Understanding Federal Jurisdiction and its Applicability to Obama Care

By Vincent Iori April 1, 2012

“A government that is big enough to give you all you want is big enough to take it all away.” – Barry Goldwater

Now that the Supreme Court of the United States (SCOTUS) has decided to take on the long awaited challenge to Obama Care, has purportedly met on Friday to discuss their “decision” and very likely won’t reveal their “decision” until June 2012, it would be an excellent opportunity to educate America with respect to this topic. Most Americans, unfortunately, are quite ignorant (often willfully) as to what subjects the Constitution actually authorizes Congress to concern itself with. Likewise there are no shortages of arguments alleging that Obama Care is or is not constitutional.

The correct assessment is actually both. This may seem an odd concept initially but the simple truth is that a federal statute can be constitutional or not depending upon the specific geographical location in question. In order to establish the actual truth once and for all, we need to analyze the topic of federal jurisdiction. What is it? When and where does it apply?

The FINAL answer to the questions above both begins and ends with the United States Constitution NOT the Supreme Court. Let’s look at what the Constitution actually says:

Article 1, Section 8

Article 1 of the Constitution creates the Legislative Branch of government (i.e. Congress) at the federal level. It further defines the Legislature Branch as being comprised of two Houses: 1) the House of Representatives and 2) the Senate. Section 8 within Article 1 defines the enumerated powers specifically delegated to Congress. These enumerated powers are the ONLY powers that Congress may exercise within the territory of any member State of the Union, period!

This is further reinforced by the text of the Tenth Amendment which reads as follows:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

The Tenth Amendment simply means exactly what it says! If the power in question IS NOT specifically delegated to Congress within the Constitution AND it is NOT specifically prohibited to the States THEN it is entirely outside of the domain of Congress to exercise that power within a State!

So can we now answer the question as to what federal jurisdiction, if any, exists within the territory of a member State of the Union? Yes we can and the answer is: The federal government has NO jurisdiction to enact laws and administer them within the territory of a State except with regards to those subjects specifically defined in Article 1, Section 8 above or elsewhere within the Constitution.

Since there is NOTHING, NADA, to be found anywhere within the Constitution authorizing Congress to involve itself with regards to the subjects of health care or insurance, Obama Care is downright unconstitutional and does NOT apply within the States!

There are, however, a few exceptions to the above as discussed below.

Article 1, Section 8, Clause 17

Clause 17 within Article 1, Section 8 grants the following powers to Congress:

“To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings”

This provision allows Congress to acquire land for specific purposes and to exercise exclusive legislative powers within those lands. The District of Columbia, for instance, was created by cession of land to Congress by Maryland and Virginia. In so doing, these States ceded their Legislative jurisdiction over to Congress. In other words, the laws of Maryland and Virginia do NOT apply within the District of Columbia even though the land itself is still within the boundaries of these States.

Conclusion: Congress therefore may enact and apply ANY legislation it wishes within the District of Columbia even if such legislation would be unconstitutional if applied within the territory of a State.

Also, the above provision allows Congress to acquire land within a State for an authorized purpose (establish a military base) and acquire exclusive legislative jurisdiction provided that that State’s Legislature cedes jurisdiction. For example, if one set foot onto an army base (where the State had previously ceded its jurisdiction) and commits murder, the State has NO authority to prosecute for that crime as that power would now belong to the feds. This is so even though the land that the army base is located upon is completely within the boundaries of the State that ceded jurisdiction.

Conclusion: Congress therefore may enact and apply ANY legislation it wishes within Federal Enclaves within the several States even if such legislation would be unconstitutional if applied within the territory of a State.

Final Analysis: Obama care therefore is in fact constitutional if applied within the District of Columbia or on an authorized federal enclave within a State (if jurisdiction was ceded by that State).

Article 4, Section 3, Clause 2

Article 4 of the Constitution discusses the relationship and duties of the several States amongst themselves and duties owed by the United States to the States. Clause 2, Section 3 of this article states:

“The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.”

