Judicial Legislation or Activism at Its Worst

With respect to the Supreme Court’s ruling on National Health Care, Justice Anthony M. Kennedy said that the court majority “regards its statutory interpretation as modest. It is not.” Then, noticeably disturbed by the ruling, added. “It amounts to a vast judicial overreaching. It creates a debilitated, inoperable version of health care regulation that Congress did not enact and the public does not expect.” He called it “judicial legislation” and accused Chief Justice John Roberts of trying to “force on the nation a new act.”

Judicial activism is when a law of Congress is interpreted by the Supreme Court in such a way as to give it new meaning. George Washington warned us in his Farewell Address of the inclination of government to do so. “Let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed.” Usurpation, in his day meant twisting things around to extract meaning that was initially not there.

So, what did Justice Roberts twist or legislate that changed the National Affordable Healthcare Act (Obamacare) as passed by Congress? At the top of the list, his rewrite called it a tax when Congress never passed it as a tax, and the political party passing it, along with their President, Barack Obama, emphatically resisted any description of it as such. Rich Lowry, a political commentator, said it best. “Obamacare as passed by Congress had a mandate to buy health insurance and a penalty for failing to comply.


Rick Perry Grandstands Against Obamacare

Texas Governor Rick Perry announced last week that he will not comply with Obamacare; he refuses to expand Medicaid and will not establish a state-run health insurance market exchange.

Rick Perry is grandstanding because he has failed to protect Texans from the threat of the new IRS enforced “tax” against people who decline Obamacare.

Oklahoma State Representative Mike Ritz plans to introduce legislation that does protect the states’ citizens because it authorizes Oklahoma’s Attorney General to defend citizens who fail to purchase insurance against the federal government, and it criminalizes enforcement of the individual mandate.

The proposed Oklahoma bill is based on model legislation from the Tenth Amendment Center, the ‘Federal Health Care Nullification Act’.

Although Bilderberger Rick Perry pretends to be a conservative and constitutionalist, his opposition to Obamacare is a lightweight effort that fails to protect individuals.

Nonetheless, it is still helpful in the movement to nullify Obamacare.  If states refuse to set up insurance market exchanges, the federal government says it will implement the insurance exchange for them.  However, Michael Boldin of the Tenth Amendment Center said, “if the federal government had the resources to do this in the first place, states wouldn’t even be part of the equation.  It is unlikely that that the feds have the funding to do this, and they’ll need the complicity of the states to pull it off.”

Perry’s weak refusal is a step in the right direction, but it doesn’t go far enough because the people will still be subject to IRS tax penalties and massive new taxes that will be required to fund the Obamacare monstrosity.


The Anti-Federalists were right

The Founders of our country established a republic, and many warned of the natural tendency of a central government to grow in size, scope, and power, at the expense of individual liberty. Well, it’s been 236 years, but here we are.

Readers at the middle-age, or well-done stages of life, will remember a time when you didn’t have to think about the federal government, and its laws that concern the activities your mom used to nag you about as a kid. In fact, you probably trip over several felonies simply by going about your daily routine as a responsible adult.

The Anti-Federalists lost the argument about whether or not to establish a central government in the 1780s , but the 236 years since proved them right.  Here’s what they had to say:


The Affordable Care Act, Obamacare, has nothing to do with health, or medical care.  It’s about power–power over every aspect of your life: your diet, your activities, where you live, and yes, if you live, when you’re unfortunate enough to get sick.


Get the Feds Out of the Rail Racket

The California Senate’s recent vote to authorize $8 billion for the first segment of a widely panned plan for high-speed rail is another example of why the state remains on fiscal suicide watch. And because federal taxpayers are on the hook for $3.2 billion of the plan’s cost, it’s another example of why the federal government should not be subsidizing rail projects.

If California’s voters and the officials they elect want to blow the state’s taxpayers’ money on high-speed rail, then so be it. But taxpayers in the other 49 states shouldn’t be on the hook. Likewise, Californians shouldn’t have to subsidize rail projects in the other 49 states. Indeed, the federal Department of Transportation acts like a money laundering operation: money taken from each state’s taxpayers goes to Washington, gets “washed” on Capitol Hill, and then gets sent back to the states (minus a cut for the bureaucracy) as directed by the Beltway bosses.

Take, for example, Rep. Don Young’s (R-AK) “railroad to nowhere,” which was featured on Politico last week:



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The key to advancing the cause of liberty is activism. Organizing is hard and often thankless work. But – there are those willing to dedicate their time and energy. They put aside their time for freedom….for all of us.

Tonight, we talk with one of our best young activists in the country, Maine Tenth Amendment Center chapter coordinator, Chris Dixon. Chris has been making inroads and connections with groups often not interested in liberty..and we hear a little about what makes up his secret sauce.

During the news segment of the show, the hosts discussed New Hampshire passing a law protecting jury nullification.  Lesley Swann described jury nullification as, “It offers juries the opportunity to judge not only the facts of a case …but actually the jury can judge the law, and they can choose in specific cases set aside the law.”


California: Nullification is the Rightful Remedy

After the recent “TAX” ruling from the Supreme Court, conservatives everywhere are calling on people to do what Founding Fathers like Jefferson and Madison advised – look to our states to protect our liberty against an out of control federal government (the courts too).

Filling in for Rush Limbaugh, the esteemed Dr. Walter E. Williams said “the states should nullify Obamacare”

An article in The American Spectator said the states are “our last best hope.”

And the National Review tells us that against Obamacare, “Governors and state legislators are the real heroes in this fight.”

If you want to learn about what you can do right NOW to follow this advice, don’t miss the TO Tea Party’s special event on July 17th. We’ll be hosting a free screening of the explosive new documentary film, Nullification: the Rightful Remedy.


The Washington State Health Care Freedom Act

Last year, the Washington State Health Care Freedom Act of 2011 was introduced in the Washington legislature. Despite all the efforts of governor Gregoire paving the way for implementation of the health care exchange in our state, the fight is just beginning. You can help us by signing the petition in support of nullifying Obamacare.…


Can States Opt out of Unconstitutional Federal Laws?

The U.S. Constitution requires that states remain a republic and gives the federal government authorization to mandate such (Art. IV, sec. 4), but does it work the other way? Can the states require that the federal government remain a republic and not turn into a socialist state? With the Affordable Care Act one seventh of the economy is turned over to the federal government.

Such is the question posed by Arizona in a new initiative for the November ballot. If passed it would give Arizonians two ways of ignoring federal law that exceeds the constitutional powers of the federal government as identified in the U.S. Constitution, either by vote of the Arizona Legislature with the signature of the Governor, or, by the people through a ballot measure. All other powers “are reserved to the States, or to the people,” as noted in Amendment 10 of the Constitution.

Arizona acknowledges the U.S. Constitution as “the Supreme law of the land” but will add to her state constitution language prohibiting the U. S. Constitution from being violated by any government, including the federal government.