Oklahoma State Rep to File Bill to Nullify Individual Mandate

By TAC Daily Updates on July 3, 2012 in Uncategorized

OKLAHOMA CITY – State Rep. Mike Ritze plans to reintroduce a bill to “nullify” the individual mandate in the 2010 federal health care legislation in Oklahoma.

“I disagree with the Supreme Court’s ruling and believe that state governments were intended to serve as a check on the federal government,” said Ritze, R-Broken Arrow. “The Patient Protection and Affordable Care Act, which is better known as ObamaCare, is an example of federal overreach and my legislation will authorize the state to resist it and ban the enforcement of it.”

Ritze said his legislation would authorize the Oklahoma attorney general to defend citizens who fail to purchase health insurance against the federal government and criminalizes the enforcement of the individual mandate.

“My hope is that ObamaCare will be repealed, but I do not think that means we have to wait for the repeal to happen. Oklahoma lawmakers should do what they can to support our choice to make our own health care decisions,” Ritze said.

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Nullify in YOUR state. Contact your state reps and urge them to introduce the Nullification Act NOW. Or push them to pre-file for the 2013 legislative session. They Need to hear from you early AND often!

Get the model legislation here
http://www.tenthamendmentcenter.com/legislation/federal-health-care-nullification-act/

EVENT: Oklahoma Rally for Healthcare Independence is July 7th. Get details here:
http://www.facebook.com/events/389073851141845/

press release via Axxion for Liberty

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80 comments

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BJohnson

Here's some points for Oklahoma to consider with respect to nullifying Obamacare mandate.

Regardless whether the corrupt federal government wants to call the Obamacare mandate a tax or a penalty, please consider the following disturbing information concerning activist justices, including Justice Roberts, who supported Obamacare. Regardless that Roberts referenced the Gibbons v. Ogden case in the Obamacare opinion, he seemingly ignored two key statements in the Gibbons opinion which clearly indicate, imo, that Congress has no constitutional authority to make legislation of any kind regulating public healthcare.

In fact, note that the first statement below clarifies, in a single sentence, that not only is public healthcare a state power issue, sovereign state powers to address public healthcare issues protected by the 10th Amendment, but also that Congress has no constitutional authority to regulate intrastate commerce; FDR's activist justices got the Commerce Clause wrong in Wickard v. Filburn.

"State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress." --Gibbons v. Ogden, 1824.

"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." --Chief Justice Marshall, Gibbons v. Ogden, 1824.

In other words, Congress cannot make laws to lay taxes or establish penalties in the name of intrastate public healthcare any more than it can make laws regulating 1st Amendment protected religious expression and freedom of press.

Here's two more excerpts from USSC case opinions which likewise indicate that Congress has no constitutional authority to make laws regulating intrastate healthcare. Note that Justice Barbour referenced the above excerpt from Gibbons in New York v. Miln, expanding it as follows.

"Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass." --Justice Barbour, New York v. Miln, 1837.

And before Constitution-ignoring FDR nuked the Supreme Court with activist justices, Constitution-respecting justices had again emphasized that Congress has no business sticking its big nose into intrastate medical practice.

“Direct control of medical practice in the states is obviously beyond the power of Congress.” –Linder v. United States, 1925.

Sadly, until the states decide to delegate to Congress via constitutional amendment the specific power to tax and spend in the name of public healthcare, the federal government's unconstitutional power grab concerning Obamacare is stalling the states from establishing their own healthcare programs, evidenced by Massachusetts' RomneyCare. Article V of the Constitution is the best kept secret of the unconstitutionally big federal government imo.

BJohnson

aoeuoeuaoe

trueparallels

@GSwaim @hihoze Nullification has consistently been struck down. Good luck with that, boss.

Shaughn_A

@MeganSmiles @tenthamendment Go #Oklahoma!

_BadCat

@stacyhyatt If all free states did this, marxist cash flow would take a hard hit...

stacyhyatt

@BadCat_CA_2 I wonder what Gov Bentley plans to do? #ALpolitics

_BadCat

@stacyhyatt Seems a potential there for resistance to HC. He's been a fair quiet governor, but his output seems positive so far...

AFLibertarian

@TriciaNC1 - Tnx 4 the RT

TriciaNC1

@AFLibertarian yw

JamesP.Delaney

Any idea yet as to the prospects for passage of his bill? And if the Gov. vetos it, are there the votes to override the veto? Yes, the introduction of the bill is a flicker of hope, but that's pretty much all that it is, I'm afraid. Might call Rep. Ritze to enquire about the bill's realistic prospects. That said, I am happy to see that many States have decided not to continue with implementation of Obamacare. That is a much more hopeful sign.

Michael Boldin moderator

@JamesP.Delaney Probably hard to tell this early, James. OK's legislative filing isn't until January 2013. But, it's good to see guys like Ritze on record in favor of nullification. Let's keep the ball moving forward until we see a groundswell of education and support in favor of these actions.

That - I believe - is how we'll get some passed around the country.

