Missouri Stands on Tenth Amendment to just say NO to Obamacare – HB1534

The Missouri State House has introduced proposed legislation, sponsored by Representative Kurt Bahr, and co-sponsored by Andrew Koenig, which would allow for misdemeanor charges being filed against any state or federal official attempting to enforce or implement the federal Patient Protection and Affordable Care Act in the state. The legislation also makes plain Missouri’s view, summarizing that the act is considered unconstitutional as it exceeds “the powers granted to Congress under the United States Constitution. Therefore, it is not law and is altogether void and of no force.” The tone of the proposed legislation clearly shows Missouri is not at all happy with the mandate sent down from D.C.

“Null and void from inception” is an accurate way of describing an unconstitutional law inferring it has  no basis or authority within the Constitution for the United States allowing it to be even proposed for debate or voted upon by Congress. The summary text is stating this idea clearly by relaying  ” it is not law and is altogether void and of no force”

Text within the proposal itself specifically declares that Missouri considers Obamacare to be unconstitutional:


Kansas Health Care Freedom Amendment Heads to Senate Floor

Mary Pilcher-Cook Praises Judiciary Committee Action; Thanks Public for Attendance

Topeka, KS – On Friday, Feb. 3, 2012, the Kansas Health Care Freedom Amendment passed the Senate Judiciary Committee by a 6 to 4 vote. Originally introduced in the 2010 legislative session, the proposed constitutional amendment was adopted in 2011 by the Kansas House with a 91-27 vote, and this year, on Friday, the measure was forwarded by the committee to the full Senate for debate. Final passage of a constitutional amendment would require a two-thirds vote from the Kansas Senate. It does not need approval by the governor; instead, it would be placed directly on the November ballot for consideration by the voters.

Sen. Mary Pilcher-Cook (R-Shawnee), the chief sponsor of the amendment and who has spearheaded it through the legislative process, praised the committee’s actions.

To track health care freedom act bills from across the U.S., click HERE.

“I would like to thank my colleagues on the Judiciary Committee who took their legislative duty seriously to protect the health care liberty of Kansas citizens, and who voted to forward the Health Care Freedom Amendment to the full Senate, giving each senator a chance to be heard on this critical measure. I look forward to the debate and am optimistic we can achieve the required super majority,” she said.


Virginia Taking a Stand Against EPA

Virginia House Delegates Robert G. Marshall and Anne B. Crockett-Stark recently introduced  HB 27. The Residential energy efficiency standards exempts certain homes from federal cap & trade legislation,  and would limit the power of the EPA to set the standards for home construction in Virginia, as stated in the bill’s brief description.

Residential energy efficiency standards. Exempts any residential building or manufactured home in Virginia from being subject to federal legislation relating to residential energy efficiency standards if such building complies with the Statewide Uniform Building Code. Except to the extent required by the Statewide Building Code, the owner of such building or home cannot be required by the federal government to (i) have an energy efficiency analysis conducted on his residence, (ii) have his residence meet federal energy efficiency standards, (iii) participate in a building performance labeling program, (iv) make modifications to the residence in accordance with federal legislation, or (v) post a label showing the energy efficiency of his home prior to its sale. The bill also prohibits any state agency from assisting any federal agency in the implementation of global warming or climate change legislation.

We at the Tenth Amendment Center believe strongly in the wisdom and views of two of Virginias’ most respected statesmen on the duty of the  states under the US Constitution; “and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said  compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.”- James Madison, Virginia Resolutions, 1798;”whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force”Thomas Jefferson, Kentucky Resolutions, 1798