Wednesday, March 17, 2010

Early signs of resistance to ObamaCare


As ObamaCare moves closer to possibly being passed, people are starting to get their defenses up.  Two stories out today show the early signs of resistance to the government’s take over of health care.

First we have Idaho enacting a measure that would require the state attorney general to sue the federal government if residents must buy health insurance.  Second, Virginia is has also passed a similar measure last week. 

Many are quick to point out that federal law takes precedent over state law and these cases are moot. However there are currently 37 states with similar measures pending. Should they all enact such measures we are talking about a whole new ball game.

While Democrats may have been careful in crafting their plans to Europeanize America, they completely overlooked the American spirit. Americans, unlike Europeans, have never known anything but freedom. There has been no dictators, monarchies or tyrants in our past. Like wild mustangs, we simply do not take well to being ridden. By foisting ObamaCare on us the Democrats are asking for a good bucking!

14 comments:

RightCoast said...

I think the 10th amendment presides over the feds.

Opus #6 said...

I think a free people take precedence over a bunch of tyrants in D.C.

Angie Lee said...

What RightCoast said.

Mike said...

Yes..RC and Opus#6 are both correct, if it isn't one of the fed's 21 enumerated powers, then the 10th kicks in. In case of health care, I don't remember seeing it mentioned in any of the enumerated powers in the Constitution.

As a matter of fact you can see what Thomas Jefferson wrote about this subject in The Kentucky Resolutions of 1798.

Here's a hint:

Jefferson began the Kentucky Resolutions by explaining the exact nature of the relationship between the new federal, or general government and the states that predated it:

“Resolved, That the several States composing, the United States of America, are not united on the principle of unlimited submission to their general government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general government for special purposes — delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: that to this compact each State acceded as a State, and is an integral part, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.”

These resolutions, authored by Jefferson and Madison, and passed by the Kentucky and Virginia Legislatures, came to be known as the Kentucky and Virginia Resolutions, or Resolves, of 1798. The ideas they expressed were later referred to as “The Principles of ‘98″.

Over time, “The Principles of ’98″ would be invoked by many states, for a variety of issues. States invoked them to oppose everything from unconstitutional embargoes in 1807-1809, to the misuse of their militias during The War of 1812, the Second Bank of the United States in 1825, and the Fugitive Slave Acts of 1850.

Thomas Jefferson’s Other Declaration

moon816 said...

hey clif, This is good news! people know it seems hopeless in DC, they can't win with all the arm twisting and bribery that's going on there, and this might be the only way to stop it!

Hack said...

Whatever we say goes. WE THE PEOPLE are their boss. If this ends up passing and put into law, I believe armed revolt is in order, and I mean that sincerely.

Clifton B said...

RightCoast:

Yes the 10th Amendment should apply. However, states has sat on their behinds so long that the 10th has lost much of its bite. Given the current make up of our Supreme Court I am not sure we have a clear victory.

Clifton B said...

Opus #6:

Only if we exert ourselves.

Clifton B said...

Angie Lee:

See reply to RightCoast.

Clifton B said...

Mike:

That is the way it is suppose to be. It is also suppose to be that bills being passed are actually read and voted on.

The current make up of Congress is simply not abiding by the rules. Therefore it will take a concentrated effort from the states to make them yield.

Clifton B said...

Moon816:

I think if ObamaCare passes, Tea Parties need to concentrate on pressuring the states to challenge the Feds.

Clifton B said...

Hack:

Armed revolt is not an option. The teeth behind the 2nd Amendment were taken out long time ago.

Mike said...

Clifton ...I hate to say it, but your exactly right my friend.

The Virginia AG has already sent a letter to Pelosi saying if they use the "deem and pass" rule they will sue and challenge it.

Then Idaho has just passed a bill that says if an insurance mandate is in the health care bill their citizens don't have to abide by that provision.

There are 37 states getting ready for such legislation.

Clifton B said...

Mike:

This is the only way to go. The states have long ago allowed their 10th Amendment rights to be circumvented.

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