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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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Virginia to Consider Health Care Nullification

By on December 16, 2009 in Nullification, Sovereignty Movement, State Sovereignty 7

As a follow up to my recent article on the growing movement to resist national health care, we can now include Virginia as one of the states that will be considering legislation to effectively opt-out, or nullify, any future national health care plan.

Delegate Robert G. Marshall has pre-filed House Bill 10 (HB10) for the 2010 legislative session. If passed, HB10 would, among other things, protect:

“an individual’s right and power to participate or to decline to participate in a health care system or plan. The bill prohibits any law that will infringe on an individual’s right to pay for lawful medical services. The bill further prohibits the adoption of any law that imposes a penalty, tax, or fine upon an individual who declines to enter into a contract for health care coverage or to participate in a health care system or plan.”

Click here to see all current Health Care Nullification Legislation

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Health Care Nullification in Alaska

By on October 2, 2009 in Health Care, Nullification 6

From the Fairbanks Daily News-Miner:

Rep. Mike Kelly said Alaska’s residents deserve “health care free choice,” and he wants to amend the state constitution to give it to them.

The Fairbanks Republican announced Tuesday that he will introduce a resolution to place an amendment before voters in the 2010 general election. It would “prohibit passage of laws that compel any person or employer to participate in a particular health care system.”

Kelly said his motivation is to avoid forced participation in a government-run health insurance system. The current draft of his resolution, which he plans to introduce when the legislative session begins in January, would also prohibit laws that penalize a person, employer or health-care provider for declining to participate in a health-care system.

Click Here to read the full article

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Ohio to Consider National Health Care Nullification

By on September 28, 2009 in Health Care, Nullification, Sovereignty Movement 14

Following the lead of Arizona, Florida, and Michigan, in recent weeks legislators from Louisiana and Georgia announced that they were planning on introducing resolutions for State Constitutional Amendments that would allow the people of those states to effectively opt-out of any future national health care plan.

And now, Ohio joins them.

According to our friends at OhioFreeState.com, Ohio State Senators Grendell and Jones have introduced Senate Joint Resolution & (SJR7).

The resolution proposes:

“to enact Section 43 of Article II of the Constitution of the State of Ohio to prohibit a law or rule from compelling a person, employer, or health care provider to participate in a health care system.”

If passed by the Ohio legislature, the proposal will go directly to Ohio voters for their approval:

If adopted by a majority of the electors voting on this proposal at a special election held February 2, 2010, Section 43 of Article II of the Constitution of the State of Ohio shall take effect immediately.

The resolution in Arizona (HCR2014) has already passed both the House and Senate, and in 2010, Arizona voters will be the final voice on their proposed Constitutional Amendment.

In Florida and Michigan, similar resolutions have been introduced, but have yet to have formal hearing or debates.

Legislators in GA and LA announced that they’ll be introducing similar resolutions in the 2010 legislative session. And sources close to the Tenth Amendment Center indicate that more than 15 states will do the same in 2010.

Click here to read the full text of SJR7

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