DarrellK

It is about time a state does something for the people.I'm tired of living where politicians are in it just for themselves!

romy811

@DarrellK If out of touch Americans can place another out of touch individual to be president of this great nation of ours, why can't conscientious Americans decide on what is good for the country. We choose the people to represent us in the government, but when they fail to do their job we should hold their feet to the fire or get rid of them. Why can't we, as Americans put this health care thing on the ballot. If the people says keep it, then let it stand, but if it's the other way around then toss it out.

SteveTheRawMan

@joshuamiller79 That nullification thing is cool, I betcha the feds will somehow try to stop it though :P

joshuamiller79

@SteveTheRawMan Of course they'll try... ...it's easy to crack down on 1 or 2 states but what if 20+ states do it?

SteveTheRawMan

@joshuamiller79 Can they nullify any federal law?

bordesonuuh3

@Darjeelingzen http://t.co/utbvuTsP

RagesFury

@SteveTheRawMan Yes. Fugitive Slave laws was such example I believe.

waynef2000

@Darjeelingzen 10th Amendment rules

SteveTheRawMan

@EricDBarry @Darjeelingzen @joshuamiller79 :-)

EricDBarry

@SteveTheRawMan @Darjeelingzen @joshuamiller79 Right there with y'all!

joshuamiller79

@Darjeelingzen I appreciate that.

Darjeelingzen

@joshuamiller79 I want you to know, that I do recognize & appreciate that you want to affect positive change for liberty. :-)

joshuamiller79

@Darjeelingzen I think I do see where you're coming from. And I need a while to think more about these two tweets: http://t.co/KEo9p2IE

Darjeelingzen

@joshuamiller79 That's not the kind of "power" I'm talking about; I'm talking about power of domination @stevetherawman

joshuamiller79

@Darjeelingzen Although some are corrupted, many can & do use power without being corrupted. Money, guns, cars, jobs, etc. @stevetherawman

Darjeelingzen

@joshuamiller79 And the fear/obedience to the State, that can make good people kill each other is not a lot of power? http://t.co/YyMvsqqF

Darjeelingzen

@joshuamiller79 Personally, I don't find consistent principles/ethics, "limiting" ... @stevetherawman

joshuamiller79

@Darjeelingzen I'm pretty sure that statement referred to the power of the one ring. That's A LOT of power. @stevetherawman

Darjeelingzen

@joshuamiller79 That program assumes that the State has *some* authority, *some* legitimacy when it has none;assumes State as necessary evil

Darjeelingzen

@joshuamiller79 But even if one adopts the program you suggest, they still do so w/o legitimate authority; they R a sham/imposter 4 liberty

joshuamiller79

@Darjeelingzen I do see where you're coming from. But, for better or worse, you are severely limited by your principles. @stevetherawman

joshuamiller79

@Darjeelingzen In theory a person could vote for bills that increase freedom, vote against all bills that decrease freedom. @stevetherawman

Darjeelingzen

@joshuamiller79 Did you ever watch/read, Lord of the Rings; the man who seeks to use power for good is consumed by its evil @stevetherawman

Darjeelingzen

@joshuamiller79 Because I'd be happy to burn that diabolical piece of paper I'd likely B expected 2 take an oath to defend. @stevetherawman

Darjeelingzen

@joshuamiller79 Because I have no business/right to make laws for, or represent another person w/o explicit consent. @stevetherawman

joshuamiller79

@Darjeelingzen Won't happen all at once like that. What could happen is making other options easier & allowing competition. @stevetherawman

joshuamiller79

@Darjeelingzen At least people like Ron Paul (& myself if I try this at some point) can use it as a platform for education. @stevetherawman

joshuamiller79

@Darjeelingzen But communists, fascists, socialists, etc have no problem using the aforementioned "3rd" step I mentioned. @stevetherawman

joshuamiller79

@Darjeelingzen Instead of waiting till you are forced to defend yourself in court why not defend everybody as a legislator? @stevetherawman

Darjeelingzen

@joshuamiller79 Just so long as we nullify the state, county and local authority over education too... @stevetherawman

Darjeelingzen

@joshuamiller79 It doesn't take much preparation, to make a public-persecuter look inept in a courtroom... @stevetherawman

joshuamiller79

@Darjeelingzen #Nullify federal involvement in #education this is an area the free market can (soon) provide a #PublicGood! @stevetherawman

Darjeelingzen

@joshuamiller79 With a little bit of legal study, you can get most traffic & tax cases thrown out too... @stevetherawman

Darjeelingzen

@joshuamiller79 You'd be surprised what a little acreage put into a non-profit trust can do for your personal independence @stevetherawman

joshuamiller79

@Darjeelingzen I'm for being as independent of govt as possible, but legitimate or not, ignoring reality doesn't change it. @stevetherawman

Darjeelingzen

@joshuamiller79 Yup. @SteveTheRawMan

Darjeelingzen

@joshuamiller79 I like the first two strategies, not so hot on the third... @stevetherawman

