Idaho Nibbles Away At Federal Health Care Act

How do you eat an elephant?

One bite at a time.

Last year, Idaho legislators attempted to nullify the Patient Protection and Affordable Care Act. With Idaho Secretary of State Lawrence Wasden vocally opposing the principle of nullification, efforts failed.

HO117, which declared the health insurance mandates in the federal health care act unconstitutional and would have prohibited Idaho from enforcing them passed the House 49-20, but died in a Senate committee. HO059, a broader health care nullification act, never made it out of a House committee.

With similar political dynamics in play in the Gem State this legislative session, opponents of federal health care act opted for a new tactic.

Call it nullification by degree.

Instead of attacking the PPACA in toto, Idaho representatives opposing the act seek ways to block its implementation.  For instance, the House will likely reject a $20.3 million U.S. Department of Health and Human Services grant designated for the creation of a state insurance exchange, according to an AP report. And HO530 would prohibit any law requiring disability insurance providers to cover abortion, sterilization or contraception, provisions the feds will require.

The Idaho House has already blocked other bits of the health care act. For example, lawmakers voted down a proposal to expand Medicaid to cover smoking cessation for pregnant women. And on Monday, the House Business Committee rejected a HO423, a provision that would have set standards for excessive, inadequate or discriminatory rates for small employer and individual insurance plans by a 9-6 vote. The provisions would have aligned state law with the federal act.

“We’re going on the defensive,” Rep. Vito Barbieri, (R-Dalton Gardens) told AP reporter John Miller. “We’re finding ourselves having to put out fires as they come up.”

On a more proactive note, HCR45 encourages private insurance companies to set up exchanges in lieu of government run exchanges.


Shahid Buttar summarizes the NDAA and how to resist it

by Farid Zakaria, Bill of Rights Defense Committee

In a recent interview with Michael Ostrolenk, a member of the BORDC board of directors and co-founder and national director of the Liberty Coalition, BORDC Executive Director Shahid Buttar summarized the dangers presented by the NDAA to the rule of law and democracy in the United States. He explained,

In 2011, Congress and the President included in the NDAA detention provisions that authorize the indefinite military detention without trial of anyone based on accusation… That authority can extend, does extend, in the bill to US citizens. It can particularly extend to activists, and dissidents accused of associational or speech crimes under a part of the Patriot Act that was upheld by the Supreme Court in theHumanitarian Law Project case. That’s particularly why we’re very concerned about the NDAA. In the wrong hands, it can essentially represent the end of democracy as we know it.



Bridging the Divide, Nullifying NDAA

Add to iTunes

Michael Boldin and Jason Rink hosted a show set for a task of bridging the gap between the political Left and Right. Would it, could it, should it be the NDAA issue that brings everyone together?

At the YouTube channel TomWoodsTV Tom Woods says Demand Progress, a liberal political action group, is very comfortable signing onto a coalition finding ways to nullify NDAA’s kidnapping provisions. And Bryce Shonka, Deputy Director of TAC led a conference call with Bruce Fein, Matt Shay, and Naomi Wolf TAC and Bill of Rights Defense Committee for the media. Shonka reports that “Two groups started off never having to work together before” and then putting “together a really good product.”

This very Tenther Radio Blog was being typed by Nick Hankoff when Host Boldin asked for an update on this tenther’s day so far. This writer just happened to take a tour of the Los Angeles branch of the Federal Reserve two hours prior.

Jason Rink has copies of the smash hit documentary film Nullification: The Rightful Remedy over at for per-order but you won’t have to wait if you pick up yours at Nullify Now! Philadelphia on March 31.

Robin Koerner, Huffington Post blogger responsible for the squeak of freedom on that site joined the show as the first guest. He says “people are so ready for what’s not just the Donkey-Elephant game.” Koerner quipped “Let’s try less Capitolism and more capitalism.”


To Some, the Tenth and Nullification is Taboo

With a quip typical of a main stream media talking head, Scott Keyes traversed some well worn turf in the article entitled “Strict Constitutionalist’ Ron Paul Endorses Nullification As A ‘Very Good’ Idea”. In the post, Keyes attempts to justify federal legislative oversteps by referring to any act of congress as “the supreme law of the land” and thus, are good to go.  He makes no distinction in this assertion for the sovereigns of the state, or the individual.

It’s sad really…

As the Constitution lays out the framework for our great republic, the first ten amendments guarantee that the government cannot encroach on, or take away our freedom and liberty.

Our natural rights.

You might recall those. We have been losing a lot of them lately.

He comes to this conclusion by referring to the test of the Constitution which “states clearly that acts of Congress “shall be the supreme law of the land…anything in the Constitution or laws of any State to the contrary notwithstanding”

Keyes interpretation of the constitutional passage show no regard for the Ninth or Tenth Amendments.


West Virginia steps up to the plate to block NDAA kidnapping

Momentum continues build against detention provisions in the National Defense Authorization Act.

Last week, lawmakers in a ninth state introduced legislation to block implementation of the act within state borders. West Virginia House Delegate Carol Miller (R-Cabell), along with five cosponsors, introduced HB4627. The bill would “amend and reenact §15-1-6 of the Code of West Virginia, 1931, as amended, relating to restricting certain aid to the Armed Forces of the United States by West Virginia agencies and employees that would place them in violation of the United States Constitution, the Constitution of West Virginia, any provision of the Code of West Virginia, any act of the Legislature or any rule in the West Virginia Code of State Rules.”

