Tennessee governor signs health care freedom into law

BREAKING NEWS – From Tennessee Tenth Amendment Center state coordinator Lesley Swann:

On Friday, Gov. Bill Haslam signed the Tennessee Health Care Freedom Act (SB0079), making health care freedom the law of the land in Tennessee.  The Tennessee Health Care Freedom Act is a direct response to the passage of the Patient Protection and Affordable Care Act by Congress last year.

While SB0079 does not seek to nullify the federal law in its entirety, the goal of the new law is to ensure that Tennesseans are free to choose whether to participate in the federal plan, choose another plan, or not participate in any plan at all.

Details

How Can Congress Spend All that Money? – Part II

In a recent post, I explained that Congress obtains authority to spend money from its enumerated powers.  All of those powers inherently require some expenditures—at least to buy the pen and ink needed to write the laws.  Some powers, such as the power to “maintain a Navy” (Art. I, Sec. 8, cl. 13)  require expenditure of great deal of money.

In addition, the Necessary and Proper Clause (I-8-18) enables Congress to spend funds to carry out a power in ways customary at the Founding or reasonably necessary.  For instance, Congress may hire revenue officers to collect the taxes authorized by I-8-1 because such was Founding Era custom, and it may maintain IRS websites because such has become reasonably necessary for efficient tax collection.

The Constitution imposed several limits on taxes, of which two are important here.  First, Congress could tax only to raise funds to be spent “to pay the Debts and provide for the common Defence and general Welfare of the United States.”  (I-8-1).  During the Confederation era, there had been many cases of states discriminating against other states, even in conduct of the Revolutionary War.  As explained during the ratification debates, the General Welfare Clause was designed to ensure that taxes could not be imposed purely to benefit particular sections of the country or particular special interests.  The goal was to ensure that government spent money impartially—a goal inherent in the Founders’ belief that government was a public trust, subject to fiduciary standards.

Details

See You in New Hampshire (and Something for Michigan)

This Saturday I’ll be speaking at Nullify Now’s New Hampshire event, along with a bunch of very good speakers.  Get the details. For those of you in or around Kalamazoo, Michigan, there’s a free seminar on economics for high school students this Saturday.  Two Mises Institute scholars, Mark Brandly and Harry Veryser, are running it.  Details here.…

Details

My Prepared Testimony in Favor of the Oregon Firearms Freedoms Act

Here is the Testimony I am sending to the House Judiciary committee, I would encourage you all to send similar testimony to the same.  The email addresses are annola.dejong@state.or.us, as well as all the addresses in this piece I put out earlier http://oregon.tenthamendmentcenter.com/2011/02/hb2796-oregon-firearms-freedoms-act-to-do-list-revised/ .  Remember the members on this committee should be hearing from us often.  Once you have sent testimony, send emails, and call as well.

Distinguished Sirs/Madams,

I am writing to you in the hopes that you will pass the Oregon Firearms Freedoms Act.  The Federal govt. only has the authority contained in the text of the U.S. Constitution.  This plain fact is affirmed not only by the text of the document, but also by the quotes of the Founders at the ratifying conventions.  The fact that other versions (the “Virginia” Plan) or amendments (proposed by Madison),  which would have enlarged those powers, were specifically rejected.  The Tenth Amendment caps the powers of Congress, as those powers delegated – and reserves all powers not delegated  to the Federal govt., nor forbidden to the states, to the states (or to the people).

Details

Invasions to nowhere: Gingrich, the sequel, starring himself

EDITOR’S NOTE: Bernie Quigley will be a featured speaker at Nullify Now! New Hampshire. Get tickets and info here – http://www.nullifynow.com/newhampshire/ – or by calling 888-71-TICKETS

*******

The Hill’s observations on the Republican line up reveals inherent weakness in the Republican position going into 2012. It goes from damaged goods (Newt Gingrich) to a “blank slate” (Tim Pawlenty). But time is on their side. One would never guess that the country is actually experiencing a renaissance of creative governance with Bob McDonnell in Virginia, Bobby Jindal in Louisiana, Rick Perry in Texas and even Nikki Haley in South Carolina. Two issues: First, in politics, dinosaurs rule and The Tea Party has been commandeered by the likes of Dick Armey and Newt Gingrich, refried agent provocateurs from the Clinton age (visualize that: before Pokémon, before Kurt Cobain, before Y2K, 9/11 and the 21st century) – it will be nothing but a red neck howl if it continues following that cue and in short order will be “. . . in with the dust and gone with the wind.” The anti-government tenor in Congress today resonates much like the old Gingrich; Gingrich, the sequel, starring himself. At the time it seemed inspired essentially as personal invective against a President who lived below the usual threshold of adulthood. But Gingrich has outdone him. Worth repeating is the Chicago Tribune’s John Kass’s comment on Gingrich: “Is that the Constitution in your pocket or are you just happy to see me?”

Details

Did the Republic end in 1913?

The American Republic will endure until the day Congress discovers that it can bribe the public with the public’s money.”      ~ Alexis de Tocqueville

Did you know that you live in a nation that’s approaching it’s death-rattle-centennial? I bet you probably didn’t. Right in front of our very eyes the Republic was sold into the hands of the banking elites. Right underneath our noses our birthright was stolen. You might be asking yourself: “Ryan, what is so important about 1913?

First, one must examine Alexis de Tocqueville’s comment in reference to the death of the Republic. When de Tocqueville came to America, being privy to the politics and social conditions of his homeland of France, he wished to see what made America so special. His findings, after coming to America and examining our social and political lives, were recorded in his most famous writing: Democracy in America. In it, de Tocqueville discovered that Americans tended to be a very free people, a religious people and a people who were drawn to being in groups… or alliances. But his most dire findings were associated with our political system. He knew that America would perish if the politicians began to bribe the people with their own money. This was impossible until 1913.

Details

Just say “NO!” to unconstitutional federal overreach

State efforts to roll back the federal health care law have drawn increasing attention to the principle of nullification in recent months. And as state legislators realize they have a viable tool to fight unconstitutional federal overreach, they increasingly employ the idea to push back against other expansions of federal power, including TSA full body scanners, acts prohibiting medicinal marijuana, the Real ID Act, EPA regulations and federal gun laws.

James Madison said the states have a right and are duty bound to interpose when the feds overreach, and Thomas Jefferson called it, “the rightful remedy.” But what exactly is nullification? What are its origins and history? Can a states really declare a law unconstitutional, and null and void within its borders?

Details

Action Alert: Ask Governor Corbett to Uphold the Constitution

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.

Details