Open Letter to Your State Legislature

EDITOR’S NOTE: The following is a letter from Maine TAC coordinator, Chris Dixon, to the the Maine Legislature. You can use this as a template to send to YOUR state legislators too.

To all those who are elected to serve the people of Maine, under an oath to stand for the Constitution,

When the Constitution was young in 1798, the Alien and Sedition Acts was passed, which featured a provision that made speaking ill of the government a crime. Kentucky, led by Thomas Jefferson, and Virginia, led by James Madison, helped pass nullification resolutions in opposition of the  unconstitutional legislation.  Fast forward five decades and multiple northern states took a stand to nullify the pro-slavery fugitive slave laws, federal legislation that demanded runaway slaves be returned to their owners. Flashback to just six years ago, when Maine led a nullification movement that now includes over half of the states in the Union against the REAL ID act.

The extended history lesson will be spared further, but take note of this. Recently, the Supreme Court upheld the Patient Protection and Affordable Care Act and defended the unconstitutional expansion of federal power. This came after multiple colleagues of yours indicated, while refusing to support Representative Aaron Libby’s Obamacare nullification bill, that it was not viable and that it was a better route to take this to the Supreme Court. This, while knowing that SCOTUS ‘ record on decreasing federal powers is terrible, became the dominant view.

The court, as history suggested it would, let the Constitution down and voted to uphold an expansion of federal powers. After all that wasted time and money, we now stand at a critical point. President Barack Obama was just delivered a victory and one he surely ride into November, and if his reelection stands, the court could swing more against the Constitution. Will the court save us then?

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Two and Counting: New Jersey to Consider Obamacare Nullification

On the heels of a recent announcement that Oklahoma State Representative Mike Ritze would be introducing legislation to nullify the Affordable Care Act, New Jersey Assemblywoman Alison Littell McHose (R- Sussex) has verified with the Tenth Amendment Center that she has a bill pending which would do the same.

Assembly Bill 861 (A861) would “Render the federal “Patient Protection and Affordable Care Act” null and void in New Jersey”

In a statement to the Tenth Amendment Center, McHose indicated that trusting the federal courts to fix federal problems isn’t working. She said, “Americans were always misguided to trust the good intentions of the unelected Court. The Court being the failsafe of the establishment.”

A861 not only addresses 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. It includes the following:

“The assumption of power that the federal government has made by enacting the ‘Patient Protection and Affordable Care Act’ interferes with the right of the people of the State of New Jersey to regulate health care as they see fit, and makes a mockery of James Madison’s assurance in Number 45 of the Federalist Papers that the “powers delegated” to the federal government are ‘few and defined,’ while those of the states are ‘numerous and indefinite.’”

The New Jersey Nullification Act also has teeth. It continues:

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Will Texas Nullify Obamacare?

Last Monday, Texas Governor Rick Perry sent a letter to Secretary of Health and Human Services, Kathleen Sebelius stating that Texas will not participate with the Patient Protection and Affordable Care Act (PPACA, also referred to as Obamacare).  He states that Texas will not implement the health benefit exchange or expand Medicaid

In his letter, he made the following statement:

Neither a “state” exchange nor the expansion of Medicaid under the Orwellian-named PPACA would result in a better “patient protection” or in more “affordable care.”  What they would do is make Texas a mere appendage of the federal government when it comes to healthcare.

During an interview with Fox News, Perry also stated the following:

I can assure you that Texas and other states would find more effective, efficient ways to deliver healthcare to their citizens and do it in a way that preserves those individual freedoms.

During the same interview, when asked about the high number of Texas Residents without insurance even with a strong economy in Texas, Perry responded:

The idea that this federal government, which doesn’t like Texas to begin with – to pick and choose and come up with some data that says somehow Texas has the worst healthcare system in the world is just fake and false on its face,” he said. “Every Texan has healthcare in this state, from the standpoint of being able to have access to healthcare – every Texan has that. How we pay for it, and how we deliver it, should be our decision – not some bureaucrat in Washington D.C. that may have never been to Texas a day in their life.

Perry joins a list of eighteen other governors vowing stopping the implementation of the PPACA.  Among this list are Louisiana Gov. Bobby Jindal, Wisconsin Gov. Scott Walker, Florida Gov. Rick Scot and Democrat Governor from New Hampshire, John Lynch.

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A Taxing Decision

Michael Savage, citing a doctor’s opinion, mused that Supreme Court Justice John Robert’s lead role in declaring obamacare “constitutional” could be blamed on the medications he takes for his epilepsy. Now that’s a stretch. But here’s a bigger stretch: that obamacare is even remotely “constitutional” because its driver is taxation which, as we all know, the federal government has abused for decades and can now, according to this ruling, be used as a club on Americans for practically any purpose and on any object it deems worthy of federal attention.

Article 1, Section 8, Clause 1 of the U.S. Constitution is known as the “taxing and spending clause.” It gives the federal government the power to levy taxes. But levy taxes for what purpose?

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