Virginia Health Care Freedom

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by Josh Eboch

The Campaign for Liberty has stepped to the plate big time in Virginia, getting out ahead of the feds and finding a sponsor for the Virginia Health Care Freedom Act, to be introduced in 2010.

The Act reads, in part:

Neither the Governor nor the Department of Health, the Department of Public Welfare or any other Commonwealth agency shall participate in the compliance with any Federal law, regulation or policy that would compromise the freedom of choice in health care of any resident of this Commonwealth.

Man, just copying and pasting that feels great.

Delegate Bob Marshall (VA-13) deserves credit for agreeing to carry this critical legislation. Now is the time for Virginians to start contacting their state representatives to inform them about the measure and ask for their support should ObamaCare make it out of the Senate.

167-cuffsCredit is also due to Delegate Charles Carrico (VA-5), who has agreed to carry the Virginia Firearms Freedom Act, which is similar to recent measures adopted in Tennessee and Montana.

In marked contrast to the health care “reform” legislation recently passed by the House, neither of these bills exceeds three pages.

This is great news for those in Virginia who still cling to the Constitution, but introducing these bills is just the beginning. Victory will require inexhaustible passion and energy since, as always, we must give our state legislators the courage to defend our freedoms.

And it will take political courage. Nancy Pelosi has already said that even if such measures pass at the state level, the federal government has the authority to impose its will upon the voters anyway. Then stick us with the bill, of course.

Try finding that one in the Constitution.

Thanks, but no thanks, Nancy.

Like the signs say: We’ll keep our money, guns, and freedom; you keep the change.

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10 comments
B. Johnson
B. Johnson

Regarding Pelosi’s interpretations of the general welfare and Commerce clauses (Article I, Section 8, Clauses 1 and 3 respectively) I’d say that she’s just passing along gutter interpretations of these clauses without having researched them herself.

More specifically, Thomas Jefferson gave clear interpretations of these clauses when he and James Madison argued against Hamilton’s national bank in the late 18th century. Here’s Jefferson’s comment about the Commerce clause.

“For the power given to Congress by the Constitution does not extend to the internal regulation of the commerce of a State, (that is to say of the commerce between citizen and citizen,) which remain exclusively with its own legislature; but to its external commerce only, that is to say, its commerce with another State, or with foreign nations, or with the Indian tribes.” –Thomas Jefferson, Jefferson’s Opinion on the Constitutionality of a National Bank : 1791. http://avalon.law.yale.edu/18th_century/bank-tj.a...

Note that Jefferson also volunteered his common-sense interpretation of the general welfare clause in the above linked document, not included here for brevity.

B. Johnson
B. Johnson

While I’ll agree that these state sovereignty acts are step in the right direction, my problem with the Virginia healthcare example is this. The USSC has already not only decided that the federal government cannot lay taxes for issues that are rightly controlled by the states, but has also singled out medical practice as a state power issue. Here are some relevant opinion excerpts.

“Congress is not empowered to tax for those purposes which are within the exclusive province of the States.” –Chief Justice Marshall, GIBBONS V. OGDEN, 1824. http://supreme.justia.com/us/22/1/case.html

“Direct control of medical practice in the states is obviously beyond the power of Congress.” –Linder v. United States, 1925. http://supreme.justia.com/us/268/5/case.html

Have you seen these Nancy?

Michael Boldin
Michael Boldin

Fantastic news - thanks for the update, hope to hear more from VA in the near future!

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[...] Neither the Governor nor the Department of Health, the Department of Public Welfare or any other Commonwealth agency shall ...

Monorprise
Monorprise

In relating to the link: http://www.theliberaloc.com/2009/11/05/john-campb...

"The 10th amendment does place one significant limit on Congress and the federal government: Congress cannot “commandeer” state officials to administer programs. It must get the consent of state officials who are asked, e.g., to run health programs for the poor or to help build highways. "

If the 10th amendment prohibits them from commandeering the states to do their bidding then how does it not also prevent them from commandeering the people to do their bidding, such as buying health insurance?

The limits the Federal employees in black robes place upon their employers are of course ridicules in their near meaninglessness and contradictions.
The state must bring an end to this limitless power mongering madness.

Josh
Josh

Joshua,

Thanks for the link.

I really liked this part about Virginians and their desire to preserve the Constitution, and with it the Union. Such sentiments could easily be those of a modern-day "tenther":

"They respect too affectionately the opinions of those possessing the same rights under the same instrument, to make every difference of construction a ground of immediate rupture. They would, indeed, consider such a rupture as among the greatest calamities which could befall them; but not the greatest. There is yet one greater, submission to a government of unlimited powers."

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