Obamacare vs. States Rights: Constitutionality Suits? Nullification?
Posted: Friday, January 21, 2011
by Joel Hendon
http://hebronics.org/index.html
Idaho is in the news again. This state was one of the very first to file suit against the feds of the constitutionality of the Health Care bill concerning a couple of items, the first seemingly that of forcing individuals to purchase health insurance. There are now 27 states pursuing that course and have become plaintiffs together in the suit. Now with the House of Representatives having voted to repeal the law, the battle begins to become a little steamier.
And most of the ones who are advocates of the present health care bill, still have not read it nor do they have a clue what it is going to do. Those who are opposing it only know of two or three things about it which they oppose. I fit both of those categories. I have not read it nor do I like all of it. But I believe it should be repealed and then worked out in an open congressional debate with the entire nation aware of exactly what it does. I am more opposed to it because of the fact that it was a clandestine operation and was shoved through without allowing bi-partisan discussion. That did not gain the congress one additional vote, so the secrecy only harmed the voting public, keeping them purposely uninformed.
But suppose now, that all 27 states that are now involved in the lawsuit should decide to pass legislation of nullification. What then? If it is decided to ram it down the throats of over half of the states and even more are likely to pitch in as time goes on. For those who are determined not to abide by that law will have nothing left except secession. Is this what this administration wants to accomplish? Is this the president who won on the promise of working with both side of the aisles?
This nullification procedure is based on the constitutionality of states having the final say as to what their laws will be. Not the congress, not the Supreme Court, but that each state is sovereign and free to reject the union when it comes to laws and leadership which are totally unacceptable to it’s citizens.
A book by Thomas E. Woods and available from Amazon: “Nullification: How to Resist Federal Tyranny in the 21st Century.” has encouraged Idaho State Senator Monty Pearce to propose the steps being taken. According to Pearce, he and the Governor, C.L. “Butch” Otter, both have a copy of the book and have done considerable research into the matter.
If the U.S. president, Congress, and the Supreme Court get it wrong, Woods said, then Jefferson had it right back in 1799 when he wrote that states, as creators of the federal government, "being sovereign and independent, have the unquestionable right to judge of its infraction."
"What do we do when we don't get proper relief in the court?" Woods told reporters, "We can't just throw up our hands and say, 'We tried.' The creators had to have some way of not having that system destroyed." (FoxNews.org).
And we find the following from a review of the book by Woods:
“Tom Woods' latest book is another example of the author doing what he does best--dissecting political and economic failure by striking at the root of the problem and offering common sense and constitution-based solutions, something he always does in an easy to comprehend, everyman style. Ironically, the solutions Woods offers are often considered unconventional or controversial, but only by the same professional talking heads who got us into virtually every mess the author addresses.
As with his bestseller "Meltdown," in which Woods explained how the Federal Reserve and government intervention were primary culprits in the ongoing recession, "Nullification: How to Resist Federal Tyranny in the 21st Century," is a how-to for Americans fed up with an out-of-control Washington, DC. Question: How can we expect a federal government no longer restrained by the Constitution to be contained by that document any time in the future? Answer: by containing it ourselves.” (Jack Hunter-Amazon reviews).
It is my own prayer that reason and common-sense will prevail among all our politicians so the nation can return to sanity and live peaceably together. We find written in the word of God, to “be subject to the powers that be”, and also, “In whatsoever state we find ourselves, therewith to be content.” Powerful statements and difficult to abide by. But then, if we stop to consider Job’s lament, nothing matters so much as to cause one to sin.
Man that is born of a woman is of few days, and full of trouble. He cometh forth like a flower, and is cut down: he fleeth also as a shadow, and continueth not. (Job 14:1-2 KJV)
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Top-level comments on this article: (2 total)Thanks, Joel. Very few articles here are from your end of the pole. I've noticed a change in my 6 months gone from SearchWarp.Yes sadly, I agree Jack. But, I intend to continue standing for what I know is right. Thanks for reading and the comment. I fear SearchWarp will wind up in a free fall as have many of the major media.
This is one great article. Thanks for lending insight. I love your concluding thoughts. Be proud.Thank you Christopher, I do appreciate your comments and your consistent 5 stars!
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