OKLAHOMA CITY – State Rep. Mike Ritze plans to reintroduce a bill to “nullify” the individual mandate in the 2010 federal health care legislation in Oklahoma.
“I disagree with the Supreme Court’s ruling and believe that state governments were intended to serve as a check on the federal government,” said Ritze, R-Broken Arrow. “The Patient Protection and Affordable Care Act, which is better known as ObamaCare, is an example of federal overreach and my legislation will authorize the state to resist it and ban the enforcement of it.”
Ritze said his legislation would authorize the Oklahoma attorney general to defend citizens who fail to purchase health insurance against the federal government and criminalizes the enforcement of the individual mandate.
“My hope is that ObamaCare will be repealed, but I do not think that means we have to wait for the repeal to happen. Oklahoma lawmakers should do what they can to support our choice to make our own health care decisions,” Ritze said.
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TAKE ACTION
Nullify in YOUR state. Contact your state reps and urge them to introduce the Nullification Act NOW. Or push them to pre-file for the 2013 legislative session. They Need to hear from you early AND often!
Get the model legislation here
http://www.tenthamendmentcenter.com/legislation/federal-health-care-nullification-act/
EVENT: Oklahoma Rally for Healthcare Independence is July 7th. Get details here:
http://www.facebook.com/events/389073851141845/
press release via Axxion for Liberty
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Here’s some points for Oklahoma to consider with respect to nullifying Obamacare mandate.
Regardless whether the corrupt federal government wants to call the Obamacare mandate a tax or a penalty, please consider the following disturbing information concerning activist justices, including Justice Roberts, who supported Obamacare. Regardless that Roberts referenced the Gibbons v. Ogden case in the Obamacare opinion, he seemingly ignored two key statements in the Gibbons opinion which clearly indicate, imo, that Congress has no constitutional authority to make legislation of any kind regulating public healthcare.
In fact, note that the first statement below clarifies, in a single sentence, that not only is public healthcare a state power issue, sovereign state powers to address public healthcare issues protected by the 10th Amendment, but also that Congress has no constitutional authority to regulate intrastate commerce; FDR’s activist justices got the Commerce Clause wrong in Wickard v. Filburn.
“State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress.” –Gibbons v. Ogden, 1824.
“Congress is not empowered to tax for those purposes which are within the exclusive province of the States.” –Chief Justice Marshall, Gibbons v. Ogden, 1824.
In other words, Congress cannot make laws to lay taxes or establish penalties in the name of intrastate public healthcare any more than it can make laws regulating 1st Amendment protected religious expression and freedom of press.
Here’s two more excerpts from USSC case opinions which likewise indicate that Congress has no constitutional authority to make laws regulating intrastate healthcare. Note that Justice Barbour referenced the above excerpt from Gibbons in New York v. Miln, expanding it as follows.
“Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass.” –Justice Barbour, New York v. Miln, 1837.
And before Constitution-ignoring FDR nuked the Supreme Court with activist justices, Constitution-respecting justices had again emphasized that Congress has no business sticking its big nose into intrastate medical practice.
“Direct control of medical practice in the states is obviously beyond the power of Congress.” –Linder v. United States, 1925.
Sadly, until the states decide to delegate to Congress via constitutional amendment the specific power to tax and spend in the name of public healthcare, the federal government’s unconstitutional power grab concerning Obamacare is stalling the states from establishing their own healthcare programs, evidenced by Massachusetts’ RomneyCare. Article V of the Constitution is the best kept secret of the unconstitutionally big federal government imo.
aoeuoeuaoe
@GSwaim @hihoze Nullification has consistently been struck down. Good luck with that, boss.
@MeganSmiles @tenthamendment
Go #Oklahoma!
@stacyhyatt If all free states did this, marxist cash flow would take a hard hit…
@BadCat_CA_2 I wonder what Gov Bentley plans to do? #ALpolitics
@stacyhyatt Seems a potential there for resistance to HC. He’s been a fair quiet governor, but his output seems positive so far…
@TriciaNC1 – Tnx 4 the RT
@AFLibertarian yw
Any idea yet as to the prospects for passage of his bill? And if the Gov. vetos it, are there the votes to override the veto? Yes, the introduction of the bill is a flicker of hope, but that’s pretty much all that it is, I’m afraid. Might call Rep. Ritze to enquire about the bill’s realistic prospects. That said, I am happy to see that many States have decided not to continue with implementation of Obamacare. That is a much more hopeful sign.
