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Nullifying ObamaCare: An Alternative To The Supreme Court Ruling

By on November 29, 2012 in Big Government, Commentary, Government, Health Care, Law, Nullification 5

Recently, the Supreme Court ruled that Obamacare was constitutional.

The Administration takes this as a green light to implement ObamaCare to its fullest extent possible. Because the election went in President Obama’s favor, the Senate and House have lost any desire to overturn the law. Without the overturn, it looks like the law making Obamacare a reality is going to stand forever.

Or is it?

In order to make Obamacare work properly, as it currently stands, there are two mainstays of Obamacare that must be carried out on the state level. Each state must implement an insurance exchange and they must drastically expand Medicare according to the law. These two items of ObamaCare will cost the states untold millions of dollars to implement.

When federal law goes bad, it is up to the states to protect their citizens. The legal theory is called nullification. Nullification is the idea that any given state has the right to invalidate federal laws that they consider unconstitutional. Somewhere along the line the Supreme Court got it wrong in their reasoning. Accordingly, it is like saying that since the government has a stake in GM it can create a law that says we can only buy GM cars. If we buy any other type of car we have to pay an extra tax on it. Continue Reading →

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Texas Moves To Nullify NDAA

By on November 18, 2012 in Big Government, Congress, Constitution, Delegated Powers, Government, Liberty, Military, Nullification 61

House Bill 149 (LS: 83R) – Texas Liberty Preservation Act.

Website: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB149

HB149 is a Bill introduced in the Texas Legislative Process on Nov. 12, 2012, by its author (Rep. Lyle Larson) and currently sits at stage 1 (filed). The design of the Bill is to nullify portions of the National Defense Authorization Act (NDAA) implemented by the federal law. Specifically, sections 1021 and 1022 are being made invalid and illegal in the State of Texas. You can read the entire bill here: http://www.capitol.state.tx.us/tlodocs/83R/billtext/pdf/HB00149I.pdf#navpanes=0

Section (1) (b) (1) of the Bill lays out the constitutional groundwork of the findings that prompted the bill in the first place. It notes the limitations of the federal government under the 10th Amendment. It read:

(b) The legislature finds that:
(1) The Tenth Amendment to the United States Constitution authorizes the United States federal government to exercise only those powers specifically delegated to it under Article I, Section 8, United States Constitution;

Many people think that whatever the federal government creates as law it is the “supreme law of the land” but that is not true. Often the federal government creates laws that are thrown out because they go beyond the powers delegated to the government in the Constitution. Section (1) (b) (3) of the Bill makes this point eloquently clear. It reads: Continue Reading →

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Do the Secessionists Have As Much Courage As the Nullifiers?

By on November 13, 2012 in Activism, Big Government, Commentary, Delegated Powers, Elections, Federalism, Founding Fathers, Founding Principles, Government, Health Care, History, Nullification, Politicians, Sovereignty Movement, State Sovereignty, Tenthers 9

By now, anybody who even casually follows the Tenther movement and the liberty movement in general has likely heard about the secession petitions circulating.  Yesterday, I had personally gone from only hearing about Louisiana, to hearing my State of New Jersey had one too, to hearing the count was up to twenty States.  That could be an old number by the time this makes it into the Tenth Amendment Center blog.

The language of these petitions is interesting, as they “ask” the federal government to let said States peaceably withdraw from the United States.  Although I confess to having signed, originally for Louisiana upon first finding out, and then for New Jersey, it was more out of curiosity than anything else.

Apparently, any State circulating these petitions requires a minimum of 25,000 signatures within thirty days in order to receive a White House response.  Texas has nearly double the required signatures, and Louisiana is likely a day away from hitting the threshold.  Several states are beyond halfway there.  Check to see if your State is on the list.  While you’re at it, go ahead and sign, so you can get your response.  The most likely response from the White House is a familiar word to anybody in the nullification movement, “No.” Continue Reading →

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Hungry for Freedom

By on October 1, 2012 in Big Brother, Big Government, Commentary, Education, Government, Liberty, Nullification, Tenthers 0

It is probably fair to say no President, First Lady, or candidate for said office has ever left a campaign event, state dinner or probably any meal in general saying, “Gee, I wish I’d had more to eat.”  Yet none before the Obamas entered 1600 Pennsylvania Avenue have claimed the authority to tell us what they want us to eat, while they eat what they want.  Plenty of kids across these 50 States have probably said that with increasing frequency in response to new federal mandates regarding school lunches.

While our First Lady is able to enjoy her favorite pizza, children in a Kansas school have made a video in protest.  Other students have said the portrayal is accurate, with students claiming they are still hungry throughout the rest of the school day.  There is so much wrong with this situation, it almost encompasses all the problems facing the Tenther movement today.

First, the school administrator interviewed said the solution in the past has been to make adjustments to the school lunches when there were complaints, but the new federal “laws” left him with his hands tied.  A word to that administrator personally, RESIGN!   Your primary responsibility is the well being of the students in your school.  You ought to know better than the people in Congress, the White House and the untold numbers of executive agencies trying to appear significant by churning out new rules.  You should even know better than the nine self-proclaimed demigods on the Supreme Court.  Show some spine and make the adjustments without their permission.  You want input on improving school food?  Go to your community first. Continue Reading →

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Did the “Civil War” Settle “Supremacy”?