This provision grants Congress the power to exercise legislative power over Territory and Property belonging to the United States. For example, when the United States is at war and captures enemy territory, property and/or personnel it is Congress NOT the State legislatures which has the power to decide the disposition of the above. It is Congress alone that is empowered to decide if, when, how and under what circumstances captured or acquired territory, property or personnel are returned to a former enemy, kept by the United States, given to a State, another country, etc.

In the Treaty ending the Spanish-American War, the United States acquired several territories including: Puerto Rico, Guam, American Samoa, US Virgin Islands, Guantanamo as well as the Hawaiian and Philippine Islands. At that time, Congress possessed unlimited legislative powers within the territory of the above. Subsequently, the Philippine Islands were granted independence after WWII. From that date forward, Congress possesses NO jurisdiction over the Philippines as they have since become an independent nation with its own government and laws. Likewise, the Hawaiian Islands have since been admitted into the Union as a State. From that moment forward, Congress ceased to posses unlimited legislative jurisdiction (per Article 4, Section 3, Clause 2)and now possesses only limited jurisdiction (per Article 1, Section 8) within Hawaii today.

Conclusion: Congress therefore may enact and apply ANY legislation it wishes within Territories belonging to the United States even if such legislation would be unconstitutional if applied within the territory of a State. Thus Obama Care would be constitutional if applied within Puerto Rico, Guam, American Samoa, US Virgin Islands, and Guantanamo or for that matter Afghanistan or Iraq.

What is the FINAL Analysis Regarding Obama Care?

As we established above, federal jurisdiction is entirely dependent upon what specific geographical location is in question. Specifically we established that federal jurisdiction applies as follows:

Within the territory of foreign nations – None.
Within the several States – Limited by Article 1, Section 8 of the United States Constitution.
Within Washington, DC or any authorized federal enclave (i.e. military bases) where the State Legislature has ceded jurisdiction – Unlimited.
Within Territories belonging to the United States (i.e. Puerto Rico, Guam, American Samoa, US Virgin Islands, and Guantanamo) or Captures on Land (i.e. Afghanistan, Iraq) – Unlimited.

FINAL OVERALL CONCLUSION

The federal enactment more commonly known as Obama Care is Constitutional ONLY if applied within 3) or 4) above! Likewise, Obama Care is, without question, un-Constitutional if applied within either 1) or 2) above!

Closing Comments

I have followed many cases before the Supreme Court over the years. While they sometimes conduct themselves appropriately (i.e. Marbury v Madison – “A Law repugnant to the Constitution is void.”, MacDonald v Chicago – striking down Commissar Daley’s illegal gun ban/registration scheme) it must be noted that they are nothing more than political appointees. SCOTUS is usually reluctant to strike down federal power grab attempts (i.e. Social Security, Medicare, federal Income Tax, federal Gun Control, etc) even when it is abundantly clear and obvious to anyone who can read English and has at least average intelligence what the Constitution clearly states. We have seen this over the years with the outrageous and even criminal behavior of activist judges inventing legalese BS (i.e. Roe v Wade – it is somehow a “right” to murder 50 million and counting pre born children, Citizens United – corporations are supposedly equal to Citizens and can contribute to political candidates even though ineligible to vote for those same candidates, etc.).

I would strongly urge my fellow Americans NOT to get their hopes up too high. The members of SCOTUS have not shown themselves to be consistently loyal to their own oaths of office. They may well strike down Obama Care (let’s hope so). If they don’t then it will be up to us to take matters into our own hands with the knowledge that We the People will at least possess the moral high ground.

NOTE: You can read the entire United States Constitution for yourself here.

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(c) Vincent J Iori

About Vince Iori

Vince Iori is one of the latest personalities to go public in the ongoing struggle to retake America. Realizing that there is a real need for Truth, Integrity and Leadership in this country, Vince has responded to the call of duty to speak out via radio and online with truthful, no nonsense solutions to the problems America currently faces. Understanding that America will NEVER be restored to its former greatness as long as the current Luciferian cabal of economic/political and socialist war criminals, who have willfully waged undeclared war against the American people (and the rest of the world), are permanently removed from power and prosecuted, Vince endeavors to educate and spiritually prepare the American people for the coming war ahead. . See Vince’s complete biography.

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