Texas Moves To Nullify NDAA

House Bill 149 (LS: 83R) – Texas Liberty Preservation Act.

Website: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB149

HB149 is a Bill introduced in the Texas Legislative Process on Nov. 12, 2012, by its author (Rep. Lyle Larson) and currently sits at stage 1 (filed). The design of the Bill is to nullify portions of the National Defense Authorization Act (NDAA) implemented by the federal law. Specifically, sections 1021 and 1022 are being made invalid and illegal in the State of Texas. You can read the entire bill here: http://www.capitol.state.tx.us/tlodocs/83R/billtext/pdf/HB00149I.pdf#navpanes=0

Section (1) (b) (1) of the Bill lays out the constitutional groundwork of the findings that prompted the bill in the first place. It notes the limitations of the federal government under the 10th Amendment. It read:

(b) The legislature finds that:
(1) The Tenth Amendment to the United States Constitution authorizes the United States federal government to exercise only those powers specifically delegated to it under Article I, Section 8, United States Constitution;

Many people think that whatever the federal government creates as law it is the “supreme law of the land” but that is not true. Often the federal government creates laws that are thrown out because they go beyond the powers delegated to the government in the Constitution. Section (1) (b) (3) of the Bill makes this point eloquently clear. It reads:

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Maine’s Governor LePage Refuses To Implement Obamacare Exchanges

Maine Governor Paul LePage issued a letter yesterday to Kathleen Sebelius, Secretary of the Department of Health and Human Services, declaring that Maine will not implement the healthcare exchanges created by the Patient Protection and Affordable Care Act.

In the letter, Governor LePage stated:

Because the guidance issued in the August 13, 2012 request of the U.S. Department of Health and Human Services (HHS) is not legally binding, the State of Maine will not be submitting a Declaration Letter. Instead, this letter serves as the state’s position regarding this issue.

Since the ACA was signed into law, the State of Maine, along with several other states, has repeated on a number of occasions and we continue to believe that the law has severe legal problems, is bad policy, and overreaches into the lives and pocketbooks of fellow Americans.

This is not the first time that the Maine Governor has taken a stand against the federal legislation, better known as “Obamacare.” Back in July, he ignited a storm of controversy when he referred to the IRS as the “new Gestapo.” In addition to the remark, he also noted that the measure would “raises taxes, cuts Medicare for the elderly, gets between patients and their doctors, costs trillions of taxpayer dollars and kills jobs.”

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Ohio says no to health care exchanges

COLUMBUS, Ohio (Nov. 16, 2012) – Ohio has joined the growing list of states refusing to implement insurance exchanges under the Patient Protection and Affordable Care Act.

On Friday, Ohio Governor John Kasich sent a letter to the director of the Centers for Medicare and Medicaid Services Center for Consumer Information and Insurance indicating the Buckeye State will not take steps to set up the exchange.

“At this point, based on the information we have, states do not have any flexibility to build and manage exchanges in ways that respond to unique needs of their citizens or markets. Regardless of who runs the exchange, the end product is the same,” he wrote.

Kasich sent D.C. a bullet pointed list of items Ohio will not proceed with.

 

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A chat with the Ohio governor’s office on health care nullification

By: Ben Lewis, Ohio resident

In general, Ohio politicians are not a courageous bunch.

The decline from Robert Taft Sr., leader of the opposition to FDR’s New Deal, continues steadily and uninterrupted.  Because of this, I was not surprised this week when news began surfacing that current governor, Republican John Kasich, would permit the federal government to create a health care exchange in Ohio, contrary to the wishes of Ohioans who rejected the individual mandate with a state constitutional amendment  in 2010.

Being a good Tenther, I called Governor Kasich’s office and was transferred to one of his aides. She sounded like she had just gotten out of fifth period geometry.   I told her that I was interested to know what the decision would be on the health exchange, and that I was concerned about the reports I had read.  I was quickly assured that I would “be happy to know that he is going to let the federal government set up the exchange and force them to pay for it.”

As far as I can ascertain, the governor’s strategy is to force Washington to realize that they don’t have enough money to pay for the exchange in Ohio. I guess this is based on all the times in history when the federal government discovered it didn’t have enough money to fund a program and decided that it had to be abandoned.

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