Darjeelingzen

@joshuamiller79 I don't condemn or blame you for wanting to try to make it fly... Buy as they say, "that dog don't hunt" @stevetherawman

joshuamiller79

@Darjeelingzen Major obstacle/problem when over 40% of U.S. homes receive some direct financial relief from the fed govt. @stevetherawman

Darjeelingzen

@joshuamiller79 Or U can do your best 2 make those bastards irrelevant to YOUR life & not pretend like any of it is legit... @stevetherawman

Darjeelingzen

@joshuamiller79 What keeps the State humming, is the propaganda and the educational system; w/o those it falls apart... @stevetherawman

joshuamiller79

@SteveTheRawMan This requires education, winning intellectual battles, & putting it to action within state governments. @darjeelingzen

Darjeelingzen

@joshuamiller79 Without their constitutional-propaganda B-S they would be seen for the petty tyrants they are... @stevetherawman

SteveTheRawMan

@joshuamiller79 @darjeelingzen u can try!

joshuamiller79

@SteveTheRawMan You have to grasp federalism, & the idea of duel sovereignty. Can use #nullification to decentralize power. @darjeelingzen

SteveTheRawMan

@joshuamiller79 @Darjeelingzen Agreed there too, if it exists, might as well try to limit it

joshuamiller79

@Darjeelingzen That's fun to imagine but whether the constitution is legitimate or not they have & will use their monopoly. @stevetherawman

SteveTheRawMan

@Darjeelingzen @joshuamiller79 Agreed, let's nullify the legislature!

Darjeelingzen

@joshuamiller79 Unless of course, the Constitution is of no legitimate authority, if the case then nullify EVERY LAW... :-) @stevetherawman

SteveTheRawMan

@joshuamiller79 True... Has it ever been done before?

joshuamiller79

@SteveTheRawMan The argument for Nullification depends heavily on being able to make the case that a specific law is unconstitutional.

Trackbacks

Four and Counting: Another State to Consider Obamacare Nullification « ACGR's "News with Attitude" says:

December 11, 2012 at 3:36 am

[...] Tenth Amendment Center has also confirmed both the Oklahoma and Maine legislatures will consider a similar bill for 2013. Rep. Mike Ritze (R-Broken Arrow) [...]
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December 11, 2012 at 1:44 am

[...] Tenth Amendment Center has also confirmed both the Oklahoma and Maine legislatures will consider a similar bill for 2013. Rep. Mike Ritze (R-Broken Arrow) [...]
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Three and Counting: Another State Considers Obamacare Nullification | 1776-solutions.com says:

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August 20, 2012 at 1:47 am

[...] State Representative Mike Ritz plans to introduce legislation that does protect the states’ citizens because it authorizes Oklahoma’s Attorney [...]
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July 24, 2012 at 1:09 pm

[...] Oklahoma State Rep to file bill nullifying individual mandate [...]
Rick Perry Grandstands Against Obamacare | Victors Post says:

July 11, 2012 at 5:59 pm

[...] State Representative Mike Ritz plans to introduce legislation that does protect the states’ citizens because it authorizes Oklahoma’s Attorney General to [...]
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July 11, 2012 at 2:04 pm

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Rick Perry Grandstands Against Obamacare - Rise of the Right says:

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WeAreChangeTV.US – Rick Perry Grandstands Against Obamacare says:

July 10, 2012 at 4:34 am

[...] State Representative Mike Ritz plans to introduce legislation that does protect the states’ citizens because it authorizes Oklahoma’s Attorney [...]
Oklahoma State Rep to File Bill to Nullify Individual Mandate – Tenth Amendment Center Blog « JHPPL News and Notes says:

July 7, 2012 at 9:11 am

[...] Oklahoma State Rep to File Bill to Nullify Individual Mandate – Tenth Amendment Center Blog. Share [...]
Oklahoma State Rep to File Bill to Nullify Individual Mandate « ACGR's "News with Attitude" says:

July 6, 2012 at 4:35 am

[...] And now… the rest of the story. ….. Share this:FacebookTwitterDiggStumbleUponRedditEmailPrintLike this:LikeBe the first to like this. from → Corruption, Criminal Activity, Executive, Government, Health Care, Health Insurance, Legislative, Patriotism, Police State, Progressives, Propaganda, Property Rights, Socialism/Communism, Sovereignty, States Rights, TAC, Taxation, U.S. Constitution ← Out-of-Control Executive Threatens Representative Government No comments yet [...]
Oklahoma State Rep to File Bill to Nullify Individual Mandate « Off My Front Porch-Conservative Ranting says:

July 5, 2012 at 9:17 pm

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Oklahoma moves to Nullify Obamacare! « The Libertarian Buddhist Blog says:

July 5, 2012 at 7:48 pm

[...] http://blog.tenthamendmentcenter.com/2012/07/oklahoma-state-rep-to-file-bill-to-nullify-individual-m… Share this:EmailFacebookTwitterPrintLike this:LikeBe the first to like this. [...]
State Rep. Mike Ritze to File Bill to Nullify Individual Mandate | Just Piper says:

July 5, 2012 at 6:40 pm

[...] 10th amendment [...]

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