This episode is made possible in part by the new Nullification Movie. Now available for pre-order at tenthamendmentcenter.com/movie
After the Roberts Court handed down the Obamacare decision, people in the states immediately taking steps to reject the act – and what they see as a supreme court ruling in violation of the Constitution.
As we reported last week, John Lynch, the Democratic Governor of New Hampshire, signed into law HB1297. The new law declares, “No New Hampshire state agency, department, or political subdivision shall plan, create, participate in or enable a state-based exchange for health insurance under the Act, or contract with any private entity to do so.”
A number of governors are lining up to follow New Hampshire’s lead.
On Fox News last Thursday night, Louisiana Governor Bobby Jindal declared, “Absolutely, we’re not implementing the exchanges. We’re not implementing ObamaCare”
Wisconsin Gov. Scott Walker’s reaction to the ruling was essentially the same thing: “Wisconsin will not take any action to implement ObamaCare.”
And in Florida, from Governor Scott, “We’re not going to implement Obamacare in Florida. We’re not going to expand Medicaid because we’re going to do the right thing. We’re not going to do the exchange.”
While opponents of Obamacare certainly have something to cheer about with this level of non-compliance, they shouldn’t consider these small steps a silver bullet to stop the act either.
A report in the Atlantic points out that if the states won’t set up their own exchanges, the federal government will run the exchanges for them.
But a long history of state noncompliance has shown that when done in larger numbers – and in unison – the federal government often doesn’t have the resources to implement such laws on their own.
In response to the 1850 Fugitive Slave Act, which mandated that northern states act as slave catchers for the south, virtually all those states passed what were known as “personal liberty laws” refusing compliance with the federal act. They were so effective in doing so, that when South Carolina seceded, they listed it as their number one reason for doing so.
And, in more recent years, states have shown the ability to be effective through non-compliance too.
2 years after the 2005 Real ID act was passed, Maine, New Hampshire, Utah and others began passing state laws and resolutions either denouncing or refusing compliance with the federal act. While the law remains on the books in congress, and has never been challenged in court, it sits null and void in much of the country today.
The message, say nullification supporters – refusing to comply works.
But, as Tenth Amendment Center communications director, Mike Maharrey, points out – to be effective, such statements need to be backed up with action, and not just words alone.
He said, “Other than from the Democrat in New Hampshire, I’m a little annoyed by some of the statements coming from these Governors. What I’m seeing is that they plan on refusing to implement exchanges, or Obamacare in general. But, each one is couching that statement with a pretty big caveat. ‘until after the November election.’ They’re telling us that they only have to hold out a few months with this newfound backbone, then Romeny is going to win, repeal the law, and everything will be better.
While I applaud each one of them for taking this first step towards nullifying the act, they’re certainly going to have to follow through well-beyond this fall if they’re going to have any effect. Either way, it’s going to be up to the people themselves, to take action – and demand that their state legislatures pass laws fullying nullifying the Affordable Care Act. That’s where we’ll find out who has backbone – and constitutional principles”
According to reports coming in from around the country, people are taking action – and not just relying on state executives – or the inspiration for Obamacare – to save them.
In Oklahoma, the state chapter of the Tenth Amendment Center, along with a number of local grassroots groups, are sponsoring an event on July 7th on the steps of the state capitol, Rally for Healthcare Independence.
More than 200 have already registered for the event, and news is spreading amongst local activists.
According to event organizers, “it is up to us now, We the People of Oklahoma, to work with our State Legislators to send a clear message to Washington DC; we do not believe this ruling is Constitutional.”
Find more event information at oklahoma.tenthamendmentcenter.com
In Texas, the San Antonio Tea Party has announced its support for nullification as the proper recourse against the act.
The Florida Tenth Amendment Center and the Florida Taxpayers Union are also pressing for a full nullification of the act. In Kentucky, Jordan Palmer created a petition calling for state legislators to recite a pledge to the Commonwealth and urging the Kentucky legislature to nullify the Affordable Care Act.
Groups around the country are doing the same, and they’re mostly promoting the use of the Tenth Amendment Center’s model legislation, the Federal Health Care Nullification Act.
It states, in part,
“This state declares that the Patient Protection and Affordable Care Act is not authorized by the Constitution of the United States; is declared to be invalid in this state, shall not be recognized by this state, is specifically rejected by this state and is considered void and of no effect in this state.”
The legislation also includes penalties for federal agents,
“An official, agent or employee of the United States Government who enforces or attempts to enforce an act, order, law, statute, rule or regulation of the United states Government in violation of this act is guilty of a Class 4 Felony.”
Get the full language of the bill online at TenthAmendmentCenter.com
State legislators around the country have been in contact with the TAC and sources close to our team tell us to expect 10-12 states, at minimum, considering such legislation this coming year.
One legislative aide summed up the mood, “Enough is enough. We are going to make this illegal no matter what happens in DC!”
- States are Rejecting Exchanges, 4 more states looking to Nullify. And more.Tenther News: 11-19-12 - November 20, 2012
- TSA Nullification, Rejecting Health Exchanges: Tenther News for the week of 11-12-12 - November 14, 2012
- States Set to Nullify on Mandates and Drug War: Tenther News for the week of 10-29-12 - November 1, 2012