@JamesP.Delaney Probably hard to tell this early, James. OK’s legislative filing isn’t until January 2013. But, it’s good to see guys like Ritze on record in favor of nullification. Let’s keep the ball moving forward until we see a groundswell of education and support in favor of these actions.
That – I believe – is how we’ll get some passed around the country.
It is about time a state does something for the people.I’m tired of living where politicians are in it just for themselves!
@DarrellK If out of touch Americans can place another out of touch individual to be president of this great nation of ours, why can’t conscientious Americans decide on what is good for the country. We choose the people to represent us in the government, but when they fail to do their job we should hold their feet to the fire or get rid of them. Why can’t we, as Americans put this health care thing on the ballot. If the people says keep it, then let it stand, but if it’s the other way around then toss it out.
@joshuamiller79 That nullification thing is cool, I betcha the feds will somehow try to stop it though 😛
@SteveTheRawMan Of course they’ll try…
…it’s easy to crack down on 1 or 2 states but what if 20+ states do it?
@joshuamiller79 Can they nullify any federal law?
@SteveTheRawMan The argument for Nullification depends heavily on being able to make the case that a specific law is unconstitutional.
@joshuamiller79 True… Has it ever been done before?
@joshuamiller79 Unless of course, the Constitution is of no legitimate authority, if the case then nullify EVERY LAW… 🙂 @stevetherawman
@Darjeelingzen @joshuamiller79 Agreed, let’s nullify the legislature!
@Darjeelingzen That’s fun to imagine but whether the constitution is legitimate or not they have & will use their monopoly. @stevetherawman
@joshuamiller79 @Darjeelingzen Agreed there too, if it exists, might as well try to limit it
@SteveTheRawMan You have to grasp federalism, & the idea of duel sovereignty. Can use #nullification to decentralize power. @darjeelingzen
@joshuamiller79 @darjeelingzen u can try!
@joshuamiller79 Without their constitutional-propaganda B-S they would be seen for the petty tyrants they are… @stevetherawman
@SteveTheRawMan This requires education, winning intellectual battles, & putting it to action within state governments. @darjeelingzen
@joshuamiller79 What keeps the State humming, is the propaganda and the educational system; w/o those it falls apart… @stevetherawman
@joshuamiller79 Or U can do your best 2 make those bastards irrelevant to YOUR life & not pretend like any of it is legit… @stevetherawman
@Darjeelingzen Major obstacle/problem when over 40% of U.S. homes receive some direct financial relief from the fed govt. @stevetherawman
@joshuamiller79 I don’t condemn or blame you for wanting to try to make it fly… Buy as they say, “that dog don’t hunt” @stevetherawman
@joshuamiller79 I like the first two strategies, not so hot on the third… @stevetherawman
@joshuamiller79 Yup. @SteveTheRawMan
@Darjeelingzen I’m for being as independent of govt as possible, but legitimate or not, ignoring reality doesn’t change it. @stevetherawman
@joshuamiller79 You’d be surprised what a little acreage put into a non-profit trust can do for your personal independence @stevetherawman
@joshuamiller79 With a little bit of legal study, you can get most traffic & tax cases thrown out too… @stevetherawman
@Darjeelingzen #Nullify federal involvement in #education this is an area the free market can (soon) provide a #PublicGood! @stevetherawman
@joshuamiller79 It doesn’t take much preparation, to make a public-persecuter look inept in a courtroom… @stevetherawman
@joshuamiller79 Just so long as we nullify the state, county and local authority over education too… @stevetherawman
@Darjeelingzen Instead of waiting till you are forced to defend yourself in court why not defend everybody as a legislator? @stevetherawman
@Darjeelingzen But communists, fascists, socialists, etc have no problem using the aforementioned “3rd” step I mentioned. @stevetherawman
@Darjeelingzen At least people like Ron Paul (& myself if I try this at some point) can use it as a platform for education. @stevetherawman
@Darjeelingzen Won’t happen all at once like that. What could happen is making other options easier & allowing competition. @stevetherawman
@joshuamiller79 Because I have no business/right to make laws for, or represent another person w/o explicit consent. @stevetherawman
@joshuamiller79 Because I’d be happy to burn that diabolical piece of paper I’d likely B expected 2 take an oath to defend. @stevetherawman
@joshuamiller79 Did you ever watch/read, Lord of the Rings; the man who seeks to use power for good is consumed by its evil @stevetherawman
@Darjeelingzen In theory a person could vote for bills that increase freedom, vote against all bills that decrease freedom. @stevetherawman
@Darjeelingzen I do see where you’re coming from. But, for better or worse, you are severely limited by your principles. @stevetherawman
@joshuamiller79 But even if one adopts the program you suggest, they still do so w/o legitimate authority; they R a sham/imposter 4 liberty
@joshuamiller79 That program assumes that the State has *some* authority, *some* legitimacy when it has none;assumes State as necessary evil
@Darjeelingzen I’m pretty sure that statement referred to the power of the one ring. That’s A LOT of power. @stevetherawman
@joshuamiller79 Personally, I don’t find consistent principles/ethics, “limiting” … @stevetherawman
@joshuamiller79 And the fear/obedience to the State, that can make good people kill each other is not a lot of power? http://t.co/YyMvsqqF
@Darjeelingzen Although some are corrupted, many can & do use power without being corrupted. Money, guns, cars, jobs, etc. @stevetherawman
@joshuamiller79 That’s not the kind of “power” I’m talking about; I’m talking about power of domination @stevetherawman
@Darjeelingzen I think I do see where you’re coming from.
