Wednesday, April 21, 2010

Nullification


Looking for a way out of the "Forced Down Our Throats" Obamacare plan. States and citizens are acting. States are filing suit and citizens are starting to look at nulification.

REBELLION IN AMERICA
Health-care mandates could be 'null and void'
Citizens launch drive to put feds back in their constitutional place

A group of Americans who believe the federal government overstepped its constitutional bounds in passing the recent health-care legislation is rallying allies to a bold and controversial initiative: state nullification of the federal law.

"Now that health-care reform has been signed into law, the question people ask most is, 'What do we do about it?'" said Michael Boldin, founder of the Tenth Amendment Center, in a statement. "The status-quo response includes lobbying Congress, marching on D.C., 'voting the bums out,' suing in federal court and more. But the last 100 years have proven that none of these really work, and government continues to grow year in and year out."

Instead, the Center is reaching back into the history books to suggest states take up "nullification," a controversial measure that would essentially involve states saying to the federal government, "Not in our borders, you don't. That law has no effect here."

The Center is partnering with WeRefuse.com to announce release of model nullification legislation for states, called the Federal Health Care Nullification Act, and a call for 100,000 Americans to join a state-by-state petition to prompt legislators into action.

Now you can join nearly 15,000 Americans and 100 members of Congress in declaring your independence from Obamacare by signing Rep. Michele Bachmann's Declaration of Health Care Independence.

"Nullification will allow Americans to stop the overreaching federal government now, not years from now," said Trevor Lyman of WeRefuse.com in a statement. "We can make our biggest waves in local politics. Our state governments understand the impact of a vocal and irate minority, and they simply need to hear from us.

"WeRefuse.com and the Tenth Amendment Center's Federal Health Care Nullification Act give our state legislators their marching orders," he continued.

The question of whether nullification is a legal and permissible step, however, has been battled over since the ink was still wet on the U.S. Constitution.

The controversy stems largely from Article VI of the U.S. Constitution, which reads in part: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land."

Many scholars today point to the Article VI "Supremacy Clause" as evidence that federal laws (such as the health-care legislation) override state laws (such as any proposed nullification act).

But not so fast, say nullification advocates, pointing to a different interpretation offered by some of America's Founding Fathers, based on the phrase in Article VI that suggests only federal laws made "in pursuance" of the Constitution are supreme.

In 1788, Alexander Hamilton wrote to the people of the state of New York in Federalist No. 33, arguing that the yet unratified Constitution limited the Supremacy Clause to only constitutional acts, and that federal laws that strayed outside those bounds deserved to be treated by "the smaller societies," meaning states, as "usurpation."

"It will not follow from this doctrine that acts of the large society which are not pursuant to its constitutional powers, but which are invasions of the residuary authorities of the smaller societies, will become the supreme law of the land," he wrote (all italics in the original). "These will be merely acts of usurpation, and will deserve to be treated as such. … It will not, I presume, have escaped observation, that it expressly confines this supremacy to laws made pursuant to the Constitution."

Ten years later, when faced with the unpopular Alien and Sedition Acts of 1798, Thomas Jefferson and James Madison penned the Kentucky and Virginia Resolutions, respectively, which asserted that the Acts had infringed on powers reserved "solely and exclusively to the respective states" and were therefore "altogether void and of no force."

In 1822, the General Court of Massachusetts blasted a federal embargo as "usurpation" and "oppression."

Read the rest Here

State Congresses are even getting into the act of Filing suit.

Oklahoma lawmakers to sue over federal health reform

House Speaker Chris Benge and Senate President Pro Tempore Glenn Coffee, both Republicans, said they plan to sue the U.S. Congress, president and U.S. Secretary of Health and Human Services to prevent provisions of the act Obama signed into law last month from taking effect.

Their announcement follows the refusal earlier this month of Oklahoma Attorney General Drew Edmondson to join a multi-state lawsuit led by Florida's attorney general. Edmondson, a Democrat, said he would join the lawsuit if required by legislative action.

"Our concern is that the attorney general's effort would be lackluster, at best. We have an obligation to our citizens to challenge this unconstitutional bill, which will lead to unprecedented control of a large portion of the U.S. economy," Benge said in a statement. "The high taxes required in the law will be a burden that we cannot afford."

A resolution authorizing the legislative leaders to file the lawsuit and allowing Oklahoma residents to opt out of mandated health insurance is heading toward final passage.

Read the rest here

With all that going on, Democrats on the hill are still not happy with the power they have stolen from the people and are now attacking insurance companies directly.

Democrats seek greater control over health insurance rates

Legislation would allow federal regulators to step in to stop premium increases when state agencies fall short.

Congressional Democrats have begun pushing legislation giving government regulators greater authority to block big increases in health insurance premiums, kicking off what is expected to be a years-long process of revising and expanding their major healthcare overhaul.

The move, which comes less than a month after President Obama signed the healthcare legislation, is aimed at giving all states the power to stop premium hikes deemed excessive and allowing the federal government to step in if the states don't act.

"This is a gaping hole in our regulatory system, and it is unacceptable," Senate Health Committee Chairman Tom Harkin (D-Iowa) said Tuesday as he opened a hearing on the proposed change to the healthcare bill, the first since the legislation was enacted.

Responsibility for regulating insurers has traditionally fallen to the states, but insurance commissioners' ability to control rate hikes currently varies widely from state to state. Senior Democrats on Capitol Hill, backed by Senate Majority Leader Harry Reid of Nevada and House Speaker Nancy Pelosi of California, are exploring ways to standardize that authority.

Read the rest here

Do you need anymore proof that our congress is out of control? They have denied their oath of office and are looking to confiscate even more power. Now they wish to take state authority away.

When will any of these lawmakers actually read the constitution they have sworn to uphold?

This year may drag on forever as we wait to see the clash of epic proportion that ultimately will establish this country on the constitution it was founded on, or make it wholly and completely something different. A new and conservative congress can right the course and toss Obamacare or will the battle be in the courts?

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