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-   -   Obama taking away constitutional rights? (http://www.derbytrail.com/forums/showthread.php?t=36689)

dellinger63 06-17-2010 08:16 PM

Obama taking away constitutional rights?
 
WTF is this guy doing? Following Chicago's DaMayor who usurped the 2nd amendment? Unless I'm mistaken the fat former first lady (please Hillary stop eating, it's not healthy and we pay for your fat a$$) and our (care about illegals and obese first) President plan on usurping amendment number ten.


http://www.realclearpolitics.com/vid...ation_law.html

Honu 06-17-2010 10:22 PM

This takes the cake, love the part about behavior modification...Im sure Cass Sunstein had a hand in this because this is his MO.

Office of the Press Secretary

For Immediate ReleaseJune 10, 2010
Executive Order-- Establishing the National Prevention, Health Promotion, and Public Health Council
EXECUTIVE ORDER

ESTABLISHING THE NATIONAL PREVENTION, HEALTH PROMOTION, AND PUBLIC HEALTH COUNCIL

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 4001 of the Patient Protection and Affordable Care Act (Public Law 111-148), it is hereby ordered as follows:

Section 1. Establishment. There is established within the Department of Health and Human Services, the National Prevention, Health Promotion, and Public Health Council (Council).

Sec. 2. Membership.

(a) The Surgeon General shall serve as the Chair of the Council, which shall be composed of:

(1) the Secretary of Agriculture;
(2) the Secretary of Labor;
(3) the Secretary of Health and Human Services;
(4) the Secretary of Transportation;
(5) the Secretary of Education;
(6) the Secretary of Homeland Security;
(7) the Administrator of the Environmental Protection Agency;
(8) the Chair of the Federal Trade Commission;
(9) the Director of National Drug Control Policy;
(10) the Assistant to the President and Director of the Domestic Policy Council;
(11) the Assistant Secretary of the Interior for Indian Affairs;
(12) the Chairman of the Corporation for National and Community Service; and
(13) the head of any other executive department or agency that the Chair may, from time to time, determine is appropriate.

(b) The Council shall meet at the call of the Chair.

Sec. 3. Purposes and Duties. The Council shall:

(a) provide coordination and leadership at the Federal level, and among all executive departments and agencies, with respect to prevention, wellness, and health promotion practices, the public health system, and integrative health care in the United States;

(b) develop, after obtaining input from relevant stakeholders, a national prevention, health promotion, public health, and integrative health-care strategy that incorporates the most effective and achievable means of improving the health status of Americans and reducing the incidence of preventable illness and disability in the United States, as further described in section 5 of this order;

(c) provide recommendations to the President and the Congress concerning the most pressing health issues confronting the United States and changes in Federal policy to achieve national wellness, health promotion, and public health goals, including the reduction of tobacco use, sedentary behavior, and poor nutrition;

(d) consider and propose evidence-based models, policies, and innovative approaches for the promotion of transformative models of prevention, integrative health, and public health on individual and community levels across the United States;

(e) establish processes for continual public input, including input from State, regional, and local leadership communities and other relevant stakeholders, including Indian tribes and tribal organizations;

(f) submit the reports required by section 6 of this order; and

(g) carry out such other activities as are determined appropriate by the President.

Sec. 4. Advisory Group.

(a) There is established within the Department of Health and Human Services an Advisory Group on Prevention, Health Promotion, and Integrative and Public Health (Advisory Group), which shall report to the Chair of the Council.

(b) The Advisory Group shall be composed of not more than 25 members or representatives from outside the Federal Government appointed by the President and shall include a diverse group of licensed health professionals, including integrative health practitioners who are representative of or have expertise in:

(1) worksite health promotion;
(2) community services, including community health centers;
(3) preventive medicine;
(4) health coaching;
(5) public health education;
(6) geriatrics; and
(7) rehabilitation medicine.

(c) The Advisory Group shall develop policy and program recommendations and advise the Council on lifestyle-based chronic disease prevention and management, integrative health care practices, and health promotion.

Sec. 5. National Prevention and Health Promotion Strategy. Not later than March 23, 2011, the Chair, in consultation with the Council, shall develop and make public a national prevention, health promotion, and public health strategy (national strategy), and shall review and revise it periodically. The national strategy shall:

(a) set specific goals and objectives for improving the health of the United States through federally supported prevention, health promotion, and public health programs, consistent with ongoing goal setting efforts conducted by specific agencies;

(b) establish specific and measurable actions and timelines to carry out the strategy, and determine accountability for meeting those timelines, within and across Federal departments and agencies; and

(c) make recommendations to improve Federal efforts relating to prevention, health promotion, public health, and integrative health-care practices to ensure that Federal efforts are consistent with available standards and evidence.

