Wednesday, April 22, 2015

Nullifying Obama-Care Ahead

12 States Have Bills to Nullify ObamaCare Entirely, Written by Larry Greenley on January 28 2011.

These twelve states with their corresponding bill numbers (with links to full-text) are: Texas (HB297), Montana (SB161), Wyoming (HB0035), Oregon (SB498), Indiana (SB505), Maine (LD58), Nebraska (LB515), Oklahoma (HB1276), Idaho (HB59), New Hampshire (HB26), South Dakota (HB1165), and North Dakota (SB2309).

These twelve bills would nullify the entire ObamaCare law because the “Patient Protection and Affordable Care Act” and “Health Care and Education Reconciliation Act of 2010” were not authorized by the Constitution of the United States. I've skimmed the full-text of these bills and it appears that only one, Indiana's, does not have a provision for criminal penalties for federal and state agents who would try to enforce the ObamaCare law within the subject state. So, nearly all of these twelve bills have enforcement "teeth."

With congressional repeal of ObamaCare probably still a couple years away, state nullification is the best strategy for immediately bogging down ObamaCare implementation in as many states as possible and maintaining momentum for the necessary changes in the 2012 congressional and presidential elections.

While it appears that we are on the way to having nullification bills introduced in 20 or more states within the next year, it is necessary to get as many as possible of the already-introduced bills passed. If only one or two states would pass their nullification bills, then the federal government would likely steamroller them into submission. However, if 10 or 20 states would pass ObamaCare nullification bills, then we'd have a whole new situation. It's hard to predict the course of events in this situation, but it would be a healthy first step toward restoration of federalism, where these states would be asserting their Tenth Amendment powers as parties to the compact that created the federal government in the first place. For more information on these topics, see "Nullifying Federal Nullification: Time for States to Stand Tall," my recent article "States Should Enforce, Not Revise, the Constitution!" and Thomas Woods' 2010 book, Nullification.

Send an email message in support of nullification of the entire ObamaCare law to your state representative, state senator, governor, lieutenant governor, and attorney general. If your state is one of the twelve listed above with nullification bills already introduced, make use of this information in your email message.


The difference between a convention and nullification is:

 

1. With nullification the Constitution is left intact. With a convention the Constitution is changed — and possibly even scrapped entirely.

 

2. Responsibility rests with the states with nullification. With a convention, the responsibility is passed off to a convention.

 

3. With nullification the end is known. With a convention it is unknown. Even the language of any proposed amendment is not formulated until the convention delegates are in session and debate the issue.

 

4. With nullification the elected legislature is sitting as the authority. With a convention no one knows who the delegates will be. One thing for sure, they will not be Madison, Hamilton, Washington, Jay, et al.

 

5. With nullification there are no amendments that need to be ratified. With a convention, should flawed amendments come through the process due to untoward influences on the delegates, a great deal of money and mass media support could cause the ratification of amendments that actually, although subtly, subvert the original intent of the Constitution. And not necessarily by three-fourths of the state legislatures. The amendments could instead be sent to special state ratifying conventions for the purpose of circumventing the legislatures. And the rules of ratification could even be changed by the convention.

 

Don't trust Congress to limit itself. Use a tool that states have had since their inception to stop federal tyranny. Unlike calling for a convention, states do not request anything from Congress.

 

The above was adapted from the May 2015 issue of The John Birch Society Bulletin. Dues-paying members receive this as a membership benefit.

 

Comments

Georgia and other states need to write and pass this Bill along with nullification bills to ban Excessive Immigration, EPA and HUD federal regulations and UN Agenda 21 implementation from the states.

Norb Leahy, Dunwoody GA Tea Party Leader

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