Mike Maharrey Interview on Elections, ACA and NDAA Nullification and Hypocritical Politicians

Tenth Amendment Communications director Mike Maharrey talks with Jim Roveniski on the Tea Party is Dead podcast.

Mike and Jim discuss the November elections, jury nullification, hypocritical politicians, health care act and NDAA detention nullification and range of other topics.

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Will Nullification Play a Role in the Next Legislative Session?

With this past weekend’s actions of the North Carolina GOP Executive Committee, the state’s Republican leadership have been put on notice by grassroots party officials from across the state who expect them to declare their intentions on returning any federal monies requested and accepted by Gov. Perdue.

The Resolution and the overwhelming vote makes a clear statement that the Patient Protection Affordable Care Act’s healthcare exchanges are not welcome in North Carolina, and it is the position of the majority of the county and state leadership that the PPACA, otherwise known as Obamacare,is not needed in our state.

We at the Tenth Amendment Center wish to commend the NC GOP Executive Committee on their stand on Obamacare monies. We would urge them to join us in requesting the first order of business in the 2013 session of the State Legislature would be the introduction and passage of the Federal Health Care Nullification Act making Obamacare “null and void” in North Carolina.


The Federal Health Insurance Law Remains Vulnerable

by Christina Sandefur, Goldwater Institute

Last week, Pennsylvania became the 24th state to opt out of a state-funded health insurance exchange, declining to foot the bill for overreaching federal policies. One by one, states are learning that state-funded exchanges–which come with hefty price tags but zero flexibility–are a bad deal.

But there’s another reason states shouldn’t rush to set up exchanges: the legal fate of the federal health insurance law is still up in the air. In addition to the Goldwater Institute’s lawsuit challenging Congress’s unconstitutional delegation of power to the Independent Payment Advisory Board, courts across the country will hear new legal challenges to the law next year. Here are a few of the major lawsuits to keep an eye on:

Sissel v. U.S. Department of Health and Human Services

Although the Supreme Court last summer characterized the penalty for Americans who do not purchase government-sanctioned health insurance as a tax, it may be an unconstitutional tax. That’s because the Constitution requires all “bills for raising revenue” to “originate in the House.” By restricting tax bills to the branch of Congress closest to the people, the House of Representatives, the Framers intended to safeguard the people from this potentially dangerous power. But the federal health insurance law originated in the Senate–not the House–in direct violation of the Origination Clause. The Pacific Legal Foundation is leading this challenge in federal district court in Washington, D.C.