In his first TV ad for the Tennessee gubernatorial race, Lt. Governor Ron Ramsey let’s the feds know he is not afraid to “give them the boot.”
Author Archive | Daryl Luna
Understandably so, many of those who consider themselves to be conservative or libertarian in philosophy have felt disheartened by the passage of Obamacare. Even though I saw it coming for some time, I share in everyone’s being upset with our leaders and their actions. But I am here to tell you that not all that the passage of Obamacare offers is bad. There is a silver lining for those of us committed to the cause of limited government and individual liberty.
Of course, on its face Obamacare offers nothing of worth to limited government and individual liberty activists. The legislation tramples upon the liberty of individuals, neglects our constitutional compact, and increases the size and scope of government to alarming levels. However, we must look beyond the codified effects and see what this bill’s passage will offer to our movement.
Sure, some will feel disgusted and hopeless, but that is based on a misguided placement of hope in a single legislative battle. Such is both naive and foolish. We cannot be “Sunshine Patriots.” For, our fight for freedom must be waged in both success and failure.
Here are five positives I see from Obamacare’s passage.
1. We now know exactly who our enemies are. To be frank, most of the crooks in Washington are enemies to liberty, whether or not the voted for the health reform bill. But as far as coalitions go, there are those who may at times be our allies on key issues. For many, Bart Stupak and other “pro-life” Democrats were key allies in the battle to protect the rights of the unborn. Even though his previous comments should have alerted everyone to Stupak’s true convictions, his vote Sunday let any doubters know where he and his commrads stand on the issue of life.
2. This already has and will continue to drive the GOP toward a more conservative direction. When the GOP is power, it does the exact things it is railing against at the moment. Remember when the GOP was passing the prescription drug legislation a few years back? I don’t care about sincerity at this point as much as I care about action. If Lindsey Graham is opposed government run healthcare, it is not because he is philosophically committed to conservative governance. Rather, he opposed the bill because of public pressure and the frustration of being in the minority. That being said, I don’t care why as long as he opposes it when it comes time to act.
3. It has forced us to consider the issue of healthcare reform on a national stage once again. Regrettably, the solution offered by the Obama administration will only make the problem worse, but healthcare reform is something that needs to be discussed. We need to head towards a no-government, market-based solution. Perhaps, this fight back against Obamacare will lead to a proper solution. But even if it does not succeed, it has already led to a discussion of the proper role of government in healthcare. And that is a good thing.
4. This could prove a valuable political tool in the midterm elections. I say this not in hopes for a mere GOP sweep; RINOs would prove no value to the cause of freedom. Rather, I am hoping for true liberty candidates to have a shot at office (or at least be able to shake things up) because of the neglect of freedom carried out by our current representatives–now truly displayed by the healthcare reform debacle.
5. There will be a renewed emphasis on nullification and states’ rights. This may be the most important of all. Our government has been out of control for well over a century. Rights have been trampled and the Constitution has been completely disregarded for far too long. It is a shame that talk of nullification and states’ rights has gone unspoken for all this time, but it is good to see it now. States should resist this legislation, and nullification is the constitutional and proper answer.
Make no mistake the passage of Obamacare is troubling, but there may be good things to come. People thought I was crazy when I said Obama would be good for the conservative movement, though I have never seen it so robust and vocal. The same effect may come about because of this despicable legislation and the public’s reaction to it.
As a Tennessean I am proud to see my current Lt. Governor and gubernatorial candidate, Ron Ramsey, fighting against the unconstitutional health reform package passed by our federal government. Below is Lt. Governor Ramsey’s recent press release calling on our state to assert its Tenth Amendment rights.
March 22, 2010The healthcare legislation passed yesterday is a disaster for Tennessee citizens and our constitutional requirement to maintain a balanced budget. It will raise taxes on Tennessee citizens while stripping away the right to control one’s own medical decisions.
I believe the bill passed yesterday by the U.S. House is unconstitutional and I am calling on Attorney General Cooper to join the 11 state Attorneys General already planning to challenge the constitutionality of the bill.
Individual states must challenge this legislation immediately to halt its implementation. The longer we wait, the more it will cost the state of Tennessee and her citizens. Washington has forced this problem upon us – it is now up to state leaders to stop this unfunded mandate from breaking state budgets across the country.###
EDITOR’S NOTE: To support the Enumerated Powers Act, please visit our friends over at DownsizeDC – click here
My attention was recently drawn to some good news. Though it’s not the first time it has been proposed, I can’t remember seeing such support for the Enumerated Powers Act in the past. Today, the senate version has 22 co-sponsors, while the house version boast 60 co-sponsers of its own. Sadly, it is only Republicans who have thrown their support behind the legislation thus far, but Democrats should remedy this lack of support quickly as S. 1319 and H.R. 450 are a huge step in the right direction.
If you are unfamiliar with the legislation, here is a basic rundown.
The Enumerated Powers Act would require each bill that goes before Congress “to contain a concise explanation of the specific constitutional authority relied upon for the enactment of each portion of that Act.” If an explanation cannot be provided, a point of order is called in which the chamber must acknowledge that constitutional authority could not be found for the proposed legislation.
