Six states are currently looking to add an “opt out” law to their books to protect citizens from the possibility of a national healthcare plan imposed by federal fiat.
Arizona started the ball rolling by introducing the Health Care Freedom Act, a voting initiative that will be put before voters on the 2010 ballot. If accepted by the majority of the voters, Arizona will be able to opt out of any federal healthcare laws passed by Washington. Indiana, Minnesota, New Mexico, North Dakota and Wyoming are considering similar measures.
The arrogance of Congress and the president worries many of these state lawmakers, some even consider Obama’s healthcare policies a naked power grab.
Some state legislators say they worry that a government-mandated program will effectively eliminate their traditional role in regulating health insurers — an important power base. Others raise constitutional concerns. “The real goal of national health insurance exchange isn’t competition — it’s a federal power grab that flies in the face of the Tenth Amendment,” says Wisconsin state Rep. Leah Vukmir, a Republican.
Just for a point of reference, here is the Tenth Amendment to the United States Constitution:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Now, I’ve read the Constitution several times and I don’t see a single place in it where it talks about hospitals, doctors, or healthcare, nor especially where it might say that the federal government should control all such activities from Congress and pay for it all out of the national treasury. Then again, the Constitution hasn’t mattered to any Democrat for decades, so why worry about that now?
In any case, this is an interesting movement on the part of six brave states. Let us hope that this idea spreads to others and Obamacare, should we be so unfortunate enough to have it pass through Congress, could be stopped dead at the borders of the various states.
Moe Lane
bs
Caleb Howe
Dan McLaughlin
Vladimir
".......the Constitution hasn’t mattered to any Democrat for decades, so why worry about that now ?"
Kenny Solomon Sunday, June 28th at 8:05AM EDT (link)Spot on. Good show. Hip-hip and all that.
My questions regarding that exact point, constitutionality, are based on simplicity.
Other than 2nd Amendment issues being taken on by The NRA, nothing has been constitutionally challenged anywhere by anyone……
Why ?
Is everyone in DC and the political/legal structure “in on it all” ?
Can a lone American citizen with just a few sheckles in the bank take on the entire power base in the attempt to stop the madness ?
Kenny Solomon
DC Works For Us
http://www.dcworksforus.com
— — — — —
Bernard Sansaricq - FL-23 Candidate
http://www.sansaricq4congress.org
— — — — —
Lt. Col. (Ret.) Allen West - FL-22 Candidate
http://www.allenwestforcongress.com
— — — — —
Robert Lowry - FL-20 Candidate
http://www.lowryforcongress.com
I Have Wondered About That
ObamaNo Sunday, June 28th at 8:55AM EDT (link)Our government has become tyrannical and that’s not cool. I truly fear for my financial future - and it’s not like I’m rich. I just want to be able to take care of myself but it appears the government is intent on not allowing that at all.
dems care TONS about the constitution!
Next93 Sunday, June 28th at 9:47AM EDT (link)But only when there’s a republican in the white house.
Constitutional limits on the powers of the federal government:
It’s not just the law, it’s a good idea!
The Constitution hasn't matter to just about anyone...
Jim Sunday, June 28th at 8:15AM EDT (link)“Then again, the Constitution hasn’t mattered to any Democrat for decades, so why worry about that now?”
The Constitution hasn’t mattered to just about anyone in Washington D.C. for the last 100 years with precious few exceptions. Going back to Teddy Roosevelt, Woodrow Wilson, and many other progressives of the early 20th century there was a distinct notion that the Constitution is meaningless. Obamacare is simply the latest in a long list of federal programs/edicts that are blatantly unconstitutional (Social Security, Medicare, Medicaid, Sedition Act of 1918, the New Deal, the Great Society, etc.).
Nonetheless, it is encouraging to see states starting to make noise about the 10th amendment. As this federal monster continues to grow more and more out of control with debt, inflation and higher taxes, I hope that more states begin to simply ignore the diktats of Washington.
“On the free market, everyone earns according to his productive value in satisfying consumer desires. Under statist distribution, everyone earns in proportion to the amount he can plunder from the producers.”
Murray Rothbard
The same can be said
Stephen Halsey Sunday, June 28th at 9:24AM EDT (link)for the national energy code provisions of crap and tax. Where in the Constitution does it give Congress the power to force individuals to comply with draconian energy regulations before they can sell their OWN house!?
Hit hard. Hit fast. Hit often.
http://theadmiralsbridge.blogspot.com
http://twitter.com/stephen_halsey
Legislators legislate
citadelsdaughter Sunday, June 28th at 11:19AM EDT (link)The constitution allows congress to make laws. You may not like the result but your complaint that this is unconstitutional is delusional. This thread reminds me of the complaint that income tax is unconstitutional. Please get serious.
Have you ever READ the Constitution?
