Fixing congress now!

So Wednesday. Thursday I mean yes it was when -- say it's Thursday and today. Is Decision Day from the supremes. They're handed down the big one on Obama care. I'm not confident are you know. Not confident at all Todd -- show brought to -- by network capital funding corporation your future financed. Back to warm weather it's kind of a transition day today. From cold back to war will top off in the mid eighties before getting into the ninety's. For. The weekend joining us now is Nathaniel yell as he's the deputy political director for heritage action. Which is some kind of part of The Heritage Foundation a conservative think tank and he has been traveling around the country. Collecting information and feedback from Tea Party groups in GOP organizations nationwide. About this whole obamacare thing that Daniel welcome to WRKO. I don't I'm doing quite well what do you have to say for yourself what's your take on this whole situation. But what you're seeing is congress and President Obama with a huge risk and saying that -- -- on page in the law empowering secretary Sebelius. Finding out if we didn't buy health insurance there's a way to solve what's wrong with healthcare in this country. And as I've been traveling around with no one I've talked to in the center right and center in America this and I country so majority of people. Don't like the flawed and so we'll see whether or not -- for the nine supreme. Decided they don't like the -- either today. But based on what's been happening in the country historically if we look at so and so it if for example there is. A lack of clarity about which way the -- will go and the reason -- lack of clarity. Is because the whole country's I'm talking about the political structure in Washington has been going along with this idea that we ignore the constitution. And pass laws that current constitutional then use those as the precedent. For passing ones that are more unconstitutional. And I -- and then you get to where we are now which is you can't see your relationship. Between what we've built and the plan that the founders created for. It's a constitution means anything -- have to be bright line that congress can't pass when it comes to regulating interstate commerce. And you're right historically that line has been moving further and further away from where -- originally was and congress has been getting more and more power. But we saw the 958. Lopez what congress tried to use the commerce power to -- that you. Couldn't that the -- within 500 feet of any school in the country. The prison that's concept that what was on an actual regulation having to do with commerce that was something else. Of and so we could see them decide that this cases outside of that great line but unfortunately unlike Lopez is not obviously. Outside the line because what health insurance in the commercial transaction the question is whether. Congress and tell each individual. With their power to regulate in this interstate commerce that they have to buy culture. Is there were a chance that they might say the difference. Between the mandate and it taxes really only one. Of which word you use that this is a construction. Designed to implement attacks without admitting that you're doing attacks. As they -- unaware of follow up on about the logic and it is -- Four hours of arguments really convoluted on that point because what -- general kept going kept contradicting himself. When he needed to be back it was a tax money needed not to be attacked and welcome. And I don't think we're -- clarity of argumentation so I don't know which what the justices will see it all like source arch or strike they're gonna look at that. And see what they wanna see unfortunately and that's why but that's why everyone is predicting that says that three justices -- -- that unfortunately. I would think that that kind of ambiguity that you're referring to would require that day -- say he can't have a both ways. You said it's not attacks we have to look at it as what it is which is a mandate. And forget about it being -- how this whole thing about the the the act in 1867. Which bans. Cars are the Supreme Court from issuing a ruling on attacks before that taxes taken effect if this is not a tax why is that a concern. That that would that that act would do to be impact on them making a decision today. In order for the court to rule on anything in there have to be actual the defendants are the people suing the government over that slot have to have actual standings needing a lot has actually arming them okay and until I was forced to pay that fine there's no argument that as that they don't have any standing to. So this is not just about taxes it's also about. It any effective alive if you're gonna be aggrieved you have to have suffered the damage -- campy imaginary damaged -- you're going to. The Supreme Court in advance to be protected from. That's true but everyone who appeared before the Supreme Court argued that the other side has not standing the government will always say hey the student actually harm the idea that the person's going -- in the case they'll always make the argument the question is whether or not justices will buy it in in this case. I don't think they look at the strongest argument we saw out. What -- what are the strongest arguments that really the supremes had to sift through over the past few weeks. A -- strongest argument especially from the liberal side of the -- that. Health -- has been getting more responsive and there is a problem where we're from people like me don't have health insurance and that makes it more expensive for the middle aged and older people -- that health insurance. It is the -- by that as a compelling reason for congress to act. And -- and can you believe will hate him and the below. Juvenile and it's you look at the circumstances of the case sought compelling reason to make a decision I think that. That will play too sure about it but the conservative justice is because it actually all of the rules of logic will say it doesn't matter. Well because that's a self imposed problem that congress created for itself. Right I mean right you can't pass a bunch of laws and send and say oh we have to violate the constitution because it's so hard to follow these laws that we passed. Absolutely when I -- and when I was an individual and individual market but other than great health insurance policy when I was in Texas a -- -- fifty bucks a month. Had a 101000 dollar deductible just in case something horrific happens. And that's New Hampshire and at an exact policy costing 172 dollars -- congress could have looked at this and said. Well the problem is these different state standards and how many regulations are in place we'll get rid of -- if pick them up the bill would have been about fifteen pages -- night out we'd be in the Supreme Court. How we get the situation or congress could even pass something. Is incomprehensible. -- the line. So president of the newly elected big I didn't help it was what you're gonna go after -- and it was just a matter co opting all the different interest groups and how cruel world and supporting some. And so you know a few hundred pages -- up American Medical Association a few hundred patients to a lot arm of the drug company. That follows you running at one and that's saying I'm having sixty votes at a time in the senate the Democrats just tried to get away with that -- -- What's ironic though is that they didn't actually get to craft legislation that they wanted because this. This ended up being the senate bill. That hadn't gone to conference with the the house bill and Henman worked out so like you say it was a bastard -- version with a lot of favors handed out to different groups. That Sony is one buyout after another and unfortunately that's the way the Democrats -- let's say the process is paying off all the answers standards. In making new policy. Any closing -- you have for us Nathaniel -- us from heritage action you've been traveling around the country what if you picked up from. People from conservatives and Tea Party groups in terms of where their emotions and tanner we you know what whereas the political energy on this on this law. The political energy that against the slot we've got to take that same energy that we have to twenty -- -- got rid of the policy outs are represented as we have to say look. The people that voted for this bother people that support ever increase in government they've got to help. All of the real change -- gonna happen what the vote among by justices of the Supreme Court it's gonna happen -- it's. Millions of Americans going to the polls in November we've really got to look at the records of members of congress make an informed. Yup I agree thank you Nathaniel -- us deputy political director of heritage action from the tourniquet Heritage Foundation thank you sir good talk with -- But I you know everything comes down to us. It.