State leaders are now clashing over healthcare lawsuits: http://www.reuters.com/article/idUSTRE62P4U720100326.

My own survey of Constitutional scholars seems to match the story above – the SCOTUS is going to use the Supremecy Clause to allow mandates. The problem with that is the Supremecy Clause states that when Congress exercised one of its constitutional powers, a state cannot interfere with it, but in this case it is the Supreme Court which will have to also state that forcing mandates on us is a constitutional power granted to the Congress and the only way to do that is to once again take license with the Commerce Clause in grating the Congress that power. Does anyone see the insanity here? Does anyone see that we now have three branches of government that are working against us?

Repeal is out. I don’t buy for a second, especially given the recent backtracking by some in the GOP, that they are going to actually do anything other than pay lip service to a nervious populace. Given the above story, I think nullification out of the starting gate is a non-starter. The peope will have to put the bone back in backbone for state leaders.

However, there is a blueprint for victory laid out by Michael Boldin. I lay out his case as well as the reasons why ignoring a real alternative that relies on individual power as opposed to other power is a threat to our country. As I stated, this is no longer nullification out of the starting gate.

If the state leaders are fighting over lawsuits, forget about them adopting an approach like nullifying ObamaCare. No, this is the people taking back the government MLK and Gandhi style – by massive non-violent civil disobedience. As soon as the state leaders realize they have a large movement gathering strength, they will be foreced into action or forced out of office. In many states, leveraged power exists for citizens to remove governors and state legislators. The Tea Parties should concentrate some if not most of their power on organizing a massive scale civil disobendience campaign targeted at ObamaCare with heavy pressure on state leaders at the goveror and state legislatures.

We cannot afford to be wobbly here and risk the Republic by placing trust in the hands of the Supreme Court and the GOP in Congress. It would be negligent of us to do so and would amount to ignoring our duty. Our founders put the power in the hands of the people. The fact that courts and the Congress have absconded with those powers through manipulation and outright ignorance of the constitution does not make it so that we are subservient to them. As we are “the people” it is our duty to ensure the national governement does not overstep its bounds.

The case for doing so and how it would work are outlined here:

http://tinyurl.com/yadm625

Then we win the battle but lose the war. Check out: http://tinyurl.com/yadm625

I make the case why relying of the SCOTUS is dangerous and really just a temporary band-aid. There will be other times they will vote against us for legislation just as egregious as this. One of the comments “why have a constituion” is spot on and a very good question.

I agree with Napolitano, I disagree this will cure our woes as the link to Dr. Hunters post indicates. Politicans and Judges have all the power now. They are not going to just give it up. Our founders understood human nature, which is why the Marshall Court surprised many and cause them to doubt the long-term future of our Republic.