For Immediate Release ““ (November 8, 2011) ““ On the eve of the 213th anniversary of the passage of Thomas Jefferson’s Kentucky Resolutions of 1798, laying the intellectual groundwork of nullification, the people of Ohio exercised their power and nullified the insurance mandate in the Patient Protection and Affordable Care Act.
Ohioans passed Issue Three, a constitutional amendment to preserve their right to choose their own health care and health care coverage. Preliminary returns indicated a wide margin of victory, with more than 60 percent approving the amendment. The amendment makes it illegal for any local, state or federal law to require Ohio residents to purchase health insurance, effectively nullifying a key component of the PPACA.
“This signifies that state level resistance to federal power is not just an old idea relegated to history books,” Tenth Amendment Center executive director Michael Boldin said, “It’s something that’s alive and well right now.”
Ohio became the tenth state to reject the insurance mandates in the PPACA.
“James Madison said that power over objects which in the ordinary course of affairs concern the lives, liberties and properties of the people, and the internal order, improvement and prosperity of the State would remain with the states. Health care choices clearly fall into that category,” TAC communications director Mike Maharrey said. “Ohio sent a strong message to D.C. tonight. We are not going to just sit back and accept your unconstitutional power grabs.”
On Nov. 10, 1798, the Kentucky legislature adopted resolutions authored by Thomas Jefferson in response to the Alien and Sedition Acts. In these resolutions, Jefferson explained the states’ power to judge the constitutionality of an act, while also asserting that unconstitutional federal acts hold no force.
He wrote, “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 for itself, as well of infractions, as of the mode and measure of redress…”
Jefferson continued, “whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force”
As the federal government continues to grow, states have begun to push back more aggressively. Fifteen states have defied the federal government and legalized medicinal cannabis, and six years after the passage of the Real ID Act, states continue to successfully resist its implementation.
“Nullification is so simple, even a 3-year-old can do it. You just say, “˜No!’” Boldin said. “Washington D.C. will never willingly limit itself. It’s up to the states to put a check on federal power and say, ‘No!’ when Congress passes these unconstitutional acts. Ohio stepped up and did that tonight. Thomas Jefferson would be proud.”
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EDITOR’S NOTE: Tune in to Tenther Radio on Wednesday night starting at 6:30PM Pacific time (HERE). Along with post-GOP debate coverage, we’ll be interviewing Chris Littleton of the Ohio Liberty Council for a special report on this important Ohio vote.
For more information on health care freedom acts and legislative tracking, click here.
For information on health care nullification and legislative tracking, click here.
FULL TEXT OF AMENDMENT
Be it resolved by the people of the State of Ohio that Article I, Section 21 of the Ohio Constitution be adopted and read as follows:
ARTICLE I
Preservation of the freedom to choose health care and health care coverage
Section 21 (A) No federal, state, or local law or rule shall compel, directly or indirectly, any person, employer, or health care provider to participate in a health care system.
Section 21 (B) No federal, state, or local law or rule shall prohibit the purchase or sale of health care or health insurance.
Section 21 (C) No federal, state, or local law or rule shall impose a penalty or fine for the sale or purchase of health care or health insurance.
Section 21 (D) This section does not affect laws or rules in effect as of March 19, 2010; affect which services a health care provider or hospital is required to perform or provide; affect terms and conditions of government employment; or affect any laws calculated to deter fraud or punish wrongdoing in the health care industry.
Section 21 (E) As used in this Section,
(1) “Compel” includes the levying of penalties or fines.
(2) “Health care system” means any public or private entity or program whose function or purpose includes the management of, processing of, enrollment of individuals for, or payment for, in full or in part, health care services, health care data, or health care information for its participants.
(3) “Penalty or fine” means any civil or criminal penalty or fine, tax, salary or wage withholding or surcharge or any named fee established by law or rule by a government established, created, or controlled agency that is used to punish or discourage the exercise of rights protected under this section.
Not entirely true. I live there and i’ve been following it all night. It’s at 65-35% right now, i hope it will pass but it hasn’t yet.
We’re calling it passed right now. AP has also called Issue 2 defeated. The only question is the final tally, which is pretty massive..
10tv called it… It passed
Its doing worst then issue 2 its good as passed
as of now issue 3 has passed!!!
I also heard that 26 states, so far, are now seeking a federal lawsuit against the Obama administration because of the illegal Obamacare bill. I would ask why he isn’t being impeached yet, but I think the main reason is because of Joe Biden. If Obama is impeached, then we are stuck with Biden. And that is probably a more frightening thought than Obama’s presidency.
heres one that Obamma has passed w/out the Congress
Place your bets here on how long it will take for Eric Holder to sue Ohio.
Michael S. Miller – he hasn’t sued the other 9 states who’ve done this. He doesn’t have the cajones to do so. Going to have a LOT of problems when it’s up to 20 states simply refusing compliance…
I still wouldn’t run it by him.