Karina Sunday, June 28th at 12:32PM EDT (link)It does not allow Congress to make whatever laws they want. There are many things they try to do which are unconstitional which is why the Founders put our system of checks and balances in place. I would suggest you do a mind dump of the public school system education you have and reeducate yourself on the truth regarding the history of this country.
“Let me give you my vision: A man’s right to work as he will, to spend what he earns, to own property, to have the state as servant and not as master. These are the British inheritance. They are the essence of a free country, and on that freedom all of our other freedoms depend.” -Margaret Thatcher
Educational Mind Dump
citadelsdaughter Sunday, June 28th at 12:54PM EDT (link)No one could accuse you of not taking your own advice, Karina, but perhaps I can get this comment in before your next Mind Dump.
Congress CAN make any laws it likes. Checks and Balances are provided by the other branches.
Direct quote from the US Constitution
George Claghorn Sunday, June 28th at 1:29PM EDT (link)I believe those would be examples of laws that Congress cannot pass.
“Victory comes, though we know not when. We must be happy warriors until the end.
For those of you who struggle with what goes on, who see retreat and capitulation, and who feel like not just your political opponents, but those who hold dear all those things you hold as blasphemous — be cheerful. Be happy. Victory is already yours.
You must just have the courage to not get discouraged and have the will to fight on.” – Erick Erickson at RightOnline
Gee, George, if you have to resort to quoting from the
eburke Monday, June 29th at 8:28AM EDT (link)constitution to argue your point about what’s constitutional…..
wait a minute…can you do that?
“All that need be done for evil to triumph is for good men to do nothing.”
“Dead fish go with the flow” ~ izoneguy
“We have a Statue of Liberty not a Statue of Necessity” ~ ColdWarrior
Your post reminds me of someone who HAS NO CLUE about the constitution. nt
Vegas_Rick Sunday, June 28th at 1:37PM EDT (link)“Nothing in this world can take the place of persistence. Talent will not; nothing is more common than unsuccessful people with talent. Genius will not; unrewarded genius is almost a proverb. Education will not; the world is full of educated derelicts. Persistence and determination alone are omnipotent. The slogan ‘press on’ has solved and always will solve the problems of the human race.” Calvin Coolidge.
5 (nt)
George Claghorn Sunday, June 28th at 1:40PM EDT (link)“Victory comes, though we know not when. We must be happy warriors until the end.
For those of you who struggle with what goes on, who see retreat and capitulation, and who feel like not just your political opponents, but those who hold dear all those things you hold as blasphemous — be cheerful. Be happy. Victory is already yours.
You must just have the courage to not get discouraged and have the will to fight on.” – Erick Erickson at RightOnline
this comment is the illustrates the problem of public education...
DONTREADONME Sunday, June 28th at 1:48PM EDT (link)You single handedly made the most ignorant statement I have seen from a troll. At least the other trolls hide their stupidity. I think you missed the 16th amendment in your reading of the U.S. Constitution. The Constitution states that Congress makes laws but it cannot make laws on issues that are not afforded to it by the U.S. Please get a life!
Agreed.
bs Sunday, June 28th at 3:17PM EDT (link)Most of the troll comments we get have at least a shred of accuracy. That one was just so comically stupid that it’s hard to believe the person even posted it. “Beclowned” doesn’t start to describe it.
We used to get a better class of trolls. :sigh:
Decorum is fo’ suckas - unless it’s one of the good guys
It may be a "stupid comment" bs, but it's how the Congress really works. nt
mbecker908 Sunday, June 28th at 4:15PM EDT (link)Congress can pass anything they want.
bs Sunday, June 28th at 5:54PM EDT (link)but the implication from the dipwad OP was that the fact that they’ve passed something automagically makes it constitutional, which is hooey.
Decorum is fo’ suckas - unless it’s one of the good guys
actually the troll was right!
David Hinz Sunday, June 28th at 3:48PM EDT (link)congress can pass any law it likes — then it is up to the Executive Branch [President Obamessiah] to veto it if he thinks its wrong, or the US Supreme Court to declare it unconstitutional [you know, like McCain-Feingold]
/snark
The Minority Report — The HinzSight Report — TMRB.tv — MFOB “Miss Tagart, do you know the hallmark of the second-rater? It’s resentment of another man’s achievement.”
Took you long enough to go off.
Moe Lane Sunday, June 28th at 1:56PM EDT (link)I was starting to wonder if you ever would, in fact. Impressive, in its way.
Thanks for stopping by!
Moe Lane
PS: Your ‘argument,’ such as it was, would inexorably lead to the position that if Congress passed a law allowing the government to put [Insert minority group here] into death camps, it would then be constitutional. That’s stupid. Not to mention depraved.
Check out my new blog at http://moelane.com/.
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My (blogging-related) wish list.