Sec. 6. Reports. Not later than July 1, 2010, and annually thereafter until January 1, 2015, the Council shall submit to the President and the relevant committees of the Congress, a report that:

(a) describes the activities and efforts on prevention, health promotion, and public health and activities to develop the national strategy conducted by the Council during the period for which the report is prepared;

(b) describes the national progress in meeting specific prevention, health promotion, and public health goals defined in the national strategy and further describes corrective actions recommended by the Council and actions taken by relevant agencies and organizations to meet these goals;

(c) contains a list of national priorities on health promotion and disease prevention to address lifestyle behavior modification (including smoking cessation, proper nutrition, appropriate exercise, mental health, behavioral health, substance-use disorder, and domestic violence screenings) and the prevention measures for the five leading disease killers in the United States;

(d) contains specific science-based initiatives to achieve the measurable goals of the Healthy People 2020 program of the Department of Health and Human Services regarding nutrition, exercise, and smoking cessation, and targeting the five leading disease killers in the United States;

(e) contains specific plans for consolidating Federal health programs and centers that exist to promote healthy behavior and reduce disease risk (including eliminating programs and offices determined to be ineffective in meeting the priority goals of the Healthy People 2020 program of the Department of Health and Human Services);

(f) contains specific plans to ensure that all Federal health-care programs are fully coordinated with science-based prevention recommendations by the Director of the Centers for Disease Control and Prevention; and

(g) contains specific plans to ensure that all prevention programs outside the Department of Health and Human Services are based on the science-based guidelines developed by the Centers for Disease Control and Prevention under subsection (d) of this section.

Sec. 7. Administration.

(a) The Department of Health and Human Services shall provide funding and administrative support for the Council and the Advisory Group to the extent permitted by law and within existing appropriations.

(b) All executive departments and agencies shall provide information and assistance to the Council as the Chair may request for purposes of carrying out the Council's functions, to the extent permitted by law.

(c) Members of the Advisory Group shall serve without compensation, but shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Government service (5 U.S.C. 5701-5707), consistent with the availability of funds.

Sec. 8. General Provisions.

(a) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C App.) may apply to the Advisory Group, any functions of the President under that Act, except that of reporting to the Congress, shall be performed by the Secretary of Health and Human Services in accordance with the guidelines that have been issued by the Administrator of General Services.

(b) Nothing in this order shall be construed to impair or otherwise affect:

(1) authority granted by law to an executive department, agency, or the head thereof; or
(2) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

BARACK OBAMA

THE WHITE HOUSE,
June 10, 2010

Riot 06-17-2010 10:34 PM

How DARE Obama try to improve the health of our citizens! That's an impeachable offense, surely!

Honu 06-17-2010 10:43 PM

Quote:

Originally Posted by Riot (Post 659171)
How DARE Obama try to improve the health of our citizens! That's an impeachable offense, surely!

How dare he say he has the right tooo!!!!!!!!! If people want to live their lives like hogs and smoke and drink and eat KFC its their right . You dont even come close to getting what this means.....its now an order.
Why would you feel comfortable with anyone telling you jack squat about how to eat, drink and live ? Behavior modification is a pretty strong word and it could and might entail anything . I hope the first house they come to is yours and his order tells you what to eat and drink and how to live.

Riot 06-17-2010 10:48 PM

Quote:

Originally Posted by Honu (Post 659184)
How dare he say he has the right tooo!!!!!!!!! .

:zz: He is far from the first President to create a health council, or worry about the health of our citizens!

And Honu - it is not an "order", it is not "law" any more than the food pyramid is. Good lord.

Quote:

Behavior modification is a pretty strong word and it could and might entail anything . I hope the first house they come to is yours and his order tells you what to eat and drink and how to live.
Paranoid whacky talk. Geeshus, Honu, get a grip on reality. The President - any President - couldn't do that if he wanted to. Geeshus cripes.

Honu 06-17-2010 11:02 PM

Quote:

Originally Posted by Riot (Post 659188)
:zz: He is far from the first President to create a health council, or worry about the health of our citizens!

Ah but he is the first to use the words BEHAVIOR MODIFICATION!
Really know your history there has never been a president who has issued an excutive order concerning the way people live their lives.
There have been one's concerning war like George Washington , The Emmancipation Proclamation by good old Abe and Ike to desegregate schools.
There has never been a president issue an order that is so intrusive and a clear violation of our rights under the constitution.

They could do this.....


Congressional Recourse
If Congress does not like what the executive branch is doing, it has two main options. First, it may rewrite or amend a previous law, or spell it out in greater detail how the Executive Branch must act. Of course, the President has the right to veto the bill if he disagrees with it, so, in practice, a 2/3 majority if often required to override an Executive Order.

