Tuesday, December 22, 2009

Health Care Nullification anyone?

A friend emailed me a very interesting link. The link is to The Tenth Amendment Center and they are talking about states nullifying the health care legislation when it passes. Lets face it; Obama and the Democrats have completely ignored the people’s feelings regarding health care reform. So why not give them a taste of their own medicine and completely ignore the bill once it passes?

We are a nation built on representative government, who was being represented when Dingy Harry was cutting all those backroom deals? Who was being represented when the Democrats completely shut out Republican and Conservative ideas throughout this entire debate?  The Democrats passed this bill for themselves. I say fine, let them enjoy it for themselves, we need not follow it. We are Americans, we should never have to beg or plead with our government.

Nullification – state-level resistance to unconstitutional federal laws – is the way forward.
When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as that state is concerned.
It’s peaceful, effective, and has a long history in the American tradition. It’s been invoked in support of free speech, in opposition to war and fugitive slave laws, and more. Read more on this history here.
Regarding nullification and health care, there’s already a growing movement right now. Led by Arizona, voters in a number of states may get a chance to approve State Constitutional Amendments in 2010 that would effectively ban national health care in their states. Our sources here at the Tenth Amendment Center indicate to us that we should expect to see 20-25 states consider such legislation in 2010.
20 States resisting DC can do what calling, marching, yelling, faxing, and emailing has almost never done. Stop the feds dead in their tracks.
For example, 13 states are already defying federal marijuana prohibition, and the federal government is having such a hard time dealing with it that the Obama administration recently announced that they would no longer prioritize enforcement in states that have medical marijuana laws.
Better yet, in the last 2+ years more than 20 states have been able to effectively prevent the Real ID Act of 2005 from being implemented. How did they do that? They passed laws and resolutions refusing to comply with it. And today, it’s effectively null and void without ever being repealed by Congress or challenged in court.
While the Obama administration would like to revive it under a different name, the reality is still there – with massive state-level resistance, the federal government can be pushed back inside its constitutional box. Issue by issue, law by law, the best way to change the federal government is by resisting it on a state level.
That’s nullification at work.  MORE
I say lets learn more about this idea. It is far better than sitting around until 2010 and paying all the obscene taxes on this bill.


Timeshare Jake said...

Don't you think the federal government at this point would just pay the state off though? I mean that's how we have gotten this far in the debate. We are winning public opinion but losing the federal financial battle known as the pay off--vote prostitution.

A better solution is an Article V Constitutional Convention. Read Article V today.

Spinsterpov said...

If it was a Constitutional amendment in the individual states, or even on the ballot in the individual states then Congress would not be able to buy us all off.

I like the idea of a constitutional convention, but if the Congress is currently ignoring one of our oldest amendments (the 10th) what makes us really believe they'll pay attention to a new one.

The health care bill needs some good, heavy constitutional challenges. I really believe we need to start challenging everything that Congress passes and force them all into a Constitutional review. Maybe, just maybe, if we do that enough they'll start doing it for themselves.

I posted the outline for a Congressional reform bill today. Please check it out and tell me what you think.

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