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6 States Want to Nullify Obamacare With Opt Out Law

Interesting question, is Obamacare even Constitutional?

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.

COMMENTS

  • http://www.RedState.com/ETCartman Kenny Solomon

    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 ?

    • ObamaNo

      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.

      • Next93

        But only when there’s a republican in the white house.

  • Jim

    “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.

  • http://theadmiralsbridge.blogspot.com/ theadmiral

    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!?

  • citadelsdaughter

    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.

    • Karina

      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.

      • citadelsdaughter

        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.

        • George Claghorn

          The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

          No bill of attainder or ex post facto Law shall be passed.

          No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.

          No tax or duty shall be laid on articles exported from any state.

          No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one state, be obliged to enter, clear or pay duties in another.

          No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.

          No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.

          I believe those would be examples of laws that Congress cannot pass.

          • eburke

            constitution to argue your point about what’s constitutional…..

            wait a minute…can you do that?

    • Vegas_Rick
      • George Claghorn
    • DONTREADONME

      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!

      • bs

        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:

        • mbecker908
          • bs

            but the implication from the dipwad OP was that the fact that they’ve passed something automagically makes it constitutional, which is hooey.

      • http://theminorityreportblog.com David Hinz

        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

    • http://moelane.com/ Moe Lane

      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.

      • janis

        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.

      • mbecker908

        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.

        • http://theminorityreportblog.com David Hinz

          Death Camps for the Unborn…

          ….a very illustrative image.

      • blooch

        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.

    • http://briansimpson.wordpress.com Brian Simpson

      I can’t believe no one else said this yet!

      • Karina

        That was hilarious! Thanks for the laugh!

      • George Claghorn
  • DerKrieger

    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?”.

  • johnt

    It better, the fascist Dems are attempting to wrap the country up just prior to ruining it.

    • DerKrieger

      Regarding the nullification of Obamacare I’d like to know how these states would avoid the federal taxation the program would require.

      • redneck_hippie

        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!

      • Jim

        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.

  • mbecker908

    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.

    • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

      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

      • mbecker908

        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.

        • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine
          • mbecker908

            the enforcement of the 10th Amendment as a whole.

          • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

            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.

  • clement

    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?

  • constitutionalistconservative

    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!

  • rushy

    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!!