Why Obamacare Is Unconstitutional – Ep. 425
The Peter Schiff Show Podcast17 Des 2018

Why Obamacare Is Unconstitutional – Ep. 425

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Decision May Well Stand up under Appeal
A Federal Judge in the state of Texas, U.S. District Judge Reed O’Connor, has ruled that the Affordable Care Act, otherwise known as Obamacare, is unconstitutional, and therefore the law would be null and void, that it would be struck down. Of course this will be the subject of appeal, so whether or not this decision is going to hold is still an open question. But if you listen to the way it is being reported in the media, the reaction from a lot of the people, particularly the Democrats, is that they are accusing this judge of being partisan, being a judicial activist, that this is a ridiculous crazy decision and that it will clearly be overturned. All this is a bunch of nonsense. The judge in this case is completely correct. Obamacare was unconstitutional before this decision.
The Rationale Behind Judge's Ruling
This particular judge focused on one aspect of the law, but there are so many reasons this law is unconstitutional. But for the purpose of this podcast is to focus on the rationale behind the judge's ruling and why I believe the decision is valid and may, in fact stand up under appeal. Under the new makeup of the Supreme Court, some of the new justices could easily side with the original dissent to form a new majority now that the law itself has been changed based on the Tax Cuts and Jobs Act, which is the basis of this particular decision.
Read Article 1, Section 8, Clause 3 of the U.S. Constitution
I did an earlier podcast on whether or not the U.S. government could require American citizens to purchase health insurance. Now the theory was that they had the right to do this under what is now known as the Commerce Clause (Article 1, Section 8, Clause 3 of the U.S. Constitution), one of the single most understood Constitutional clauses which has enabled the government to get away with all sorts of things that the Constitution does not authorize. This is where all the powers to the Federal government are delegated. One of the powers is to regulate commerce with foreign nations and among the several states and with the Indian tribes. That's it.
Constitution Allows Federal Government to Regulate Commerce, not Companies
Now based on that clause, you have had Supreme Courts validate government regulation of companies because the government claims that since those companies engage in interstate commerce, that it falls within that power, that Congress can regulate these companies because the company is engaged in commerce. Of course, that's not what it says. The Constitution doesn't say the Federal government has the right to regulate companies that engage in interstate commerce, it just says it can regulate the commerce, itself. The commerce has to do with the flow of goods and services over state borders. So this is an unconstitutional expansion of Federal power. The Federal government does not have the constitutional authority to regulate businesses simply because these businesses happen to engage in interstate commerce.
Federal Regulation of Business Outside of Constitutional Authority
But that was even the camel's nose under the tent, because then it got worse. Then what happened is companies that were regulated that did no interstate commerce were saying, "this law does not apply to me because I don't engage in interstate commerce." But the Supreme Court said that the Federal government under the Commerce Clause can regulate companies that do not even engage in interstate commerce if they can show that those companies somehow effect interstate commerce, even though they themselves do not participate in it. So now, Our Sponsors: * Check out FRE and use my code LISTEN20 for a great deal: https://frepouch.com * Check out Infinite Epigenetics: https://infiniteepigenetics.com/GOLD * Check out Justin Wine and use my code SCHIFF20 for a great deal: https://www.justinwine.com Privacy & Opt-Out: https://redcircle.com/privacy

Episoder(1085)

Are Forex Markets Finally Acknowledging the Slowing U.S. Economy?

Are Forex Markets Finally Acknowledging the Slowing U.S. Economy?

* Volatile day in the markets * Largest decline in Personal Spending since September 2009 * Wages and Salaries gain slowest in 7 months * December ISM Manufacturing Index down to 53.5 * December Employment growth at 7-month low * 2.6% GDP number will likely be revised downward * U.S. Factory Orders declined 3.6% in December * Oil prices triggering momentum against the dollar * The FOREX markets are beginning to acknowledge U.S. economic weakness * QE4 will accompany a budget-busting economic stimulus * S&P was the only agency penalized by the government for rating sub-prime mortgage AAA * S&P is actually being penalized for downgrading U.S. government debt Our Sponsors: * Check out FRE and use my code LISTEN20 for a great deal: https://frepouch.com * Check out Infinite Epigenetics: https://infiniteepigenetics.com/GOLD * Check out Justin Wine and use my code SCHIFF20 for a great deal: https://www.justinwine.com Privacy & Opt-Out: https://redcircle.com/privacy

4 Feb 201530min

A Dove in Hawk’s Clothing – Ep. 49

A Dove in Hawk’s Clothing – Ep. 49

* Fed's official statement released yesterday * Received by the market as hawkish, Fed is still reiterates "patience" * The statement noted unguarded optimism about the U.S. Economy * Fed ignored unstable markets, Europe, oil prices and strength of the dollar * Response: the market sold off and the dollar rallied * Gold declined on Fed's expectations * The Fed's underlying goal may be to talk the dollar up and talk the markets down * Strong dollar buys time * Continued "patience" indicates Fed's true agenda Our Sponsors: * Check out FRE and use my code LISTEN20 for a great deal: https://frepouch.com * Check out Infinite Epigenetics: https://infiniteepigenetics.com/GOLD * Check out Justin Wine and use my code SCHIFF20 for a great deal: https://www.justinwine.com Privacy & Opt-Out: https://redcircle.com/privacy