By on September 6, 2012 in Nullification 1

A Letter to the Editor titled “Civil War settled governor’s nullification notion” and declares federal supremacy – or did it? In The Cap Time – Your Progressive Voice, James Kroneman writes:

“In response to the Tariff Act of 1828, South Carolina threatened to ‘nullify’ the law, saying that it did not apply to South Carolina. In 1832,South Carolina codified the Nullification Act by formally stating that ‘if the federal government moved to enforce the Tariff Act, it would be met with the secession of South Carolina from the Union.’ This war of words would continue until the Southern states, under the guise of ‘states’ rights,’ seceded from the Union and brought about the Civil War, which established the concept of the United   States we know and love today.

“After the Supreme Court upheld the Affordable Care Act, our governor, along with other officials, declared that he would not enforce the act in Wisconsin.

“Now I ask you, just who in hell does he think he is? Has he not learned one thing from history, or have he and others simply decided that they are more knowledgeable than anyone else? This concept of the governor was debunked in the 1860s. A federal law applies to ALL the states. And if the governor needs more proof of what he thought he could do, I suggest that he sit down and read the U.S. Constitution.”

Well, I will agree with James Kroneman on one point – he needs to “sit down and read the U.S. Constitution”. Yes, he was referring to the Governor of Wisconsin, but in this case, I think the governor has a better understanding of the Constitution than Mr. Kroneman, who seems to believe that “might makes right” and the “Supremacy Clause” in the Constitution settles everything.

In “A Question of Supremacy” I refuted the assertions of another writer who also claimed that the states have no right to nullify federal “laws” because that would violate the Supremacy Clause of the Constitution. But as I stated in that article, the people who wish to cite the Supremacy Clause always skip right over a couple of words proceeding the words “shall be the supreme law of the land”. So, what are those “inconvenient” words they don’t want you to read, “shall be made in pursuance thereof”. Continue Reading →

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Brief Highlights from United Nations “Agenda 21″

By on July 27, 2012 in Big Brother, Big Government, Constitution, Government, Health Care, Nullification, Sovereignty Movement, State Sovereignty 0

The below sections are taken directly from the United Nations Agenda 21, and represents some of the serious concerns this plan represents to liberty for our people. Please note this overview is intended as a brief introduction, which may interest folks in looking further into the possible ramifications of Governmental Centralization. Please utilize the links at the bottom of the article to explore more of the discussion.

Section 1.1. Humanity stands at a defining moment in history. We are confronted with a perpetuation of disparities between and within nations, a worsening of poverty, hunger, ill health and illiteracy, and the continuing deterioration of the ecosystems on which we depend for our well-being. However, integration of environment and development concerns and greater attention to them will lead to the fulfilment of basic needs, improved living standards for all, better protected and managed ecosystems and a safer, more prosperous future. No nation can achieve this on its own; but together we can – in a global partnership for sustainable development.

Section 1.3. Agenda 21 addresses the pressing problems of today and also aims at preparing the world for the challenges of the next century. It reflects a global consensus and political commitment at the highest level on development and environment cooperation. Its successful implementation is first and foremost the responsibility of Governments. National strategies, plans, policies and processes are crucial in achieving this. International cooperation should support and supplement such national efforts. In this context, the United Nations system has a key role to play. Other international, regional and subregional organizations are also called upon to contribute to this effort. The broadest public participation and the active involvement of the non-governmental organizations and other groups should also be encouraged.

Section 2.32. All countries should increase their efforts to eradicate mismanagement of public and private affairs, including corruption, taking into account the factors responsible for, and agents involved in, this phenomenon. Continue Reading →

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Do We Have the Stones

By on July 20, 2012 in Constitution, Drug War, Health Care, Nullification, Uncategorized 1

You know, with all the focus on Obamacare, and the horrendous decision by the “conservative” Supreme Court, I almost missed this story regarding a recent initiative that qualified for the ballot here in Oregon. The Oregon Cannabis Tax Act essentially legalizes Marijuana, and treats it like alcohol. Regardless of how you feel about pot, you should applaud this law.

Not because marijuana is “safer than alcohol” I am not certain of that argument. Not because the war on drugs is a gateway tyranny that allows the feds to justify atrocious behavior that would never be tolerated under any other circumstances. Not because you would enjoy getting high with your friends. You should applaud this because the federal government has acknowledged (by the ratification of the 18th amendment)  that they do not have the authority to execute the war on drugs, and they do it anyway!  If the Constitution is to mean anything, it must mean what it means all the time. Selective enforcement of the Constitution by both parties is what has brought the republic to the sorry place that it now stands.

