- States Rights - Nullification With Baby
Exclusive To Rense
- On November 8, 2011, a three-judge panel
for the U.S. Circuit Court of Appeals for the District of Columbia issued another judicial hallucination regarding 'Obamacare'
stating "..the centerpiece of the health care law - a mandate
for individuals to buy health insurance or pay a fine - was an encroachment
on individual liberty, but no more so than requiring businesses to serve
all customers regardless of race. "The right to be free from federal
regulation is not absolute, and yields to the imperative that Congress
be free to forge national solutions to national problems, no matter how
local - or seemingly passive - their individual origins," wrote Judge
Laurence H. Silberman."
Later that night, the people of Ohio said no:
Ohio Votes to Nullify Insurance Mandates
"On the eve of the 213th anniversary of the passage of Thomas Jefferson's
Kentucky Resolutions of 1798, laying the intellectual groundwork of nullification,
the people of Ohio exercised their power and nullified the insurance mandate
in the Patient Protection and Affordable Care Act.
"Ohio's passed Issue Three, a constitutional amendment to preserve
their right to choose their own health care and health care coverage. Preliminary
returns indicated a wide margin of victory, with more than 60 percent approving
the amendment. The amendment makes it illegal for any local, state or federal
law to require Ohio residents to purchase health insurance, effectively
nullifying a key component of the PPACA.
"This signifies that state level resistance to federal power is not
just an old idea relegated to history books," Tenth Amendment Center
executive director Michael Boldin said, "It's something that's alive
and well right now."
"Ohio became the tenth state to reject the insurance mandates in the
"James Madison said that power over objects which in the ordinary
course of affairs concern the lives, liberties and properties of the people,
and the internal order, improvement and prosperity of the State would remain
with the states. Health care choices clearly fall into that category,"
TAC communications director Mike Maharrey said. "Ohio sent a strong
message to D.C. tonight. We are not going to just sit back and accept your
unconstitutional power grabs."
"On Nov. 10, 1798, the Kentucky legislature adopted resolutions authored
by Thomas Jefferson in response to the Alien and Sedition Acts. In these
resolutions, Jefferson explained the states' power to judge the constitutionality
of an act, while also asserting that unconstitutional federal acts hold
"He wrote, "That the government created by this compact was not
made the exclusive or final judge of the extent of the powers delegated
to itself; since that would have made its discretion, and not the Constitution,
the measure of its powers; but that, as in all other cases of compact among
parties having no common judge, each party has an equal right to judge
for itself, as well of infractions, as of the mode and measure of redress"
"Jefferson continued, "whensoever the General Government assumes
undelegated powers, its acts are unauthoritative, void, and of no force"
"As the federal government continues to grow, states have begun to
push back more aggressively. Fifteen states have defied the federal government
and legalized medicinal cannabis, and six years after the passage of the
Real ID Act, states continue to successfully resist its implementation.
"Nullification is so simple, even a 3-year-old can do it. You just
say, 'No!'" Boldin said. "Washington D.C. will never willingly
limit itself. It's up to the states to put a check on federal power and
say, 'No!' when Congress passes these unconstitutional acts. Ohio stepped
up and did that tonight. Thomas Jefferson would be proud."
Of course, this is a tremendous win in pushing back against the agenda
to impose a totalitarian noose around our necks. As I have written so many
times and most recently in my column,Sheriffs, state legislators, OWS and the constitutional
militia, you have to put teeth into all these efforts like the sluggish
Tenth Amendment movement; it's called the power of the purse and sword. While nullification
is gaining ground, there are still too many socialists, communists and
weak-kneed Republicans in the State Houses who refuse to get the job done.
The bottom line is it takes putting tremendous heat on your state reps
and senators, but unfortunately, too many Americans who are trying to make
a difference continue to be distracted with the garbage (beltway politics)
tossed out by the thoroughly corrupted dominant media and cable network
No doubt millions now know about the lawsuits below:
"On 10/25/11 Liberty Legal Foundation filed two simultaneous lawsuits
against the Democratic Party. Both lawsuits request injunctions prohibiting
the Party from certifying that Obama is Constitutionally qualified to run
for the office of President in the 2012 election. Without such a certification
from the Party, Obama will not appear on any ballot in the 2012 general
election. (Tennessee TN Complaint) (Federal DNC Complaint)."
While reading the announcement, I happened to spot this on their site:
Nullification Done Right
"A couple weeks ago I shared about why state laws nullifying Obamacare
were "toothless". This message references two nullification laws
we are trying to get passed in Tennessee that have "teeth." They
are TN SB620 and TN SB1108/HB0959 - please use these links to go to the
web site and download copies of each bill.
"The key point between these bills and nullification bills without
teeth is that they have a method of enforcement. These bills actually empower
local law enforcement to arrest Federal officials who attempt to enforce
nullified laws within the state. We are making good progress on getting
these bills the support they need. Already, we have TN Sheriffs affirming
that they will support this enforcement should the legislature pass these
"Please consider supporting similar legislation in your state. Rally
your state TEA Parties, Liberty and Constitutional groups to make their
voices heard that they want nullification with teeth." (Rest at site)
- I went and read those two bills linked in that posting.
I was particularly overjoyed to see this language in SB620:
"Further, the power to regulate commerce among the several states
as delegated to the Congress in Article I, Section 8, Clause 3 of the Constitution,
as understood at the time of the founding, was meant to empower Congress
to regulate the buying and selling of products made by others, associated
finance and financial instruments, and navigation and other carriage, across
state jurisdictional lines. This power to regulate "commerce"
does not include agriculture, manufacturing, mining, major crimes, or land
The language in TN SB1108/HB0959 is very strong, but again, while the sheriff
is the highest law enforcement officer in a county, please remember the
words of Patrick Henry: "Let Mr. Madison tell me when did liberty
ever exist when the sword and the purse were given up from the people?
Unless a miracle shall interpose, no nation ever did, nor ever can, retain
its liberty after the loss of the sword and the purse." I highly recommend
you go to this link and read the rest of what Patrick Henry
said because the tyrants out in the District of Criminals are
not going to relinquish control without a real fight.
When you talk about local law enforcement arresting "Federal"
officials, things can get tense. We don't want violence, which is why I
can't stress enough how important it is to understand the full meaning
of the Second Amendment: A well regulated militia, being necessary
to the security of a free state, the right of the people to keep and bear
arms, shall not be infringed.
While the bickering and 'business as usual' continues by the crooks, cowards
and criminals in the U.S. Congress, the battle for freedom has to be taken
to the state capitols and tell them we mean business: Stand up to tyranny.
Print out the bills above and send a copy to your state rep and tell him/her
to get off the dime, forget about the next election and stand up for the
right of the state to say no to the criminal syndicate out in Washington,
Also recommended reading - Larry Becraft, explains constitutional limitations
regarding the states regarding fish and wildlife: Jurisdiction Questioned (2004)
- http://www.devvy.com. You may also sign up for her free email alerts.
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