And I need a while to think more about these two tweets: http://t.co/KEo9p2IE
@joshuamiller79 I want you to know, that I do recognize & appreciate that you want to affect positive change for liberty. 🙂
@Darjeelingzen I appreciate that.
@SteveTheRawMan @Darjeelingzen @joshuamiller79 Right there with y’all!
@EricDBarry @Darjeelingzen @joshuamiller79 🙂
@Darjeelingzen 10th Amendment rules
@SteveTheRawMan
Yes. Fugitive Slave laws was such example I believe.
@Darjeelingzen http://t.co/utbvuTsP
@PoliticalLogic @politicsoffear Good luck with that.
@SouthernCalESQ We live in an anything goes and the Constitution doesn’t matter society so anything is possible.
@PoliticalLogic Hey, you are right about anything’s possible. I may not agree with your politics, but you sound like a good guy, regardless
@SouthernCalESQ I try. You too 🙂
“I disagree with the Supreme Court’s ruling and believe that state governments were intended to serve as a check on the federal government,”
There is no reason to just “believe” states have the power you do have the power to nullify. See the Kentucky and Virginia resolutions.
@tpaige Certainly. But at least this Rep is doing it. First one in the country since the ruling. We expect there to be many more…
@tpaige Agreed. There are many arguments that can be used to justify the existence of state nullification. The one I like is that the national government has power over the people of the states not the states themselves. States are not subject to the laws of the federal government which means they are free to put up whatever resistance the constitution of the United States allows them to. The feds can’t just say ‘you are not allowed to do that’ because they don’t govern states. If they wanted to govern states then they should have adopted the southern confederacy’s constitution.
@southrngirl77 Lets keep our fingers crossed! Follow back?
@PoliticalLogic @politicsoffear That’s why we here in Oklahoma are in the center of stupid
@LaJollaPrincess Ok I guess OK doesn’t suck anymore, so I’m nolonger sure why Texas doesn’t slide into the gulf.
@LaJollaPrincess I am from there (a plus) so is Exizabeth Warren ( minus) 2012 equivalent of the old ‘yay-boo’ game
@TenthAmendment @TwitsNTwats wish every state would do the same!! “We the people”!
@tcw62 here’s some model legislation to push your state to follow suit! http://t.co/M5hZOYdd
I would feel more passionate about these things if they nullified the whole bill instead of just one section of it.
@onetenther agreed. but each step forward is an important one…gives other states the courage to take stronger stands.
@TenthAmendment Way to Go Wooooo Hooooooo 🙂
4 USC 72 All offices attached to the seat of government shall be exercised in the District of Columbia, and not elsewhere, except as otherwise expressly provided by law.
I downloaded the PDF of the House version of Obamacare from gpo.gov. California appears 11 times. Arizona, Missouri, and Texas DO NOT APPEAR.
How can it have legal effect in these states if they couldn’t be bothered to name them in the definitions? How are we to know that Obamacare isn’t really only for DC, Guam, Puerto Rico, USVI, American Samoa, etc.?
Does it take too much ink to list the states once if they are the intended geographical focus of the law?
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
When Alaska and Hawaii became states, they had to change federal laws. They changed them by REMOVING Alaska and Hawaii from the definition of ‘state’.
I applaud what you are doing, but are you working hard to nullify an illusion?
@ahh2fly Louisiana Gov Bobby Jindal has said publically he wont participate in it & will do everything to repeal it.
@kmaerke That’s a good first step. the OK bill is the next step – make it illegal no matter what happens in DC!