On Monday February 4, 2013, Patrick Anderson [Senator, District 19] will have the First Reading of  SB 93.  This Bill is a direct frontal assault to the Patient Protection and Affordable Care Act, as well as the Health Care and Education Reconciliation Act of 2010.  SB 93 is based The Tenth Amendment Center’s model legislation for nullification, and would be a powerful deterrent if enacted.

When a piece of legislation begins with:

“1. The people of the several states comprising the United States of America created the federal government…”

Is then followed by:

“2. The Tenth Amendment to the United States Constitution defines the total scope of federal powers……”

And buttressed with:

“3. The assumption of power that the federal government has made by enacting the “Patient Protection and Affordable Care Act” (Public Law 111-148, March 23, 2010) and “Health Care and Education Reconciliation Act of 2010″ (Public Law 111-152, March 30, 2010) is nowhere expressly granted by the United States Constitution and interferes with the right of the people of the State of Oklahoma to regulate health care as they see fit.”

Then concludes:

“2A.  The Legislature of the State of Oklahoma declares that the federal laws known as the “Patient Protection and affordable Care Act” (Public Law 111-148) and the “Health Care and Education Reconciliation Act of 2010″ (Public Law 111-152), signed by President Barack Obama on March 23 and 30, 2010, are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the founders and ratifiers, and are hereby declared to be invalid in the State of Oklahoma, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.”

,you’ve got all the ingredients necessary for a firm footing.  We’ll call this foundation –  ‘a rock‘.

The real beauty of SB 93 is its’ simplicity.  It does not dance around the edges of ‘exchanges‘, ‘reimbursement’s‘, ‘well little Johnny did it first’,  or other grammar school arguments you so often hear by supposed pundits of either side.  Enactment of SB 93 would set up a desperately needed, and illuminating showdown with the Supreme Court of the United States.  With all due respect to Frazier v Ali and Michael Jackson, SB93 could well be the ‘Real Thriller‘.

Senator Anderson received his J.D. from the University of Oklahoma, School of Law; one can only lament the fact that Chief Justice Roberts did not attend the same school.

Action items for Oklahoman’s

Those living in Oklahoma are strongly encouraged to reach out to Senator Anderson here with your support of these efforts.  But, don’t just stop there – burn up all their lines.  Here’s square one:   click

LEGISLATION AND TRACKING

If you would like to see model legislation to introduce in your state to nullify state health care exchanges, please see The Tenth Amendment Center’s Model Legislation: Model Legislation: Nullify Obamacare in 4 Steps

Track the status of federal health care nullification legislation in states around the country HERE

Tim Taylor

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