Interstate Compacts and the Tenth

Slate: The New Frontier in Anti-Obamacare Challenges: Interstate Compacts

At today’s final American Legislative Executive Council meetings — semi-annual sit-downs for conservative legislators — a number of experts pushed the concept of Interstate Compacts. It was, for most observers, a brand new idea. Diana Reimer, a Pennsylvania Tea Party activist who was attending the sessions this week, told me it was the most interesting new idea she’d heard.

So what is the idea? Several states — Arizona, Virginia, etc — have already passed Health Care Freedom laws that prohibit the states from complying in the health care mandate. According to Nick Dranias of the Goldwater Institute, that opens the door for states to form compacts that would supersede federal regulation.

“Take that existing framework,” Dranias suggested to a room of state legislators this morning. “Make any violation by anyone of those rights a criminal offense, pair up with a state that thinks like you on the same topics, make sure they criminalize any violation of those rights, and reach a compact. Lodge it with Congress. And then bring on the fight when the IRS comes in and tries to penalize people for not following the individual mandate.”

More here.

The idea of an Interstate Compact is also discussed in this Federalist Society Video, at around 55 minutes.

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Virginia judge rules health care mandate unconstitutional

From a report by CNN: U.S. District Court Judge Henry Hudson struck down the “individual mandate” requiring most Americans to purchase health insurance by 2014. The Justice Department is expected to challenge the judge’s findings in a federal appeals court. Hudson’s opinion contradicts other court rulings finding the mandate constitutionally permissible. “An individual’s personal decision…

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Supreme Muddled Thinking: Justice Breyer gets the 2nd Amendment Wrong

U.S. Supreme Court Justice Stephen Breyer demonstrated some typically muddled progressive reasoning on Fox News Sunday, contending the founders would have supported modern gun control laws and sided with the dissenters in the 2008 case D.C. v. Heller.

In a nutshell, Breyer says the framers (James Madison in particular) put the Second Amendment in the Constitution, but they didn’t really mean it.

He argues that the Second Amendment was included simply to ensure ratification of the Constitution, but that the framers didn’t really philosophically believe in protecting the individual right to bear arms.

He buoys his argument by claiming “most historians” agree.

“If you’re interested in history, and in this one history was important, then I think you do have to pay attention to the story,” Breyer said. “If that was his motive historically, the dissenters were right. And I think more of the historians were with us.”

As if Breyer really has any idea what “most” historians think.

But I digress.

In fact, Madison wrote in Federalist 46 that an armed citizenry provides a check against overreaching government. And any fair reading of the founders reveals a fear of centralized power and that they advocated for an armed citizenry to provide balance and protect liberty.

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Senator Wicker Introduces Restoring the 10th Amendment Act

Senator Roger Wicker (R-Miss.) introduced the Restoring the 10th Amendment Act and spoke about the legislation on the Senate Floor. Under the bill, any rule proposed by a federal agency would be subject to constitutional challenges if state officials determine the rule infringes upon powers reserved to the states under the 10th Amendment. “From harmful…

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