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?
Thomas Jefferson once wrote in a letter that he found the view that the court is the top authority as wrong, for it would reduce us to an oligarchy. He later observed that the safest depository for the powers is in the people. These are the same people who delegate the authority to the government so it may exist, and the same people who put their faith in you to defend their interests, by voting for you.
How would he suggest we respond? How should we respond to Obamacare? Nullification. This is “the rightful remedy”, according to Thomas Jefferson, as written in the Kentucky Resolutions of 1798. James Madison, the “Father of the Constitution”, would write in the Virginia Resolutions of 1798 that it is the duty of the State to interpose when these violations occur.
Many of your colleagues have involved themselves in the spread of the anti-Obamacare rhetoric, and even the anti-Obama rhetoric in general. The federal takeover of the healthcare industry is bad and it’s a soundbite that works well with re-election campaigns in full swing. But do you believe it? If you do honestly, then there’s only one solution left: nullification.
Many of your colleagues also have involved themselves in the spread of anti-Obama rhetoric about this being the end. This is why everyone must unite around Mitt Romney, as the story goes, because everything could be game over if not. Do you believe this? if you do, then the only solution is to not wait until after the election to introduce legislation, but convene an emergency session of the legislature to enact it immediately.
But then again, this all could be just a simple election stunt. We’re going into November and in addition to votes, you require money to campaign for enough votes. It could be just rhetoric to feed your audience. If I’m wrong, however, then it’s your moment to prove it. The time is now to act. Are you prepared to stand for something?
I encourage you to do so, and if you have any questions about the topic, contact me at firstname.lastname@example.org. We can make this happen.
Thank you for listening and I look forward to the action you will take for the citizens of Maine.
Maine Tenth Amendment Center