Don’t mess with Texas…

Discussion in 'Healthcare/Insurance/Govt Healthcare' started by Capitalist, Dec 6, 2010.

  1. Capitalist
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    Capitalist Jeffersonian Liberal

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    Texans take their rights seriously.
    A bill that has been prefiled for the 2011 state legislative session creates penalties of up to $5,000 in fines and up to five years in jail for anyone guilty of the “felony” of attempting “to enforce an act, order, law, statute, rule or regulation” of Obamacare, the president’s plan that effectively nationalizes the health-care decision making process.
    The plan by Texas Rep. Leo Berman, R-Tyler, effectively would nullify the federal health care legislation in his state.
    At least, that is what the bill that “relates to federal health care legislation” says:
    The federal Act:
    (1) is invalid in this state;
    (2) is not recognized by this state;
    (3) is specifically rejected by this state; and
    (4) is null and void and of no effect in this state.
    It provides that “a person who is an official, agent, or employee of the United States or an employee of a corporation providing services to the United States commits an offense if the person enforces or attempts to enforce an act, order, law, statute, rule, or regulation of the United States in violation of this chapter.”
    It explains that the “assumption of power by the federal government in enacting the Patient Protection and Affordable Care Act (H.R. 3590; Pub. L. No. 111-148) as amended by the Health Care and Education Reconciliation Act of 2010 (H.R. 4872; Pub. L. No. 111-152) interferes with the right of the people of this state to regulate health care as they determine is appropriate, and makes a mockery of James Madison’s assurance in Federalist Paper Number 45 that the powers delegated to the federal government are ‘few and defined’ while those that remain in the state governments are ‘numerous and indefinite.’”
    Rest here>>>
     
  2. chanel
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    chanel Silver Member

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    Doesn't federal law trump state law?
     
  3. Capitalist
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    Capitalist Jeffersonian Liberal

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    Constitutional Federal law or Unconstitutional Fed. law?
     
  4. RetiredGySgt
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    RetiredGySgt Platinum Member

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    Yes. Unless the Supreme Court over turns the law, Congress repels it and the President signs it OR the States wage revolution to oppose it.

    No matter how odious a law a single State can not nullify it with a law. Nor can they prevent Federal Courts in their State from passing legal rulings on failure to follow said law.

    This will never pass and if it does it is on its face Unconstitutional. Texas can only enforce such a law with insurrection.
     
  5. RetiredGySgt
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    RetiredGySgt Platinum Member

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    The States do not get to determine what is or is not Constitutional except through the Courts or calling a Constitutional Congress and changing the Constitution.
     
  6. editec
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    editec Mr. Forgot-it-All

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    Texas is pondering whether or not to pass a Feel-good nonsense law.
     
  7. Si modo
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    Si modo Diamond Member

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    The Divider is making states challenge the fed at a level unprecedented since the Civil War.

    Good for Texas, and the other 13 states suing the fed, on this.

    Good for Wyoming on the Firearms Freedom Act, too.
     
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    Last edited: Dec 6, 2010

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