Guess that was our treat for being good this Sunday,
janis Sunday, June 28th at 2:01PM EDT (link)so thanks, Moe. I went back and read her comments and concluded that she was due to cook off any minute. Glad this pushed her buttons.
Well, that particular example may not be such a good one Moe.
mbecker908 Sunday, June 28th at 3:44PM EDT (link)The SCOTUS, in 1973, did just exactly that with Roe. They limited the death camps to pre-viable children. The various states have expanded and extended the ‘73 decision to include every child who is not fully birthed. Obama supports extending that even further to include children who’ve been born alive with his infanticide legislation in IL.
Up to now, no court has chosen to decide that the progressive death camps run by Planned Parenthood and their ilk are NOT just a hunky-dory application of the law since the unborn are NOT really people.
5x5x5^ nail meet hammer
David Hinz Sunday, June 28th at 4:22PM EDT (link)Death Camps for the Unborn…
….a very illustrative image.
The Minority Report — The HinzSight Report — TMRB.tv — MFOB “Miss Tagart, do you know the hallmark of the second-rater? It’s resentment of another man’s achievement.”
Thanks for that link, Moe.
blooch Sunday, June 28th at 4:37PM EDT (link)I missed that pic of Michelle the Lycan the first time around. The White House website should post that one–and five more like it–next time Barry does a press conference on Iran.
“The government has absolutely no right to keep *peaceful* individuals out of the U.S.”–mtnrunner2
Another child left behind.
Brian Simpson Sunday, June 28th at 2:59PM EDT (link)I can’t believe no one else said this yet!
Twitter | Facebook | Digg |
Important principles may and must be inflexible. ~ Abraham Lincoln
55555 Brian!
Karina Sunday, June 28th at 3:51PM EDT (link)That was hilarious! Thanks for the laugh!
“Let me give you my vision: A man’s right to work as he will, to spend what he earns, to own property, to have the state as servant and not as master. These are the British inheritance. They are the essence of a free country, and on that freedom all of our other freedoms depend.” -Margaret Thatcher
5^infinity (nt)
George Claghorn Sunday, June 28th at 3:55PM EDT (link)“Victory comes, though we know not when. We must be happy warriors until the end.
For those of you who struggle with what goes on, who see retreat and capitulation, and who feel like not just your political opponents, but those who hold dear all those things you hold as blasphemous — be cheerful. Be happy. Victory is already yours.
You must just have the courage to not get discouraged and have the will to fight on.” – Erick Erickson at RightOnline
Good development
DerKrieger Sunday, June 28th at 11:39AM EDT (link)After the success of the Dems in getting CAP passed I made a commitment to write to OK state Rep Charles Key, the key sponsor of OK’s 10th Amendment declarative statement last year, asking if OK would now step up and prove that the legislation was more than just a statement. Because if they allow the Fed to tell the states what to do with building codes, power generation, etc. then their legislation was useless. 13 states’ entire Congressional delegation opposed CAP. It’s time for these states to take a stand for their citizens.
If your state passed one of these 10th Amendment resolutions, contact the sponsor and all signers and ask them, “what now?”.
“In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” - Thomas Jefferson
“I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence (OBAMACARE – mine), the money of their constituents.” – James Madison
Nullification, glad to see the spirit lives.
johnt Sunday, June 28th at 11:51AM EDT (link)It better, the fascist Dems are attempting to wrap the country up just prior to ruining it.
“a man’s admiration for absolute government is proportinate to the contempt he feels for those around him”. Tocqueville
Taxation
DerKrieger Sunday, June 28th at 12:21PM EDT (link)Regarding the nullification of Obamacare I’d like to know how these states would avoid the federal taxation the program would require.
“In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” - Thomas Jefferson
“I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence (OBAMACARE – mine), the money of their constituents.” – James Madison
DerK, You asked a good one.
redneck_hippie Sunday, June 28th at 3:10PM EDT (link)We all heard on Friday how funding for Health Care is buried in the 300 page management amendment to Cap and Trade. Does that mean there will not be another deduction from our salary a la Medicare, Medicaid, Social Security, Obama Date Night, etc.?
How these devious pieces of sheet sneak their theivery past us!
“We must not lose our faculty to dare, especially in dark days.” - Churchill in March, 1942.
Remember NY-23; translation: RINOs Have No Base.
Here's how its done...
Jim Sunday, June 28th at 8:33PM EDT (link)Let’s see how the Kentucky legislature took aim at the Alien & Sedition Acts in 1798:
“Resolved, that the several States composing the United States of America, are not united on the principles of unlimited submission to their General Government; but that by compact under the style and title of a Constitution for the United States and of amendments thereto, they constituted a General Government for special purposes, delegated to that Government certain definite powers, reserving each State to itself, the residuary mass of right to their own self Government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force: That to this compact each State acceded as a State, and is an integral party, its co-States forming as to itself, the other party: 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 of itself, as well of infractions as of the mode and measure of redress.”