I see two major benefits of this bill. First, it will cause lawmakers to reevaluate what they think about constitutional authority. They must actually turn to the document in their law-making process and see if their actions are constitutional or not. (A novel, I know!) Second, if they refuse to submit to constitutional law-making, it is brought to the attention of everyone as a point of order is called. Image these words: “The senator would like to propose the follow legislation even though he lacks any constitutional authority to do so.”
In essence, unconstitutional bills will be noted as such for the record, the public would be made aware of constitutional infidelity, and the sponsor would be exposed on the chamber floor.
The bill wouldn’t stop the passage of unconstitutional bills, but it will expose unconstitutional bills in a way that is currently lacking. Hopefully, this exposure could lead to a lesser volume of unconstitutional proposals.
Of course, the likelihood of the Enumerated Powers Act passing is slim, especially lacking Democrat support. But who knows in the current climate? If one where to say just a little over a year ago that a bill to audit the Federal Reserve would experience massive bipartisan support and make it out of committee, one would be laughed at as a fool. But we now see what has happened with H.R. 1207.
What stands in the way? Our elected officials hate to the constraints of the Constitution, and as we have failed to hold them accountable, they know they can get away with their infidelity to the rule of law.
But, like I said, the times are changing. So lets see if we can get our elected officials to support the Enumerated Powers Act.
Some Tennessee legislators sent the attorney general the follow letter, claiming the state’s right to refuse the unconstitutional national healthcare plan.
Attorney General Robert E. Cooper, Jr.
P.O. Box 20207
Nashville, TN 37202-0207
Dear General Cooper,
This letter is to formally request that you prepare to take the appropriate legal action against the federal government in the event HR 3200 passes into law. We request this action in order to grant Tennessee relief from the unfunded mandate contained in the bill requiring Tennessee to comply with the expansion of the federal Medicaid program.
Under this bill, Tennessee would be forced to expand our Medicaid program, potentially costing the citizens of this state $1.4 billion dollars in additional state taxpayer funds annually. Such an increase would place a great burden on the citizens of this state. It is clear by the wording of the legislation itself that not every state would face a similar and equal burden.
We see this as a violation of equal protection of the law, an affront to our sovereignty, and a breach of the U.S. Constitution.
The passage of this bill is imminent, and as Governor Bredesen has noted, “We can’t print money.” This bill would expand the program beyond the fiscal capacity of this state.
Thank you for your timely attention of this matter.
Debra Young Maggart
Judge Andrew Napolitano has released a five part series providing a well-done Constitutional overview. Part 5 in particular deals with the rights and role of the states. It is well worth watching and sharing with others.
Editor’s Note: part 4, The Courts and the Constitution, is below
Already the fear-mongering and unfounded claims of slavery support have been thrown at Rep. Susan Lynn for her recent statements regarding nullification.
Read the following post for all the details, but here is a taste:
Rep. Mike Turner, chairman of the House Democrats’ political caucus, said Tuesday Lynn’s comments harkened back to Civil War-era arguments. In the Nullification Crisis of the 1830s, South Carolina passed a law nullifying federal tariffs, but the state backed down after President Andrew Jackson sent Navy warships to the Charleston harbor.
“Susan Lynn is yearning for times gone by,” Turner said. “Maybe we could put the poor people back to sharecropping and slavery and let the people up at the big house have all the nice things. We’ve already had that fight about states’ rights.
“I’m probably against everything that Susan Lynn’s for. I know people in her district without health care insurance. I know people in her district without jobs. These people are suffering. I’m just not sure she lives in the same world as everybody else.”
Lynn responded, “I can’t even imagine that’s a serious comment.”
This is why we we must work to combat ignorance by those who seek to do away with the constitution and violate our freedom. Nullification is right, and it is constitutional. Let’s prove it without be discouraged by foolish attacks like those made by Rep. Turner.
Recently, State Representative Susan Lynn spoke on the matter during Mike Church’s radio show (transcript here). While there she let it be known that the Tenth Amendment is alive and well in the volunteer state.
When asked what could be done to fight against the unconstitutional healthcare bill’s possible final passage, Lynn replied, “Well, I wrote a letter to our attorney general, asking him to please prepare to take any appropriate legal action against the federal government in case the healthcare bill passes. And this is because this is clearly a violation of equal protection. But more than that, it’s an affront to our state sovereignty.”
Later on when asked if there were nullification plans in the works for this “affront to state sovereignty,” Rep. Lynn replied, “Yeah, it’s my understanding that a nullification bill is going to be filed in Tennessee.”
There you have it. Some in Tennessee do intend to fight the proposed healthcare reform bill if it goes into law through nullification. Hopefully, this fight will bring the principle of nullification back into the public eye, and we are able to show how the principle is constitutional, beneficial, and just, perhaps we can begin to turn back an out-of-control federal government and reestablish constitutional rule.
If you are interested in the concept of nullification, please check out my recent article on the issue.