New Hampshire: All Powers Not Delegated are Retained

The New Hampshire General Court will consider a Tenth Amendment Resolution during the 2012 legislative session.

HR25 affirms state powers as delegated by the U.S. Constitution and the New Hampshire Constitution respectively, and calls for nullification of unconstitutional acts.

Representative Daniel Itse (R-Fremont) serves as the primary sponsor. The resolution has eight co-sponsors.

The resolution begins with a pronouncement from the New Hampshire Constitution.

The Constitution of the State of New Hampshire, Part 1, Article 7 declares that the people of this State have the sole and exclusive right of governing themselves as a free, sovereign, and independent State; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in Congress assembled.

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Independence Institute submits brief to protect states from Obamacare bullying

II is submitting not merely one, but two separate brief to the U.S. Supreme Court opposing Obamacare. One will show why the mandate that individuals buy government-approved insurance is unconstitutional. The other shows that Obamacare’s Medicaid mandates inposed on states also are unconstitutional.

Both briefs are based on a powerful blend of the Constitution’s original meaning and modern Supreme Court jurisprudence.

I’ll post on the individual mandate brief later. The Medicaid brief, to be filed in just a few days, addresses a part of Obamacare overshadowed by the individual mandate—but just as damaging to our federal republic, and just as clearly unconstitutional.

Obamacare requires all states to greatly expand government health care within their states or lose ALL Medicaid funding—or at least a portion thereof to be set by the unguided discretion of the bureaucrats in the Department of Health and Human Services. Since federal Medicaid funds are a huge portion of all states’ budgets, the effect is to subordinate state fiscal policy to the whim of federal officials. This is clearly unconstitutional.

Here is what the brief demonstrates:

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New Jersey bill would decriminalize small amounts of pot

Legislation has been introduced in New Jersey that will decriminalize possession of 15 grams or less of marijuana, making it a minor offense basically on par with a speeding ticket. A1465  would establish various degrees of fines for possession of small amounts of cannabis, while removing the severe criminal penalties under the current N.J. law. Members…

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