Health Care Nullification: Things have just gotten underway
21. Dec, 2009
by Michael Boldin
“The several States composing the United States of America, are not united on the principle of unlimited submission to their General Government.” –Thomas Jefferson
For the past few days, I’ve received loads of emails urging me to get active regarding the healthcare vote – most of which had a subject line similar to: “Last Chance to Stop National Healthcare!”
Well, if you believe the only way to protect your rights is by begging federal politicians to do what you want, then these emails are certainly right. The vote went as expected, and so will the next.
So if you think marching on D.C. or calling your Representatives, or threating to “throw the bums out” in 2010 or 2012 or 20-whatever, is going to further the cause of the Constitution and your liberty – you might as well get your shackles on now. Your last chance has come and gone.
But, those of you who visit this site regularly already know that the Senate’s health care vote is far from the end of things – and you also know that even when it goes into effect (which I assume some version will), it’s still not the end of the road for your freedom.
The real way to resist DC is not by begging politicians and judges in Washington to allow us to exercise our rights…it’s to exercise our rights whether they want to give us “permission” to or not.
Nullification – state-level resistance to unconstitutional federal laws – is the way forward.
When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as that state is concerned.
It’s peaceful, effective, and has a long history in the American tradition. It’s been invoked in support of free speech, in opposition to war and fugitive slave laws, and more. Read more on this history here.
Regarding nullification and health care, there’s already a growing movement right now. Led by Arizona, voters in a number of states may get a chance to approve State Constitutional Amendments in 2010 that would effectively ban national health care in their states. Our sources here at the Tenth Amendment Center indicate to us that we should expect to see 20-25 states consider such legislation in 2010.
20 States resisting DC can do what calling, marching, yelling, faxing, and emailing has almost never done. Stop the feds dead in their tracks.
For example, 13 states are already defying federal marijuana prohibition, and the federal government is having such a hard time dealing with it that the Obama administration recently announced that they would no longer prioritize enforcement in states that have medical marijuana laws.
HMG, I hear you.. Only in this case though they have made it that much more difficult for the states. The States would have to explicitly opt-out of the federal approach. Now it is still unclear how a federal approach that does not include a public option would be opted out of.. the mechanics of it is still unclear, but it may become politically difficult as it would convey poor optically that a state withdraws from an approach meant to do good for poorer people (not that it does really).
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Democracy needs defending - SOS Hillary Clinton, Sept 8, 2010 Democracy is more than just elections - SOS Hillary Clinton, Oct 28, 2010
I hope the states takes them to court, and bombards them with millions of suits, and billions of documents, that they will have to read and work 24/7 to address the issues, and the cost.
Yes, there is a big chance of States taking them to court. There are many attorney generals that are poised to do exactly that.
This of course would be AFTER something passes.
Meanwhile, the chambers have done a really good job of keeping the governors' offices informed of various versions of the bill. I have seen a couple of summaries that have gone around. It takes a lot of research to find these.... (and I lost a few of them recently ) But yes those are around.. If I can research and find some again, I will post.
-- Edited by Sanders on Sunday 27th of December 2009 11:45:11 AM
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Democracy needs defending - SOS Hillary Clinton, Sept 8, 2010 Democracy is more than just elections - SOS Hillary Clinton, Oct 28, 2010