Of course this requires a follow-thru of the state legislature actually interdicting the federal law, tax, regulation, etc. Nullification is certainly not an easy path to go down, but it seems it is quickly becoming our fallback position since work on the federal level to restrain government has been an utter disaster for decades.
“On the free market, everyone earns according to his productive value in satisfying consumer desires. Under statist distribution, everyone earns in proportion to the amount he can plunder from the producers.”
Murray Rothbard
While I'm pleased at the action of my state
mbecker908 Sunday, June 28th at 11:55AM EDT (link)to put this on the ballot, if it passes it will go to the 9th Circus. Which will then uphold Obama’s right do be Mussolini and then we’ll see what SCOTUS thinks.
The regulation of interstate commerce, but...
Mike gamecock DeVine Sunday, June 28th at 2:35PM EDT (link)Clearly much of the health care bill is not the allowed regulation of interstate commerce, but neither was soc sec and medicare and yet they were upheld as constitutional and so I can’t see how the current Calhoun-like Nullification movement will end any better than the first one that Andrew Jackson nipped in the bud or the second iteration that Lincoln ended with more than nipping.
I think our best bet on Health Care is to mimic the competitive market aspects of the Rx bill and Romney’s Mass bill.
I have seen a number of 10th amendment/sovereignty actions in Texas, Montana et al that I think will be successful.
more later
Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson
I would generally agree Mike. I vastly prefer
mbecker908 Sunday, June 28th at 3:35PM EDT (link)alternative - and clearly Constitutional - legislation emphasizing the free market that what appears to be a Constitutional end-run.
As far as the various 10 Amendment resolutions I’ve seen, I think they’re a joke. First of all, it’s my understanding that as of now none are actually law, they’re just resolutions. If that’s the case, ya really can’t pick a fight with a resolution.
Montana is an exception with their INTRA-state gun law - nt
Mike gamecock DeVine Sunday, June 28th at 3:44PM EDT (link)Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson
OK, but that addresses only a specific issue not
mbecker908 Sunday, June 28th at 3:46PM EDT (link)the enforcement of the 10th Amendment as a whole.
Yes, that's right and quite frankly I can't imagine any state law
Mike gamecock DeVine Monday, June 29th at 9:26AM EDT (link)that could definitively enforce the 10th as a whole. I really think that the 9th and 10th both meant mainly to codify the Declaration of Independence’s unalienable rights clause and to make clear that we the people retained rights not listed in the 10th. They were made purposefully vague because they were already protected by their state constitutions and only feared the new fed govt they were creating.
Well, the beast was created and then judges became unrestrained beasts.
The only way that the beast could now be reigned in, if it can, is via one narrow issue at a time.
A real key in this regard was when senators stopped being selected by state legislatures as well.
Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson
I don't see how this helps...
clement Sunday, June 28th at 4:54PM EDT (link)At least in terms of if this bill passes. At best it is a good show of resistance. Afte all even if these states ‘opt out’ of federal healthcare they are still going to be paying federal taxes anyways. It is a lot like the public school system. Yeah you can send your kids to private school, just now you are paying for BOTH private school AND public school. Fun huh?
Great, more Californians!
constitutionalistconservative Sunday, June 28th at 11:05PM EDT (link)Looks like all those “do as I say, not as I do” liberal Californian’s will be running across the border to my beloved Arizona.
I had hoped that the real estate bubble burst was the last event to drive 1000’s of liberal Californian’s to Arizona for “cheap” housing. Looks like I was wrong.
Hopefully, Arizona’s Governor and Legislature can get their act together and start unifying to create a true Republican majority in Arizona. It is time to take our state back from the years of dealing with Napolitano. We all know the Arizona Repugnant (Republic) will decry Arizona’s wanting to break from President Obama’s policy and I hope that the Arizona voters are strong enough to take Obama’s policy to task.
If a break from Obama policy is brought to the ballot, I will be shouting the words from the rooftops to opt for “Change” from Obama’s socialist agenda.
If it means I still have to pay the tax (which hopefully can be repealed by a Republican President in 2012), but have the ability to keep my own healthcare, so be it. Not having a choice is what scares me to death!
Believing the American way is the ONLY way!
Live with Character; by doing the right thing whether people are watching or not!
Just wrote my State House Majority Leader
rushy Monday, June 29th at 12:58AM EDT (link)Not sure what the results will be, but I just wrote my State House Majority Leader asking him and the State GOP Leadership to draft similar bill (initiative).
This is a No Brainer!! I’ll wager any and all state initiatives giving states the power to opt out of ObamaCare would pass with massive majorities!!
This might also remind these clowns in DC what Federalism and the 10th Amendment are!!