Congress is less likely to challenge EOs that deal with foreign policy, national defense, or the implementation and negotiation of treaties, as these are powers granted largely to the President by the Constitution. As the Commander-in-Chief of the armed forces, the President is also considered the nation's "Chief Diplomat." In fact, given national security concerns, some defense or security related EOs (often called National Security Directives or Presidential Decision Directives) are not made public.

In addition to congressional recourse, Executive Orders can be challenged in court, usually on the grounds that the Order deviates from "congressional intent" or exceeds the President's constitutional powers. In one such notable instance, President Harry Truman, was rebuked by the Supreme Court for overstepping the bounds of presidential authority. After World War II, Truman seized control of steel mills across the nation in an effort to settle labor disputes. In response to a challenge of this action, the Supreme Court ruled that the seizure was unconstitutional and exceeded presidential powers because neither the Constitution or any statute authorized the President to seize private businesses to settle labor disputes. For the most part, however, the Court has been fairly tolerant of wide range of executive actions
is is going to happen.

Honu 06-17-2010 11:08 PM

Riot read a lil about what an Executive Order is and what it takes to repeal one and tell me that it isnt a law.

joeydb 06-18-2010 06:07 AM

Quote:

Originally Posted by Honu (Post 659184)
How dare he say he has the right tooo!!!!!!!!! If people want to live their lives like hogs and smoke and drink and eat KFC its their right . You dont even come close to getting what this means.....its now an order.
Why would you feel comfortable with anyone telling you jack squat about how to eat, drink and live ? Behavior modification is a pretty strong word and it could and might entail anything . I hope the first house they come to is yours and his order tells you what to eat and drink and how to live.

:tro::tro:

dellinger63 06-18-2010 08:34 AM

why doesn't he first try it out on Congress, famliy and friends.

brianwspencer 06-18-2010 09:15 AM

Seriously, only absolutely paranoid Obama haters could construe this:


(c) contains a list of national priorities on health promotion and disease prevention to address lifestyle behavior modification (including smoking cessation, proper nutrition, appropriate exercise, mental health, behavioral health, substance-use disorder, and domestic violence screenings) and the prevention measures for the five leading disease killers in the United States;

as some kind of tell that there is a forthcoming storm of soldiers knocking at your door to check if you're smoking or drinking and what you're eating.

Considering that "behavior modification" is what has people foaming at the mouth here, I see you have a good point -- they're actually going to make a LIST of things that would make Americans healthier like exercise and eating well and not beating your wife and not abusing drugs, and they're going to put it an annual report to Congress. Whoa -- a list in a yearly report. Board up your houses and get your guns ready, guys, this one is for real! This is the one where our rights start to get trampled, when people make lists of healthy things and present them to Congress. I knew it was going to happen!

Yikes -- a very, very threatening list that just stinks of a socialist takeover and random government checks and enforcement on my eating habits.

Get a grip, people. This is why nobody takes the threads that actually might have some merit seriously, because a reaction to something like this just shows that this is not about actual concerns...but about weird paranoia that's not at all based in reality about Obama and his plans for the country.

It would border on comedy if it weren't so sad.

GBBob 06-18-2010 09:41 AM

To bitch about this and then to bitch about our pathetic health care system is hypocrisy at it's finest.

Pun intended..you can't have your cake and eat it too

Coach Pants 06-18-2010 09:45 AM

Quote:

Originally Posted by GBBob (Post 659297)
To bitch about this and then to bitch about our pathetic health care system is hypocrisy at it's finest.

Pun intended..you can't have your cake and eat it too

We can for now. It is still America.

joeydb 06-18-2010 10:24 AM

Quote:

Originally Posted by GBBob (Post 659297)
To bitch about this and then to bitch about our pathetic health care system is hypocrisy at it's finest.

Pun intended..you can't have your cake and eat it too

In Obama's America, you can have cake that someone else paid for...the sucker who paid for it gets less.

dellinger63 06-18-2010 10:49 AM

Quote:

Originally Posted by GBBob (Post 659297)
To bitch about this and then to bitch about our pathetic health care system is hypocrisy at it's finest.

Pun intended..you can't have your cake and eat it too

Since I want less government in everything my bitch about this administrative/waste-of-money nightmare is consistent with my thinking our health care system is one of the best in the world and what will be the new Obama health care system will be pathetic. Save the speeches of not smoking, eating healthy etc. It's common knowledge and would be a huge waste of time and taxpayer money.

