NDAA: The National Defense Authorization Act. As a Tenth Amendment Legal Analyst says, it has “scary potential.” The act was signed into law by President Obama on December 31, 2011. The most troublesome provision in NDAA are Sections 1021 and 1022, which allows for the President to detain any person deemed a threat, without a…Details
It appears likely that congressional Republicans are eventually going to accept a tax increase in exchange forreal spending cuts smaller spending increases in the future. If and when that happens, Speaker Boehner should surround himself with Santa Claus, the Easter Bunny, and the Tooth Fairy at the press conference on the deal.
I could spend days explaining my pessimism, but I’ll just point to two pertinent examples of Congress being unable to control itself. First, we have the so-called Medicare “doc fix,” which was adeptly explained by Reason’sPeter Suderman earlier this week. In 1997, Congress created a formula (“sustainable growth rate”) to constrain physician reimbursements. But shortly after the formula started to do what it was intended to, Congress got cold feet:Details
Ben Swann takes a look at claims by a Florida State Senator and what he thinks of those who believe in nullification
Presently, at least 17 states have chosen not to setup insurance exchanges with respect to the Patient Protection and Affordable Care Law, commonly cited as Obamacare, primarily because they fear that doing so would bankrupt their state and they remain convinced that it is a serious intrusion on their constitutional jurisdiction—even freedom. Some were among the 26 states that suede the Federal Government for exceeding its constitutional authority. They may not know that they have one constitutional check left to exercise if they but have the will.
Those who spend any time with the Constitution know that the federal government is limited to a list of specific areas wherein Congress can legislate (Art. I, Sec. 8) and if a wanted power is not on that list, or not added thereto by way of an amendment to the Constitution, they are prohibited from legislating therein. All other powers not provided in that document are left to the states and to the people as per Amendment 10 of the Bill of Rights. Checks and balances were created in an effort to keep the federal government from creating its own authority and taking over everything. The Founding Fathers saw going off the list and doing something not authorized as tyranny.
Senators were especially charged to protect state sovereignty, the list, and the 10th Amendment, but Progressives in the early 20th Century weakened that protection by ratifying the 17th Amendment, which favored a popular vote for this office rather than, as it was before, having Senators selected by state legislatures who were purposely far more state sovereignty centered. State power was thereafter left unprotected and measures clearly of state jurisdiction and unlisted, such as healthcare, got through the badly damaged shield and became law.Details
HARRISBURG, Pa. (Dec. 12, 2012) – The list continues to grow.
On Wednesday, Pennsylvania Governor Tom Corbett announced the Keystone State will not create a state-run health insurance exchange under the Patient Protection and Affordable Care Act.
Corbett cited a lack of answers from the federal government to questions involving the costs, impacts and flexibility of the state-run exchanges.
“Healthcare reform is too important to be achieved through haphazard planning. Pennsylvania taxpayers and businesses deserve more. They deserve informed decision making and a strong plan that responsibly uses taxpayer dollars,” Corbett said in a statement. “Therefore, I have decided not to pursue a state-based health insurance exchange at this time. It would be irresponsible to put Pennsylvanians on the hook for an unknown amount of money to operate a system under rules that have not been fully written.”Details
Most-read articles so far this month. 1. Michigan house votes 107-0 on NDAA Nullification, Matt Renquist 2. Press Release on Michigan House vote, Mike Maharrey 3. The Feinstein Fumble, Indefinite Detention Remains, Blake A. Filippi 4. Four and Counting, SC considers Obamacare Nullification, Kelli Sladick 5. Republican Florida Senate President Calls for Hangings of Opponents?…Details
Don Gaetz, president of the Florida state senate, recently responded to an attorney’s defense of Thomas Jefferson’s principle of state nullification of unconstitutional laws as follows:
Thank you for your email and for your passionate views.
Like you, I believe Obamacare is unconstitutional and wrong-headed policy. I have consistently voted in the Florida Legislature for legislation that affirms our state’s options, obligations and sovereignty under the United States Constitution. I am working every day to ensure the election of national candidates who will repeal and replace this extraordinarily bad policy.
As to nullification, I tend to favor the approach used by Florida’s first Governor, Andrew Jackson:
It is said that one evening, while he was president, General Jackson was interrupted in his reading in his bedroom by an alarmed military aide who breathlessly reported, “Mr. President, the “nullifiers” are in front of the Executive Mansion with torches and guns. They are screaming that each state has the right to decide for itself which federal laws to follow. They threaten to burn us down if you will not agree with them.”
Without lifting his head from his reading, Andrew Jackson said, “Shoot the first nullifier who touches the Flag. And hang the rest.”
Chaplain, I have sworn an oath on my father’s Bible before Almighty God to preserve, protect and defend the constitution and government of the United States. And that’s exactly what I intend to do. Count me with Andrew Jackson.
Senator Don Gaetz
A number of Floridians were up in arms about Senator Gaetz’s casual endorsement of firing on his own people. (Note that “firing on his own people” is a phrase we are permitted to use only in reference to foreign despots; anyone recommending such a course here is merely defending law and order.) The Southern Poverty Law Center, which is supposed to stay on the alert for cases of political extremism, uttered not a peep at this particular act of extremism. Probably just an oversight.Details
Christmastime myths are traditionally shared by millions of families across America and usually do no harm. There is one popular lore, however, that must be confronted once and for all: many still believe that Washington, D.C. is supposed to be Santa Claus, while the states are its worker elves.
The American system may be one of wonder and magic, but this common construction is just absurd. Or, at least, it would be absurd if not for the reality: the feds are constantly intervening as the welfare-warfare police-state, blindly believed to be a source of relief and generosity.
What has been the response to governors refusing to implement Obamacare exchanges? And to the voters choosing a different marijuana policy? Or to Texans legislating protections from the TSA? How about city councils not complying with NDAA indefinite detention? Calls of treason from the left and right have made the parable into conventional wisdom: resisting the central government is naughty, not nice.
“Stay in that assembled line states, just like good little elves so that Federal Santa can deliver the goods,” say the faithful masses.Details
LANSING, Mich. (Dec. 11, 2012) – With time winding down in the current legislative session, a bill that would prohibit state cooperation with any federal efforts to kidnap people and detain them indefinitely in Michigan cleared another hurdle Tuesday. The Senate Judiciary Committee unanimously passed HB5768 and referred the bill to the Committee of the…Details