Friday, February 4, 2011

Idaho's ObamaCare Nullification Bill Is Constitutional

This excellent article quotes from the Constitution and the Federalist Papers to rebut the opinion of Idaho's AG that Idaho's healthcare nullification bill is unconstitutional.

The last election demonstrated that the American people do not want nationalized health care. One of the first things the new Congress did was repeal it. Idaho's two congressmen voted for repeal.

On Monday another federal district court judge agreed with 26 state-government plaintiffs, including Idaho, and ruled that the new national health care law is unconstitutional, and that the entire law must be voided.

The lawsuits and the fight to repeal this in Congress will likely last for years. Many have concluded that the best strategy is nullification on a state-by-state basis. With so much of our freedom and prosperity at stake it is highly advisable to pursue all three strategies.

Nullification refers to the process by which a state passes a law declaring certain federal laws to be null and void within that state based on the absence of constitutional authority for the federal government to pass such laws. Historian Thomas Woods has written an excellent history of state nullification of federal laws in his book, "Nullification: How to Resist Federal Tyranny in the 21st Century."

In recent years dozens of states, including Idaho, have introduced various nullification-type bills to stop Real ID, to affirm the Tenth Amendment, to reject federal firearms laws for guns manufactured, sold, and used intrastate (known as Firearms Freedom Acts), and to reject the federal mandate to buy healthcare insurance. With a couple dozen states taking a stand against various aspects of the Real ID Act, this federal program has been effectively stopped.

At least twelve states, including Idaho, have introduced bills this year to nullify the entire new health care law!

These twelve bills would nullify the “Patient Protection and Affordable Care Act” and “Health Care and Education Reconciliation Act of 2010” because they were not authorized by the Constitution of the United States. Nearly all of these state bills have a provision for criminal penalties for federal and state agents who would try to enforce the federal mandate within that state.

Idaho estimates that nullification will save state taxpayers initially more than $228,000,000!

It's appalling that some would waste our time and taxpayer dollars implementing this unconstitutional federal mandate, another bureaucracy like those that have never worked and cannot succeed and will only further destroy our freedom and prosperity.

While it appears that we are on the way to having nullification bills introduced in 20 or more states within the next year, it is necessary to get as many as possible of the already-introduced bills passed. It's hard to predict the course of events in this situation, but it would be a healthy first step toward restoration of federalism, where states are asserting their Tenth Amendment powers as parties to the compact that created the federal government in the first place.

The states should rein in our out-of-control federal government by enforcing the Constitution through nullification of unconstitutional federal mandates!

Click here to send an email message in support of nullification of the entire ObamaCare law to your state representative, state senator, governor, lieutenant governor, and attorney general. We must stop ObamaCare before it destroys our healthcare system!

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