Luckily I've never had a taste for cake or government cheese. :)

Honu 06-18-2010 01:23 PM

Quote:

Originally Posted by brianwspencer (Post 659296)
Seriously, only absolutely paranoid Obama haters could construe this:


(c) contains a list of national priorities on health promotion and disease prevention to address lifestyle behavior modification (including smoking cessation, proper nutrition, appropriate exercise, mental health, behavioral health, substance-use disorder, and domestic violence screenings) and the prevention measures for the five leading disease killers in the United States;

as some kind of tell that there is a forthcoming storm of soldiers knocking at your door to check if you're smoking or drinking and what you're eating.

Considering that "behavior modification" is what has people foaming at the mouth here, I see you have a good point -- they're actually going to make a LIST of things that would make Americans healthier like exercise and eating well and not beating your wife and not abusing drugs, and they're going to put it an annual report to Congress. Whoa -- a list in a yearly report. Board up your houses and get your guns ready, guys, this one is for real! This is the one where our rights start to get trampled, when people make lists of healthy things and present them to Congress. I knew it was going to happen!

Yikes -- a very, very threatening list that just stinks of a socialist takeover and random government checks and enforcement on my eating habits.

Get a grip, people. This is why nobody takes the threads that actually might have some merit seriously, because a reaction to something like this just shows that this is not about actual concerns...but about weird paranoia that's not at all based in reality about Obama and his plans for the country.

It would border on comedy if it weren't so sad.

Im glad it doesnt bother you even a little bit that way if you do something in your lifestyle that needs modifying you wont have a problem with uncle sam changing it for you . I dont hate Obama, I just really despise his policies , no time in history has a president ever used the words "Behavior Modification"
And if its all cool with you then maybe you should offer yourself up as the first person who would like to have their behaviors modified. :D

brianwspencer 06-18-2010 02:32 PM

Quote:

Originally Posted by Honu (Post 659358)
Im glad it doesnt bother you even a little bit that way if you do something in your lifestyle that needs modifying you wont have a problem with uncle sam changing it for you . I dont hate Obama, I just really despise his policies , no time in history has a president ever used the words "Behavior Modification"
And if its all cool with you then maybe you should offer yourself up as the first person who would like to have their behaviors modified. :D

I would certainly have a problem with that -- thank goodness that there is NOTHING at all in there that could possibly be construed in that way unless you're going in trying to find a problem with it.

The other thing I have a problem with is that you somehow managed to get forced government behavior modification from that term being used in conjunction with a list being presented to Congress.

Not even close. When Obama's folks knock on your door to check if you're exercising or smoking, then come back here and let me know, and I'll defend you 'til I'm blue in the face. Because it's not happening, it's not going to happen, and nothing at all in the words you posted above could even remotely, reasonably be construed as anything close to that.

Honu 06-18-2010 02:41 PM

Quote:

Originally Posted by brianwspencer (Post 659380)
I would certainly have a problem with that -- thank goodness that there is NOTHING at all in there that could possibly be construed in that way unless you're going in trying to find a problem with it.

The other thing I have a problem with is that you somehow managed to get forced government behavior modification from that term being used in conjunction with a list being presented to Congress.

Not even close. When Obama's folks knock on your door to check if you're exercising or smoking, then come back here and let me know, and I'll defend you 'til I'm blue in the face. Because it's not happening, it's not going to happen, and nothing at all in the words you posted above could even remotely, reasonably be construed as anything close to that.

They wont come knock on the door , it will be way smoother and I bet Cass Sunstein will have some advice on how to make it happen . I see it as this maybe down the road after all the "scientific recommendations" and agencies with commitees get their stuff together they could say something like," Because this that and the other is bad for you if you dont stop your behavior we wont let you into our government health care program". Its called a nudge and its fundemental in behaivor modification.

brianwspencer 06-18-2010 03:52 PM

Quote:

Originally Posted by Honu (Post 659382)
They wont come knock on the door , it will be way smoother and I bet Cass Sunstein will have some advice on how to make it happen . I see it as this maybe down the road after all the "scientific recommendations" and agencies with commitees get their stuff together they could say something like," Because this that and the other is bad for you if you dont stop your behavior we wont let you into our government health care program". Its called a nudge and its fundemental in behaivor modification.

This is wacko conspiracy theorist stuff here, Honu. You're way brighter than this.

Rupert Pupkin 06-18-2010 04:14 PM

There are some areas where I have no problem with the government getting involved. In some states, the government is forcing restaurants to stop using dangerous oils in their foods. I believe that in California that McDonalds was forced to use a healthier oil for their french fries. I personally think that's a good thing.

Riot 06-18-2010 09:13 PM

Quote:

Originally Posted by Honu (Post 659202)
Riot read a lil about what an Executive Order is and what it takes to repeal one and tell me that it isnt a law.

Honu - you have previously posted that you think the President can make law all by himself. No. He cannot.


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