McHose reintroduces health care nullification bill in N.J.

New Jersey Assemblywoman Allison Littell McHose (R- Sussex) has resubmitted a bill that would nullify the Patient Protection and Affordable Health Care Act in the Garden State.

McHose proposed the legislation late in the 2011 legislative session, but it never got out of committee. The newly filed bill, A861, “renders the federal Patient Protection and Affordable Care Act, Pub.L.111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, Pub.L.111-152, and any federal rules and regulations adopted pursuant thereto, null and void and of no force and effect in the State of New Jersey.”

A861 not only voids the insurance mandate, the focus of most health care freedom legislation and legal action. It takes the next step and declares the entire act null and void within the state of New Jersey. The bill itself provides the rational for nullification, based on the Tenth Amendment.


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.


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:


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…


The Foundation of Sound Government

In Frederick Bastiat’s “The Law” he defines the principles for sound government. One of his premises he advocates is that man can only delegate to his government powers that he possesses. Since a man can not initiate force against another unless he is defending his life, liberty or property, he can not delegate to his government to the right to violate the unalienable rights of people living in a foreign state. A nation that initites force against it must be in the defense of their rights. Pre-emptive strikes are a violation of the principles of sound government.

Read what Frederick Bastiat had to say about the subject:

What Is Law?

What, then, is law? It is the collective organization of the individual right to lawful defense.

Each of us has a natural right — from God —to defend his person, his liberty, and his property. These are the three basic requirements of life, and the preservation of any one of them is completely dependent upon the preservation of the other two.


New York legislature considering amendment to guarantee health care freedom

In a state well known for its liberalism, disfunctionality and snail paced legislative progress, a proposed health care freedom amendment to Article 17 of New York State Constitution moved two steps forward toward a vote in the Senate last week. Originally introduced by Sen. James Seward (R – Oneonta) as S-7374 back in 2009, the…


Your State can Stop Obamacare

In late March, the Supreme Court will hear the Obamacare case. But are the courts our ONLY hope to stop this unconstitutional “law”? NO! – that’s what Thomas Jefferson and James Madison taught us. And on March 31st, just days after the hearings, we’ll be holding a special event in Philadelphia to highlight the fact that the states CAN and MUST stop DC! You’ll be educated and activated on how you can follow the founders’ advice to stop Obamacare – and every other unconstitutional act.

Nullify Now! Philadelphia – March 31, 2012

It’s time to celebrate our founding heritage in the place where the constitution was born!

Did you know that when the Feds pass unconstitutional “laws” like Obamacare, we don’t have to wait for new elections, or even the supreme court to stop it? There is another option…that we really can tell the Federal government “NO!” – the key is the 10th Amendment…


Firearms freedom act up for consideration in Kansas

The Kansas legislature will consider a firearms freedom act during its 2012 session.

HB2421 declares that, “a personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in Kansas and that remains within the borders of Kansas is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce.”

Rep. Connie O’Brien (R – Tonganoxie) and Rep. Jana Goodman (R – Leavenworth) introduced the bill on Jan. 9.

HB2421 would also make it a criminal offense (severity level 10 nonperson felony) for any agent of the United States government to attempt to enforce any federal regulation upon a firearm or ammunition covered under that act.

The bill rests on the foundation of the Tenth Amendment, correctly asserting that regulation of intrastate commerce is vested in the states.


The Education Vortex

America touts the best educational system in the world – our federal government, at least, spends a good deal on education ranking second behind Switzerland on money per child– an average of $91,700 per student in the nine years between the ages of 6 and 15 according to “Losing the Brain Race” by Veronique de Rugy   ( March 2011). Unfortunately, our children’s academic success does not correlate with the money that is spent; while we are second in spending, America’s students rank in the mid-range for all major academic areas; de Rugy states, “ we spend one-third more per student than Finland, which consistently ranks near the top in science, reading, and math… During the last 40 years, the federal government has spent $1.8 trillion on education, and spending per pupil in the U.S. has tripled in real terms. Government at all levels spent an average of $149,000 on the 13-year education of a high school senior who graduated in 2009, compared to $50,000 (in 2009 dollars) for a 1970 graduate.”

Poor academic showing is not the only consequence of our federally governed education system, however. We have also suffered a great loss of liberty in that schooling is compulsory, curriculum is designed and distributed by publishing companies with deep ties to the government itself, and parents have been left with no say in what is happening to their children, and treated as though they are not qualified to criticize or question the system that is so very flawed. The government would like us to believe that we need more “funding” to fix the broken system. “We have tried spending more money and putting more teachers in classrooms for more than a generation, with no observable improvements to anything except the schools’ bottom lines,” states de Rugy. “If reform is to be defined by something other than the amount of money flushed down the toilet, it is time to reverse the flow of power from the top (administrators, school districts, teachers unions, governments) to the bottom ( students , their parents, and taxpayers who want their money spent wisely).”


New Jersey legislature considering health freedom amendment

The New Jersey legislature will consider a bill proposing an amendment to the state Constitution prohibiting State or federal law from compelling a person to obtain, provide, or participate in a health care coverage plan.

ACR42  is sponsored by Assemblywomen Alison Littell McHose (R), Assembleman Gary R. Chiusano (R), and Assemblyman John DiMaio (R). The Senate version (SCR23) is sponsored by Michael J. Doherty (R) and has six cosponsors.

ACR 42 proposes to amend Article I of the Constitution of the State of New Jersey by adding a new paragraph 23: “To preserve the freedom of the people of New Jersey to provide for their health care, no State or federal law or regulation shall compel, directly or indirectly, any person to obtain health care coverage, any employer to provide health care coverage to its employees, or any health care provider to participate in any health care coverage plan or program”