29 Jan 201517min

Weak Earnings and Bad Economic Data Pummel Stocks – Ep. 48

Weak Earnings and Bad Economic Data Pummel Stocks – Ep. 48

* Wall Street spared blizzard only to be buried in bad earnings and bad economic news * December durable goods down 3.4%; expected to come in at +.7 * Consumer confidence up to 102.9; contrarian indicator * Last time consumers were this confident was in the middle of 2007 * Number will collapse when reality has a violent confrontation with perception * P&G earnings down 31% * Caterpillar warned * Microsoft stock down 10% today * UPS announced they overestimated holiday sales * Businesses geared up for a recovery in late 2013 that was not going to happen * Layoffs coming in 2015 * This may give the Fed an excuse to delay rate increase * How can a strong dollar be good for America but a weak euro be good for Europe? Our Sponsors: * Check out FRE and use my code LISTEN20 for a great deal: https://frepouch.com * Check out Infinite Epigenetics: https://infiniteepigenetics.com/GOLD * Check out Justin Wine and use my code SCHIFF20 for a great deal: https://www.justinwine.com Privacy & Opt-Out: https://redcircle.com/privacy

28 Jan 201535min

Obama Misstate of the Union – Ep. 47

Obama Misstate of the Union – Ep. 47

* The President is taking credit for an economic recovery that is a bubble created by the Fed * Obama voters' salaries are much lower now than when he was elected * We have fewer full-time jobs during Obama presidency * Obama is offering freebies to the middle class, promising to tax the "wealthy" * Getting money that you didn't earn is "fair" * Higher taxes on earned money is "fair" * Capitalism built the middle class * The Government has destroyed the middle class * Obama actually claimed that he "reduced" the national debt Our Sponsors: * Check out FRE and use my code LISTEN20 for a great deal: https://frepouch.com * Check out Infinite Epigenetics: https://infiniteepigenetics.com/GOLD * Check out Justin Wine and use my code SCHIFF20 for a great deal: https://www.justinwine.com Privacy & Opt-Out: https://redcircle.com/privacy

23 Jan 201510min

Central Banks Wage War Against Low Prices – Ep. 46

Central Banks Wage War Against Low Prices – Ep. 46

* Big action from the Central Banks this week * Bank of Canada lowered rates from 1% to .75% * The ECB announced the launch of first QE program * The Euro plunged against gold * Central Banks' goal is to raise the level of inflation to guard against falling prices * Falling prices accelerate economic activity * Regulations and taxes slow down economies * QE in Europe lets the politicians escape the consequences of regulations and taxes * QE will send European money abroad * Inflation is an obstacle to economic growth Our Sponsors: * Check out FRE and use my code LISTEN20 for a great deal: https://frepouch.com * Check out Infinite Epigenetics: https://infiniteepigenetics.com/GOLD * Check out Justin Wine and use my code SCHIFF20 for a great deal: https://www.justinwine.com Privacy & Opt-Out: https://redcircle.com/privacy

23 Jan 201523min

Gold Rally Continues, Yuan/Dollar Peg Explained – Ep. 45

Gold Rally Continues, Yuan/Dollar Peg Explained – Ep. 45

* Biggest 7-day surge in Gold prices since 2011 * U.S. GDP will be lower than in Canada this year * Canadian gold production will rise in 2015 * Gold is rising against most currencies except the Swiss Franc * The IMF still believes the U.S. economy is recovering * Outlook for gold in Australia is also positive * The Yuan will probably be the next peg to go, allowing it to rise against the dollar * The American workforce is being rewarded for incurring large debt to engage in unproductive careers Our Sponsors: * Check out FRE and use my code LISTEN20 for a great deal: https://frepouch.com * Check out Infinite Epigenetics: https://infiniteepigenetics.com/GOLD * Check out Justin Wine and use my code SCHIFF20 for a great deal: https://www.justinwine.com Privacy & Opt-Out: https://redcircle.com/privacy

21 Jan 201522min

Will China Pull a “Switzerland” on the U.S. Dollar?

Will China Pull a “Switzerland” on the U.S. Dollar?

* Thursday, January 15, will be remembered as the day Switzerland abandoned its peg to the Euro * The Swiss defended their policy to peg to the Euro, but suddenly reversed, limiting their losses * They admitted they were wrong * Although the Swiss stock market went down in their currency, it was up in every other currency * Gold is up against everything except the Swiss franc * The news in the Swiss market will be a tremor compared to the earthquake if the Chinese abandon their peg both to the Hong Kong Dollar and the Yuan * America will win the currency war to the detriment of the American people Our Sponsors: * Check out FRE and use my code LISTEN20 for a great deal: https://frepouch.com * Check out Infinite Epigenetics: https://infiniteepigenetics.com/GOLD * Check out Justin Wine and use my code SCHIFF20 for a great deal: https://www.justinwine.com Privacy & Opt-Out: https://redcircle.com/privacy

17 Jan 201524min

Switzerland Loses Currency War Swiss Win – Ep. 44

Switzerland Loses Currency War Swiss Win – Ep. 44

* The Swiss people have given up the inflation ghost to win the currency war * Media reports negative on the news: "silly decision" * Oil down against the Swiss Franc * Swiss stocks up in U.S. dollars * Wall Street expects Eurozone QE, but without Swiss, QE might be less likely * Gold up against other currencies * Franc surging in value against the dollar * This move may signal economic reform * Unfortunately Janet Yellen is not going to get this memo * Volatility from Swiss move is nothing compared to consequences of a U.S. QE 4 * This move is bearish for the U.S. market * Buckle up, it's going to be a bumpy ride Our Sponsors: * Check out FRE and use my code LISTEN20 for a great deal: https://frepouch.com * Check out Infinite Epigenetics: https://infiniteepigenetics.com/GOLD * Check out Justin Wine and use my code SCHIFF20 for a great deal: https://www.justinwine.com Privacy & Opt-Out: https://redcircle.com/privacy

15 Jan 201517min

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