Author Archive | Thomas Grady

Missouri Joins Health Care Battle

Senator Jane Cunningham’s Health Care Freedom Act (SJR25), nearly identical to Virginia’s, passed the Missouri Senate as a ballot referendum Tues. by a 26-8 vote. Three Dems., two up for reelection in conservative districts, crossed over to vote in favor.

The legislation provides:

“that no federal law shall compel a patient, employer, or health care provider to participate in any government or privately run health care system, nor prohibit a patient or employer from paying directly for legal health care services.”

Cunningham’s bill started out as a Constitutional Amendment but hit hard resistance from not only Democrats, who threatened a filibuster, but a number of Republicans as well. What the conservatives did not want is to have any measure pass across Governor Nixon’s desk; he’s a Democrat and had already indicated he’d snap a veto on it post haste. So it had to be a referendum or an amendment.

The House passed their version of the bill in early March by a wide margin, so the referendum is set to appear before the voters in the August primary. Better then than in the November general according to many conservatives, including Jaci Winship, Faith and Freedom Coalition’s Missouri Director. “There are many many contentious conservative races throughout the state,” she indicated. “And conservatives will be out in droves to vote.”

The Missouri Sovereignty Project and numerous Tea Party groups, including I Heard the People Say, Franklin County Patriots, K&N Patriots, and Show Me Patriots, were instrumental in keeping pressure on Jefferson City legislators to bring Cunningham’s bill to the voters.

Aside from numerous 400/500-people rallies in the rotunda of JC on three different occasions since early February, on the day of the Senate vote on Tues. over 400 Tea Partiers from around the state circled the capital building in a rolling tea party. For 20 minutes they circled and honked, circled and honked, circled and…well you get the picture.

It was a stunning (and LOUD) demonstration, with many legislators watching from their windows. Four hours later, and after an hour of debate where conservatives made a collective eloquent case for the bill, Cunningham got her wish.

Missourians will now have their say. We have joined the battle.

EDITOR’S NOTE:
CLICK HERE to view the Tenth Amendment Center’s Health Care Freedom Act legislative tracking page

The Tenth Amendment Center has released the Federal Health Care Nullification Act, which directly nullifies the “Patient Protection and Affordable Care Act” on a state level. Click here to learn more.

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Tenth Movements: We Can Stop the Pendulum

by Thomas Grady

We all know how life’s (and music’s) pendulum swings.  Methodically, left then to right, back to left – and back and forth and back and forth.  Tick tock.  Politics is no different.  Since America is recognized generally as a center-right country the fulcrum of our pendulum doesn’t hang over the center but over a notch or two to the right of the center.

Today the pendulum has swung so far to left that the folks occupying center-right have become abruptly terrified and have hit the streets in tea parties, organized into Glenn Beck 9-12 groups and 10th amendment movements.  They’re frantically grasping at the pendulum and will surely take possession and haul it back toward them.  With effect. Continue Reading →

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The Pincer Movement

by Thomas Grady

The “Mighty” 10th and the Enumerated Powers Acts

When it was written, the U.S. Constitution’s 10th Amendment was the last line drawn in the sand against an oppressive central government. It was the Bill of Rights’ final amendment, as if our Founding Fathers said, “By the grace of God, if the first nine amendments don’t prevent tyranny, the 10th will do so.” Here’s what the Mighty 10th tells us:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Our Founding Fathers – specifically Thomas Jefferson, James Madison and Patrick Henry – demanded the original Constitution provide for a legal means of bringing finality of any government’s legitimacy directly back into the hands of the people at large whenever the people so desired. The framers broke the Mighty 10th into two actionable lines of defense against a King George government:

1) the states (“powers…are reserved to the States respectively…”), and
2) the people (“powers…are reserved…to the people.”)

Number one is systematic and orderly. Number two, unfortunately, could get ugly, especially if the 2nd Amendment is put into play. Let’s stick with number one for now.

Though the 10th Amendment is entrenched in the Constitution, forcing its application has become a burden of the states themselves. Clearly the federal government has not only ignored the Mighty 10th, it will undoubtedly fight vehemently any attempt to enforce it. After all, most politicians have massive egos and aren’t inclined to voluntarily shed themselves of power; this includes most federal judges.

So the battle that is now just commencing will be long and hard. Any legal foundational help will be welcome. That help could come from what is referred to as the Enumerated Powers Acts (HR450 and S1319) currently in congressional committee. The House bill was introduced by Arizona’s John Shadegg and the Senate sister by Tom Coburn of Oklahoma.

Here’s what the Acts require:

“…each Act of Congress to contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act.”

This means any Congressman who wants to introduce a bill must first flip through the Constitution and find the provision “enumerated” in its pages that gives the Congressman the right to introduce all elements of the bill. Without the identified “power,” guess what?

The Heritage Foundation points out what happens if the Enumerated Powers Acts were adopted. “Every bill would be an opportunity for Americans to think seriously about our constitutional order, the wisdom of its design, and the consequences of departing from its strictures.”

Granted, S1319 and HR450 are stuck in committee in this liberal current Congress and will never see the light of the floor. However, the mere existence of the Acts awaiting a vote could well provide a huge leverage on whether politicians agree with it in concept and significance.

Thus the underpinning of the Pincer Movement: from the state (the Mighty 10th) and from federal (the Acts).

The Missouri Sovereignty Project, for example, is engaged in this strategy right now. The Project is contacting elected officials, both state and Missouri congressional, and asking them to sign pledges to agree in principle and to uphold and abide by both the 10th Amendment and the Enumerated Powers Acts.

Forcing current and campaigning public officials to take a principled and public stand (yea or nay) on the 10th Amendment and the Enumerated Powers Act will flush officials out into the open about their dedication to the very document they swore to uphold. The Project believes politicians will be sweaty around the collar about the notion of thumbing their noses at to the Constitution, on either front.

As one might expect, the Missouri Sovereignty Project will compile lists, which will become part of the public domain through blogs, prints and broadcast media inside the state.

The Missouri Sovereignty Project is only a month old and already has a growing number of dedicated members. Unlike many movements across the country, the Project is not a social group. It has an explicit charter, has already sent out two press releases, and has a membership group that is organized, by each member’s choice, on three levels:

1) those who spread the word,

2) those who monitor, call and write public officials,

3) those who organize and manage.

The geographic grassroots goal of the Missouri Sovereignty Project is to have a Level 2 or Level 3 member in each of the 163 state House districts, which would overlap the state Senate districts and the Congressional districts.

The group expects to be completely in place, up and running across all state districts by March of 2010, just in time for elections. This network will continually monitor and contact any public official that strays from their pledge.

Thomas Grady is the founder of the Missouri Sovereignty Project.

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