Don’t get me wrong, I would much rather this blow be struck by the right. Nullifying Obamacare, or passing a firearms freedoms act would be somewhat preferable to see. Heck, I even wrote an article about the refusal of the Conservatives in Oregon to stand against federal usurpations. Interestingly this article was about the failure of the right, but when I closed with this challenge:

“Why is it that Conservatives have lost their courage where the left so defiantly treaded for Medical marijuana? Do Conservatives have the stones to reclaim their liberties from the Feds, or am I just shouting into the wind?”

This was the teaser used on the national TAC Facebook page. One conservative commented that conservatives would never back medical marijuana because it is “from the devil”. Interesting that a conservative could not bring himself to read an article mostly about conservatism and nullification for long enough to take the lesson that nullification does not equal open revolution.

At any rate, the initiative is a real middle finger to the feds, it is loaded with one liner quotes such as: Continue Reading →

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Will Texas Nullify Obamacare?

By on July 11, 2012 in Federalism, Health Care, Nullification, Politicians, State Sovereignty 1

Last Monday, Texas Governor Rick Perry sent a letter to Secretary of Health and Human Services, Kathleen Sebelius stating that Texas will not participate with the Patient Protection and Affordable Care Act (PPACA, also referred to as Obamacare).  He states that Texas will not implement the health benefit exchange or expand Medicaid

In his letter, he made the following statement:

Neither a “state” exchange nor the expansion of Medicaid under the Orwellian-named PPACA would result in a better “patient protection” or in more “affordable care.”  What they would do is make Texas a mere appendage of the federal government when it comes to healthcare.

During an interview with Fox News, Perry also stated the following:

I can assure you that Texas and other states would find more effective, efficient ways to deliver healthcare to their citizens and do it in a way that preserves those individual freedoms.

During the same interview, when asked about the high number of Texas Residents without insurance even with a strong economy in Texas, Perry responded:

The idea that this federal government, which doesn’t like Texas to begin with – to pick and choose and come up with some data that says somehow Texas has the worst healthcare system in the world is just fake and false on its face,” he said. “Every Texan has healthcare in this state, from the standpoint of being able to have access to healthcare – every Texan has that. How we pay for it, and how we deliver it, should be our decision – not some bureaucrat in Washington D.C. that may have never been to Texas a day in their life.

Perry joins a list of eighteen other governors vowing stopping the implementation of the PPACA.  Among this list are Louisiana Gov. Bobby Jindal, Wisconsin Gov. Scott Walker, Florida Gov. Rick Scot and Democrat Governor from New Hampshire, John Lynch. Continue Reading →

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“Vote the Bums Out” Is Not the Answer

By on July 2, 2012 in Health Care, Nullification 1

This is an e-mail I wrote to a local grassroots leader earlier.  It is written in response to the supreme court ruling on the Patient Protection and Affordable Care Act .  As long as I wrote it…  may as well go ahead and post it.  Sorry for letting a couple grammar errors sneak past.  Cross posted from the Pennsyvlania Tenth Amendment Center.

Plain and simple, Washington is never going to fix Washington. Not today, not next week, and not after November. If we’re going to depend on a campaign to get (R)s elected in November to fix this problem, then we’re destined to be disappointed (and enslaved). The simple fact is that everyone in Washington, (R) and (D), now believes that they work for a benign, but totalitarian government. They are determined to use their power “for good”, but they’re not about to give up their power.

Hell… it’s taken the house an entire year just to bring contempt charges against Attorney General Holder for his stonewalling with regards to “Operation Fast and Furious”. And we know that the Senate will do nothing after contempt charges leave the House. It’s a masquerade. Do we really want to trust these people to protect our Liberty? The idea of a limited government with enumerated powers is not even on their radar.

We have burned — two entire years! — waiting for the Supreme Court to betray us. How long do we now wait to be betrayed by the Congress? Continue Reading →

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Sportsbook Showdown: California Moves to Allow Sports Betting

By on June 19, 2012 in Nullification 1

The federal government currently preempts the states regarding the issue of sports gambling, allowing only four states to sanction the activity. This however may change soon, as legislators in California are considering a bill to decriminalize sports gambling in the state. Under the proposed Senate Bill 1390, which was recently approved overwhelmingly by the senate, sports betting would be allowed at licensed gambling establishments, including casinos and horse-racing tracks.

Unfortunately for freedom lovers, the bill is not the result of someone reading Lysander Spooner’s Vices are not Crimes and deciding to let a thousand flowers bloom. It is entirely an issue related to tax revenue generation, itself the result of profligate government.

It’s no secret that plenty of Californians – and folks in all the other states for that matter – place bets on sporting events, despite a federal prohibition. (Isn’t it funny how laws against non-violent behavior with no victim never seem to work out?) Because of this, legislators are hoping to begin regulating this gambling for the purposes of collecting licensing fees and taxes on winnings.

As part of the legislative process the committee researched Nevada’s sports gambling totals and estimated them to be somewhere north of two and a half billion dollars. Given California’s immense budget deficit, even a fraction of that multi-billion dollar industry would help to relieve fiscal strain. The bill’s sponsor, Senator Roderick Wright, said of the “illegal” gambling “We receive absolutely no money from it,” and suggested the state could end up with “a great deal of money” as a result of his bill. Continue Reading →

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