West Virginia’s liberty preservation act contains verbiage almost identical to Virginia HB1160, which passed that state’s Senate 39-1 on Tuesday. It would prohibit any agency, political subdivision or employee of the state, including the West Virginia National Guard, from cooperating or aiding the federal government in unconstitutional indefinite detention of U.S. citizens.

Earlier this week, Pres. Obama released a Presidential Policy Directive, which set forth procedures for implementing section 1022 of the NDAA. The directive makes clear Obama does not interpret the section to apply to “non-U.S. citizens.” Some supporters of NDAA detention argue this proves the language in the act poses no real threat. Tenth Amendment Center communications director Mike Maharrey disagrees.


Compassionate Use Act for Medical Cannabis Introduced in West Virginia

Delegate Mike Manypenny (D) has introduced a bill to allow the legalization of small amounts of marijuana by adults for medical purposes.

House Bill 4498 would amend the “Code of West Virginia, 1931, as amended, by adding thereto a new article, designated … all relating to creating the Compassionate Use Act for Medical Cannabis; providing for protections for the medical use of cannabis; limitations of article; prohibiting discrimination; authorizing addition of debilitating medical conditions; registration of qualifying patients and designated care givers; issuance of registry identification cards; affirmative defense and dismissal for medical marihuana; providing misdemeanor offense and  criminal penalties for disclosing certain information; and otherwise provides for the enforcement of this article

Language in the bill points out that “Alaska, Arizona, California, Colorado, Delaware, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, New Jersey, Oregon, Vermont, Rhode Island, Washington state and the District of Columbia, have removed state-level criminal penalties from the medical use and cultivation of marihuana.”

If passed this bill it would put West Virginia in conflict with federal laws asserting it is still illegal to use, buy and sell marijuana.


URGENT: Action Needed on NDAA Nullification in Virginia!

Virginia House Bill 1160 (HB1160), what many are calling the “NDAA nullification bill”, is in trouble – even after a big Senate vote in favor this week – with one final House of Delegates hurdle on Friday, March 2nd. This is a bill to require state noncompliance with the new “kidnapping provisions” of the 2012 National Defense Authorization Act – sections 1021 and 1022. A LOT of people want to see this bill die, not pass by a veto-proof majority.

Here’s the deal. The Tenth Amendment Center STRONGLY supports passage of HB1160, which is needed in the House right now to concur with the Senate’s vote this week. And we urge you to contact your Delegates tonight by phone and/or email to support passage of HB1160. You can find their contact information here:

Please strongly, but politely, encourage your delegate to support passage of House Bill 1160 immediately. A veto-proof majority will make sure that Governor McDonnell can’t play politics with the bill in pursuit of a VP slot on the 2012 national ballot!


The bill passed in the House 96-4. It then went to the Senate, which passed an amended version, 39-1.

The Senate amended bill says:

1. § 1. Notwithstanding any contrary provision of law, no agency or political subdivision of the Commonwealth, or employee of same acting in his official capacity, shall aid an agency of the United States in the unlawful detention of any United States citizen pursuant to 50 U.S.C. § 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-81, § 1021).

The House passed a version that says:


Utah Joins the Resistance Against NDAA Kidnapping

by Paul Joseph Watson, InfoWars

Utah has become the latest state to revolt against the indefinite detention provision of the National Defense Authorization Act (NDAA), introducing a resolution urging Congress to repeal the law that allows Americans to be incarcerated without trial.

Following in the footsteps of Virginia, which earlier this month passed a House bill that codifies noncompliance with the “kidnapping provisions” of section 1021 and 1022 of the NDAA, the resolution “expresses disapproval” of the same provisions, noting that they serve to “violate a right guaranteed by the United States Constitution and the Utah Constitution.”

“Be it further resolved that the Legislature of the State of Utah, the Governor concurring therein, urges the United States Congress to repeal or clarify Sections 1021 and 1022 of the 2012 NDAA to protect the rights guaranteed by the United States Constitution and Utah Constitution,” states the resolution (PDF).

The NDAA bill, which was signed into law by President Obama under the radar on New Years Eve while he was on vacation in Kailua, hands the government power to “allow the military to indefinitely detain terror suspects, including American citizens arrested in the United States, without charge.”


Sound Money Bills Advance in the States

On February 29th, Federal Reserve Chairman Ben Bernanke sat in front of his longtime nemesis, Rep. Ron Paul and testified on behalf of the Federal Reserve, attempting to justify the Fed’s monetary policy.  During the testimony, congressman Paul did something unusual.  He reached into his pocket and pulled out a United States minted silver eagle.  He then informed Mr. Bernanke that when he took over as Chairman of the Federal Reserve in 2006 that silver “dollar” would buy 4 gallons of gasoline, while today it would buy 11 gallons.  “That’s preservation of value” he informed the Chairman.  He’s right, and this exchange underscores two reasons why it is critical for states to restore use of constitutional tender (gold and silver specie.)

First of all, to “preserve the value” of each citizen’s money.  Mainstream media stories abound today predicting that gasoline will reach $6 per gallon this year.  Combine that with an expectation that one ounce of silver is expected to rise to$50 per ounce during that same time period and you can see a trend developing – continued devaluation of the dollar, and continued preservation of purchasing power by sound money.

The second reason states need to restore constitutional tender is Dr. Paul’s warning that “the Fed is going to self destruct” when its policies lead to the eventual loss of control over the national currency – Federal Reserve Notes.  When that happens, states that have not enacted sound money legislation will have no choice but to be subject to whatever the global banking establishment (IMF, BIS) decides the replacement will be.  And if recent history is to be heeded (Greece anyone?), that means the loss of national sovereignty for any nation placed within its jurisdiction.