This letter from the Pennsylvania Tenth Amendment Coaltion and Pennsylvania Tenth Amendment Center was hand delivered to Governor Corbett’s office today. The letter is also being circulated among grass roots activists throughout for follow-on submissions from around the state.
- The People have declared, through the November elections, that the Patient Protection and Affordable Care (PPACA) act reaches beyond the powers which have been delegated to our representatives in the federal government.
- 28 States, including Pennsylvania, have argued to the court that the act is Unconstitutional.
- 19 States, including Pennsylvania, are currently considering Health Care Freedom legislation.
- 11 States are currently considering the Tenth Amendment Center’s own Health Care Nullification legislation.
- Judge Vinson has ruled that the PPACA is Unconstitutional and void.
- The people, the states and the court are in agreement. The PPACA is Unconstitutional.
Yet, the federal government continues implementing the law! And so does Pennsylvania – Why is Governor Corbett continuing to implement an act which he, as Attorney General, affirmed to the court is Unconstitutional? As Michael F. Cannon at the Cato Institute notes, if we fail to protect our rights, it makes it easier for someone else (read, Washington, DC) to violate them.
Tea partiers and other conservative groups turned on House Republicans in a dispute over when the House would vote to cut off all ObamaCare spending. Where’s the outrage over the governors and state legislators that are eagerly pursuing that funding, actively implementing the law, and preventing judges from stopping implementation?
Here is the letter.
Now is the time. Governor Corbett needs to hear from all of us at once. The longer we wait to stand up for our rights, the harder it will be to reclaim them. The letter reads, as follows…
Dear Governor Corbett,
The Pennsylvania Tenth Amendment Coalition is writing in support of the 15 February 2011 letter addressed to you from the Americans for Limited Government regarding Judge Roger Vinson’s 31-January 2011 ruling (1). Further, we encourage you to follow through on the principles and courage you asserted when you were Pennsylvania Attorney General and joined the lawsuit in Florida that challenged the constitutionality of the “Patient Protection and Affordable Care Act” (PPACA). Given your track-record of principled leadership, we trust that you will concur with the following facts, circumstances and actions:
- Judge Vinson’s ruling declared as unconstitutional in full the federal PPACA signed by President Barack Obama on March 23, 2010, including but not limited to the 2010 Federal Affordable Health Care for America Act, HR 3962, associated amendments to HR 3950.
- Judge Vinson’s ruling was strongly amplified and further affirmed in his subsequent 3 March 2011 opinion based on the Obama Administration’s Motion to Clarify. PPACA is clearly unconstitutional and void.
- In addition to Judge Vinson’s ruling, the People and the States also declared their own verdict through the November elections and the number of Health Care Freedom Acts and Sovereignty Acts at the State level through the country. The People, the States and the Court are in universal agreement on the PPACA’s unconstitutionality and the offensiveness of this federal overreach.
- The administration has since refused to comply with Judge Vinson’s ruling. In a remarkable display of disrespect to the rule of law under the Constitution, the administration continues to act as if the People, the States and the courts have been silent. For example, a new regulation, “45 CFR Parts 144 and 147, CMS-9981-P, RIN 0950-AA20, Student Health Insurance Coverage,” (2) appeared in the Federal Register on Friday, February 11, ignoring the federal court ruling.”
- The Obama Administration has no authority to issue any regulations under an unconstitutional act. They have no standing to attempt to impose the regulations of a voided act on Pennsylvania or any other state. If they intend to continue issuing regulations, they should at a minimum seek a stay of Judge Vinson’s order.
We respectfully request that you, in your position of the chief executive of the state, Pennsylvania Attorney General Ryan and the Pennsylvania Legislature act immediately in two ways:
- First and foremost, Pennsylvania should take immediate action against the implementation of new regulatory processes under the PPACA. Under the Constitutional compact between States that created the Federal Government, the States have the right, the duty and a solemn obligation to intervene and interpose on behalf of their citizens when the Federal Government breaches the limited, enumerated powers under the Constitution. The Commonwealth of Pennsylvania has a duty to protect its citizens from the implementation of the PPACA. This should include declaring the PPACA as invalid, not recognized in Pennsylvania, and declared void and of no effect in this Commonwealth. The Commonwealth should adopt and enact any and all measures as may be necessary to prevent the enforcement of the PPACA within the limits of this State by officers of the State of Pennsylvania or those of the Government of The United States. Finally, the Governor, the State Courts, law enforcement, and administrative entities of the Commonwealth should pledge to support and enforce such measures.
- Second, please join other Governors and States Attorney General and ask Judge Vinson to find the U.S. Department of Health and Human Services in contempt for violating his ruling and seek an order to desist from any further actions relating to the unconstitutional act.
This State Action would be a principled stand to uphold the Constitution and the rights and liberties protected by the 10th Amendment of the US Constitution. Other States are leading the way, with Alaska Governor Parnell announcing on February 17 that, “We will not proceed down an unlawful course to implement this law. The court’s declaratory judgment that the federal health-care law is unconstitutional is the law of the land as it applies to Alaska.” Parnell said implementing the voided law would violate his oath.
Please proceed expeditiously on this matter, as adherence to the Constitution is of the utmost importance and your first duty. We look to your leadership and to supporting you in these actions.
Pennsylvania Tenth Amendment Coalition www.pathenth.com
Pennsylvania Tenth Amendment Center pennsylvania.tenthamendmentcenter.com
- The list of individuals has been omitted from web publication