The propensity of federal over-reach programs to die on the vine, to fail due to bureaucratic entropy over time is the newest BIG SECRET. Yes, federal programs sometimes seem to rise like the Phoenix, again and again, but in today’s climate of falling budgets, and an economy elongated downturn, things are different.

Matt Ehling, in his article entitled, “REAL ID, No Child Left Behind, and the future of the Affordable Care Act,” is a review of some classic and well known federal programs that have suffered the realities of time and distance from their source, the federal gang in DC. Discussing the reality behind big ticket programs and their status today among the states provides sound strategies and tactics for use in nullifying other government over-reach programs, including ACA or Obama Care, says Mr. Ehling.

‘Approved’ by the President does not mean accepted, implementable or fund-able at the State level, not by a long shot, as shown by Ehling in his article. Using the ACA program, he points out how confused and misunderstood it is, and suggests that it too, will suffer at the hands of systemic, bureaucratic and harsh reality of funding issues in economically trying times. (Here is a short quiz allowing you to see if you do understand the ACA or Obama Care)

This is important as a background and a reality check for any TAC strategy to strengthen State’s Rights via legislation and other actions. Knowing how existing federal programs are fairing and what has helped or impeded them, can be valuable in any successful strategy. There are lessons in his article for TAC, creating more robust strategies and tactics for success in the battle for State’s Rights Chrestomathy, as it develops over time.

Matt Ehling, makes some solid points relevant to TAC, in his article entitled, “REAL ID, No Child Left Behind, and the future of the Affordable Care Act.” He makes a strong case, by looking back at several federal programs and the inherent impediments, road blocks that have become apparent in recent years. He analyzes the REAL ID program and No Child Left Behind to show the difficulties today in any effort to implement them at the State level.

There is another leg to the platform, another tool in the arsenal and should be understood. As in jujitsu it is the secret of using the weight and hubris of your opponent to best them. So it is something to be included in the TAC State’s Rights Chrestomathy, and integrated into any strategy against government over-reach into our lives, out fortunes and our blessings of liberty.

And he asks the question, just how well will the Affordable Care Act, popularly known as Obama Care, fare in this environment? Matt asks, “ Even though it bears the president’s signature, one can’t help but wonder whether some of the ACA’s key provisions will be rendered moot because they cannot ultimately be enforced.”

I believe TAC State’s Rights Chrestomathy is strengthened by including Ehling’s insights into factors that have heal other federal mandated programs “…moot because they cannot ultimately be enforced.” Mr. Ehling includes among the factors that have impeded, if not stopped other programs as named in the title of his article, including some of the following:

  • Unrealistic goals, with no plan for implementation by the States
  • Funding mechanisms unclear and State’s not able to fund
  • Threats by federal government against States non compliance, bark, no bite
  • Congress and Supreme Court over-reach via Constitution and State’s realization of this
  • Economic down-turn times are not favorable to any massive and expansive programs
  • Federal Debt and taxation, more of each hurt everyone at the State and individual level

Mr. Ehling refers to this as a “A recipe for non-compliance:”

“The ACA’s health care exchanges appear to be the next in a series of ambitious federal programs that share the following lineage:  The establishment of sweeping goals without clear funding mechanisms, followed by implementation during a period of economic crisis. While Congress may be able to muster the political will to enact such programs, the federal government increasingly seems to be unable to whipsaw states into complying with the vast complexities and costs of their mandates. “

He goes on to present the idea that “The object lesson here is one of dissonance between the political system and reality on the ground.  It is one thing to get a congressional majority to pass a sweeping legislative package.  It is a very different thing to shoehorn thousands of school districts into compliance with a statutory scheme such as No Child Left Behind.”

“It is almost certain that the ACA’s directive to run millions of uninsured Americans through (largely) non-existent state exchanges will face similar hurdles.”

TAC and any State seeking to legislate or take non-compliance, non violent stances against any federally mandated program, should take heed of these observations. The TAC’s State’s Rights Chrestomathy can now include, not only nullification and secession modules, chapters and action plans, but a litany of ‘lessons learned’ from other federally funded programs that made them moot and clearly cases of non-compliance by a State, leading to non-existence in the State.

Not only is the TAC’s State’s Rights Chrestomathy a valuable book of Actions, but there is an inherent “S Curve” identify-able for the live cycle of federal programs. That is, once mandated by Congress, they will continue along a path of success or failure, moving up the base of the S Curve, and a series of ‘Go or No Go’ situations unfold over time. First, without funding directly offered,, it is a No Go. Then there is the ‘unrealistic goals’ and total unrealistic local acceptance by the State/people in a particular State that will just not be there, no political support. Further up the S Curve is the setting up a huge bureaucracy to handle the program and the cost that can be a ‘No Go’ at any particular State-level.

So, I see more and more resistance to federal over-reach in programs just not feasible, viable or now being seen by individual State’s as non applicable, and whereby there is a solid ground swell of non-compliance.

The ACA appears to be on the S Curve, being politically promoted from DC, but confronting non-compliance and nullification strategies out of the TAC State’s Rights Chrestomathy. The probability of it being ‘dead on arrival,’ a moot point in one or more States, a really solid “No Go” program is better and better and better every day!


P.S. The State Right’s Chrestomathy is a body of the most important, influential or superior works defining the 9th & 10th Amendments, that are a subset of the ‘Liberty Tome’ of natural rights; recognizing its fullness, coming out of the ‘shadows’ like “shadow owes its birth to light.” ( Thank you John Gay, 18th century poet and dramatist).

Thanks for your time gents and ladies…


Noel Berge

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