They may have passed that, but the unions still have too much power in my home state.
What are the other 9 states who have passed this?
Susan Smith-Laborde – link to our legislative tracking is at the bottom of our press release – before the text of the approved health freedom amendment…
NULLIFY NOW!
This is great news, can’t wait till it’s defeated here in ny
After the ruling in the DC Court of Appeals today what will Ohio do if the Supreme Court affirms this federal usurpation of power?
I predict they will cave and go back to being obedient slaves to the federal government.
@Bob Greenslade I would hope that 15-20 states doing the same would give at least a few of them some backbone….like the marijuana activists have done. Time will tell of course…
What backbone action will they take when the feds unconstitutionally drag the State into federal court and assert supremacy?
@Bob Greenslade Bob, you’re in CA. I see plenty of marijuana stores all over here in SoCal. I guess defiance is the only way to put it. Not easy, of course…
I challenge anyone to find where int the Constitution that the supreme court was delegated the power to rule on the Constitutionally of Federal laws. (I smell a rat and a power grab.)
I would just nullify the supreme court decision to let them know where my state stands.
i.e. You can not only nullify unconstitutional legislative acts you can nullify unconstitutionall judicial acts!
Is it nullified in Utah???
No, Susan Smith-Laborde. You’ll want to contact your state reps and senators and urge them to introduce and pass this bill – http://bit.ly/fLPwdF
Pop the corks!
One step for man kind.:) You guys are awesome! Thank you for your tenacity and AMERICAN SPIRIT!
Fuhrer Resistance.
I haven’t kept up, but did Montana join in? Because our idiot senator Baaaac ASS is the one who wrote the bill.
Michael, I hope you are well acquainted with Maurice Thompson? The two of you would be the Dynamic Duo in continuing this smack down on federal encroachment. Maurice is our hero who wrote the Health Care Freedom Amendment. He is Executive Director of the 1851 Center for Constitutional Law, http://www.ohioconstitution.org
@beaready yes, quite familiar with Maurice! 1851 was an official supporter of our Nullify Now! Event in Cincinnati in March, where he was a featured speaker as well.
That will NEVER happen in Maryland, not as long as Martin O’Malley is our governor. Of course, if speculation proves true, and Biden chooses not to seek the vice presidency again, and O’Malley moves onto the national stage, we’ll have a new leader here. Maybe we can get someone who actually cares about the citizens of Maryland.
So what happens if a majority of states nullify the bill? How would that affect the rest of the states, if at all???? I DESPISE MARTIN O’MALLEY and his spend spend spend ways!!!!!
We don’t need to wait for a Supreme Court ruling to say it’s unconstitutional, all we need are 38 states to say NO and a Continental Congress made up of those states can nullify obamacare. Why isn’t this being done????
@benjaminhodge @cbutler2100 you do understand that nullification laws are themselves unconst. & that the 10th is but a truism?
@eminentgent Are you arguing that marijuana using cancer patients in California should be arrested, en masse?
@TenthAmendment Have no idea how you arrived at that daft conclusion.
@eminentgent If #Nullification laws are unconstitutional then state laws contradicting fed laws are illegal according to your view. right?
@TenthAmendment It’s not “if” nullification laws are unconst., they are. Full stop. FedGov has right to have conflicting state laws struck..
@TenthAmendment ..down through Courts, just like states do.
@eminentgent But state marijuana laws still exist. The question remains, do you want mass arrests, or do you feel they’re legit?
@eminentgent 2005 saw a ruling against this concept in SCOTUS. people simply defied them. and 5 more state have since too. A good thing?
@TenthAmendment This is not about what I want.
@TenthAmendment No.
@eminentgent back to the original comment then. you’d prefer them in jail? or to just stop using? just comply? it’s not going to happen.
@eminentgent but that’s ok. a lot of people have trouble justifying – when one principle they claim to support does harm to people elsewhere
@eminentgent bottom line, these cancer patients are not obeying federal laws. Should they be arrested?
@TenthAmendment you’re trying to narrow a broad issue down to a prechosen topic to suit your narrative.
@TenthAmendment My views on drug policy, of which you have no idea, are not the topic.
@TenthAmendment Not struggling; you’re just unable to pigeonhole the debate into an emotive issue that suits you.
@eminentgent principle is important. If you support the princ that ALL fed law is supreme then cancer patients would be jailed for violating
@eminentgent we are trying to point out that not ALL fed law is supreme, and thinking so is a BAD way of approaching topics.
@TenthAmendment You seem very badly informed. Fed law is not always supreme & I never states so.
@TenthAmendment states = stated
@eminentgent well that’s good to hear!
@eminentgent then “nullification” laws like marijuana or ohio’s health amendment COULD be ok. Because fed law is not ALWAYS supreme
@eminentgent the argument then would be over the particular federal law as it should be not that all nullification bills r unconstitutional
@TenthAmendment and you completely misunderstand what I am saying. Funny that a non-US is educating a tenther on their own constitution
@TenthAmendment No, they are never legal. That ruling has been made in established precedent.
