a Constitutional Republic, or to become slaves to a majoritarian democracy. I, for one, love the former.

God bless you all and may God bless the United States of America.

Styxx
Minuteman Militia

Minuteman Militia