Will the states enact nullification legislation?

Discussion in 'Healthcare/Insurance/Govt Healthcare' started by HyenaKiller, Dec 22, 2009.

  1. HyenaKiller
    Offline

    HyenaKiller Custom User Tittie

    Joined:
    Dec 20, 2009
    Messages:
    60
    Thanks Received:
    14
    Trophy Points:
    6
    Location:
    USSA
    Ratings:
    +14
    I found this on another political forum, by Michael Boldin of the Tenth Amendment Center:

    "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.

    "Better yet, in the last 2+ years more than 20 states have been able to effectively prevent the Real ID Act of 2005 from being implemented. How did they do that? They passed laws and resolutions refusing to comply with it. And today, it’s effectively null and void without ever being repealed by Congress or challenged in court.

    "While the Obama administration would like to revive it under a different name, the reality is still there – with massive state-level resistance, the federal government can be pushed back inside its constitutional box. Issue by issue, law by law, the best way to change the federal government is by resisting it on a state level.

    "That’s nullification at work.

    "Over the years, wise men and women warned us that the Constitution would never enforce itself. The time is long overdue for people to start recognizing this fact, and bring that enforcement closer to home.

    "The bottom line? If you want to make real change; if you want to really do something for liberty and for the Constitution…focus on local activism and your state governments.

    "Thomas Jefferson would be proud!"
     
  2. HyenaKiller
    Offline

    HyenaKiller Custom User Tittie

    Joined:
    Dec 20, 2009
    Messages:
    60
    Thanks Received:
    14
    Trophy Points:
    6
    Location:
    USSA
    Ratings:
    +14
    This is our way to stop this ugly bill.
     
  3. oreo
    Offline

    oreo Gold Member Supporting Member

    Joined:
    Sep 15, 2008
    Messages:
    12,492
    Thanks Received:
    1,964
    Trophy Points:
    255
    Location:
    rocky mountains
    Ratings:
    +4,175


    It's an interesting concept--but I think the individual states that decide to do something like this--will have their feet to the fire--to come up with a better health reform bill than offered by the federal government.
     
  4. HyenaKiller
    Offline

    HyenaKiller Custom User Tittie

    Joined:
    Dec 20, 2009
    Messages:
    60
    Thanks Received:
    14
    Trophy Points:
    6
    Location:
    USSA
    Ratings:
    +14
    No bill is better then this bill
     
  5. FA_Q2
    Offline

    FA_Q2 Gold Member

    Joined:
    Dec 12, 2009
    Messages:
    14,329
    Thanks Received:
    2,091
    Trophy Points:
    255
    Location:
    Washington State
    Ratings:
    +4,329
    ^ agreed
     
  6. Joe Steel
    Offline

    Joe Steel Class Warrior

    Joined:
    Dec 11, 2009
    Messages:
    1,052
    Thanks Received:
    96
    Trophy Points:
    83
    Location:
    St. Louis, MO
    Ratings:
    +119
    You'd better read Article VI of the US Constitution first.

    Nullification is nonsense.
     
    • Thank You! Thank You! x 1
  7. FA_Q2
    Offline

    FA_Q2 Gold Member

    Joined:
    Dec 12, 2009
    Messages:
    14,329
    Thanks Received:
    2,091
    Trophy Points:
    255
    Location:
    Washington State
    Ratings:
    +4,329
    Explanation, references, anything useful? Or are you just blowing smoke?
     
  8. Navy1960
    Offline

    Navy1960 Senior Member

    Joined:
    Sep 4, 2008
    Messages:
    5,821
    Thanks Received:
    1,188
    Trophy Points:
    48
    Location:
    Arizona
    Ratings:
    +1,189
    Article VI only applies when a LAW IS CONSTITUTIONAL it does not apply when a law is unconstitutional , every court case from the Marshall Court to the current one has affirmed that principle so nullfication is a very real possibility. Fuirther, in the case of REAL ID which was passed by the Bush Administration many states openly opposed it and even passed laws that nullified it. Did the Fed. actually step in and use Article VI as a means to enforce it? the answer is no, actually the Fed. as recently as March of this year when announced by the Obama Administration is planning on nullifying the law itself. So yes, nullification is very real and is a very legitimate means to oppose "unconstitutional" legislation. This claim that Article VI or for that matter the commerce clause gives the Fed. unlimted power is complete nonsense and case law does not support it.
     
  9. Joe Steel
    Offline

    Joe Steel Class Warrior

    Joined:
    Dec 11, 2009
    Messages:
    1,052
    Thanks Received:
    96
    Trophy Points:
    83
    Location:
    St. Louis, MO
    Ratings:
    +119
    You didn't see the portion of Article VI I posted?
     
  10. Joe Steel
    Offline

    Joe Steel Class Warrior

    Joined:
    Dec 11, 2009
    Messages:
    1,052
    Thanks Received:
    96
    Trophy Points:
    83
    Location:
    St. Louis, MO
    Ratings:
    +119
    When a law is deemed to be unconstitutional, it may be challenged in court. That is not the same thing as nullification. Nuffication is setting-aside a valid law for reasons other than consitutionality.
     

Share This Page