@TenthAmendment Have no idea how you arrived at that daft conclusion.
I dont feel like i should be forced to have health insurance, I think everyone would like to have health insurance if they could afford it. If you need affordable health insurance search online “Penny Health” or you dont want to be with out insurance any time.
@TylerWatts Heard about that too. But federal legislation would just supersede the Ohio law if it was ever enacted
@ericburdette Unconstitutionally supersede it. At least it sends a message to DC.
@TylerWatts I don’t like the deceptive way they labeled it though
@ericburdette how so?
@TylerWatts Didn’t they wrap it in some freedom phrase or something? Reminds me of NCLB and other deceptive phrasing to get people to vote
Your going to get this because after all the posturing this is what both parties wanted !!On all main issues there is no difference between the two,they are both socialist !
@TheWrightWingv2 http://t.co/w7NlXIbC
@cmcallihan are ALL federal court decisions right? Citizens United? curious.
@TenthAmendment @cmcallihan No, the Citizens United decision was one of the worst decisions ever
@EndCitzUnited Agreed, it was pretty bad. And so are many other decisions. We should determine what’s right and wrong with or w/out SCOTUS
@EndCitzUnited @TenthAmendment I agree Citizens United decision worst ever.
Appeals court rules Obama health care law is constitutional, agrees to toss religious suit
WAPO. judges need to be inpeached
Congrats and thanks to all of us with boots on the ground who participated to make this happen, and esp. the 1851 Center for Constitutional Law. (http://www.ohioconstitution.org/)
We won the battle. Now comes the (legal) war… so, bring in the clowns…
The bill did not provide a penalty for any violation of its terms. If a state or local law violates the terms, of course the Ohio courts would rule it unconstitutional and unenforceable. But there is no remedy if the federal government breaks state law; will the state interpose on behalf of its citizens?
Before we get all excited and goosebumpie, I hope that the poor people of Ohio realize that regardless of what they want, what they say, how they vote that the court can always consider their vote to be meaningless and, or unconstitutional per their interpretation and override the voters. This is exactly what has happened in California when the voters throughout the State voted against same sex marriage twice. The court simply countered their votes and deemed the voters to be incorrect and unconstitutional. On a Federal Level, they did the same thing regarding terms of office in both the US House and Senate a number of years ago.
Oh soon how we forget. BDS
Banning same sex marriage using legal methods IS unconsitutional. Marriage is generally a religious function. Ever heard of seperation of church and state?
How about respecting other peoples rights before protesting for your own?
Paladin there is not such things a seperation of church and state. Please read the 1st amendment and find it for me.
But yes marriage in not in the domain of government. Study it’s beginnings and you will vomit.
@tittiger Please, this is stupid.
1) The US constitution was created as an instrument of limited and listed powers. There is no authority granted for passing laws or spending money on religious institutions of any kind.
2) You’re playing a silly game of this exact phrase isn’t there, eve though everything about the US constitution was designed to keep it limited to certain powers. Of course there is a separation of church state federally, there is no grant of power to handle spiritual matters.
3) On another point God himself forbids it, He does not give earthly institutions authority to handle spiritual matters. Earthly governments are supposed to be concerned with justice, not sin. In other words the conflicts that arise between people on this earth, related to this earth.
@purple_persuader
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Purple I agree with your statement one. I did not say anything contrary to what you said.
In statement two I agree that there is no power delegated to handle spiritual matters. That could imply a state supported church.
I did not say that – I said there is no seperation of church and state which means that the supreme court may have the 10 commandments on the wall and that congress may say a prayer before each session. The founders did all of this. To have it otherwise would be a violation of the 1st amendment and the free exercise there of. If congress decided not to have the prayer or the supreme court decided to take down the 10 commandments that would be their call but they can not be prohibited from doing so. Again that is the particular individuals right to the free exercise of their beliefs. There was pray at the Constitutional Convention by Ben Franklin I think you will agree.
On point #3 Where is Gods name did you see me write anything about sin? The reason we instituted government was to protect our God given Inalienable rights. Yes there are Christians that legislate morality when it does not pertain to protecting ones rights. I find the behavior of these so called christians despiscable and in violation of both mans law and Gods law.
https://thingsyourlocalpaperwillnevertellyou.wordpress.com/2011/10/29/are-christians-the-problem-you-decide/
Blessings
You need to get a grip on the principles this county was founded upon my friend.
Awesome news indeed, this gives me a glimmer of hope. I will be sending this story on to my Representatives at the GA General Assembly.
Way to go….and Montana
@JamesinSELA @cspanwj Ah it does (I couldn’t remember). Lt. Gov in Ohio still hedging (waiting on fed court battle) creating the exchanges.