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by Michael Boldin
EDITOR’S NOTE: The following is Michael Boldin’s “Tenther Rant” at the end of Episode 22 of TRX: Tenther Radio, which airs live online every Wednesday at 5pm Pacific Time here.
Find the show on iTunes at this link.
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The White House is excited to hear that Obamacare – the Patient Protection and Affordable Care Act – is going to be heard by the Supreme Court. In a statement, a spokesman said – “We know the Affordable Care Act is constitutional and are confident the Supreme Court will agree.” The sad fact of the matter is this – any president could sign virtually any law and make pretty much the same statement because the Supreme Court almost never strikes down anything as unconstitutional. And, I might be making an understatement, because from 1937 to 1995, the Supremes didn’t strike down a single federal law as unconstitutional. Not one in nearly sixty years.
There have been a few since then, but they’re very few and quite far between.
Bottom line? When it comes to limiting federal power, the Supreme Court is NOT to be trusted. Not only have they utterly failed to uphold the constitution, it’s not really in their interest either.
Thomas Jefferson and James Madison both warned us that if the federal government – which includes the federal courts – ever became the sole and exclusive arbiter of the extent of their own powers, those powers would always grow, regardless of protests, elections, and even lawsuits.
So while I’m happy to hear that the Supreme Court is now going to hear the health care case – primarily because we’ll finally see this courtroom drama over with – I have absolutely no expectations that the unelected, unaccountable, politically-connected lawyers that make up the court will side with the Constitution over federal power.
I don’t buy lottery tickets either – because I know I’m not going to win and buying them just supports a monopoly on power that shouldn’t exist. But, that’ another discussion altogether!
THE PRINCIPLE
Last week, we celebrated the anniversary of the adoption of the Kentucky Resolutions of 1798. In these resolutions, Thomas Jefferson laid the groundwork for the principle nullification, which we define as any act or set of acts which ends up rendering a particular federal law null and void, or unenforceable within that state.
The short of the Jeffersonian view is this – the federal government cannot be trusted to limit its own power, so the people and the states, having created that federal government in the first place, not only have an interest and a role in limiting federal power, but it’s their duty.
James Madison and even Daniel Webster were on board with the idea of nullification too – or as they called it, interposition. Madison told us in the Virginia Resolutions of 1798 that in the case of a dangerous exercise of unconstitutional powers, “the states are duty bound to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.”
And Webster, often cast as a great opponent to nullification, said this in his famous speech opposing military conscription:
“The operation of measures thus unconstitutional and illegal ought to be prevented by a resort to other measures which are both constitutional and legal. It will be the solemn duty of the State governments to protect their own authority over their own militia, and to interpose between their citizens and arbitrary power. These are among the objects for which the State governments exist”
Jefferson, Madison, Webster – and many others. I’m sold on the idea. Hope you are too. And better yet, these actions work. Twenty-five states refused to comply with the Real ID Act of 2005, and while it sits on the books as “law” in Congress and has never been challenged in court, it remains null and void in most of the country. Fifteen states have rejected the notion that the federal government can ban a plant grown and sold within their own state – and while the feds still try to assert their supremacy from time to time, the long-term result is that they’re losing big time.
THE NEXT STEP
Last year, in preparation for the Supreme Court eventually holding up Obamacare as “constitutional,” the Tenth Amendment Center drafted state-level legislation to reject the notion of not just health insurance mandates from the federal government, but the very core idea that the federal government is authorized to be in the health care industry at all.
The TAC’s Federal Health Care Nullification Act declares that, “the federal law known as the Patient Protection and Affordable Care Act, signed by President Barack Obama on March 23, 2010, is not authorized by the Constitution of the United States and violates its true meaning and intent as given by the Founders and Ratifiers, and is hereby declared to be invalid, shall not be recognized, is specifically rejected, and shall be considered null and void and of no effect.”
As both Madison and Webster told us, when the feds exercise unconstitutional and dangerous powers, it’s the state’s duty to step in and stop it. And, our Nullification Act has language to do just that:
“Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a felony and upon conviction must be punished by a fine not exceeding five thousand dollars ($5,000.00), or a term of imprisonment not exceeding five (5) years, or both.”
South Dakota already passed a version of this bill in the 2011 legislative session, but as can be evidenced by what happened down in Arizona recently, when a state stands alone, the federal government can throw its weight around and make states back off. On the other hand, when Maine, New Hampshire, Utah and other states started passing resolutions and laws to ban participation in the Real ID act, it was the strength of multiple states acting in unison that resulted in the federal government backing off – like the house of cards that it is.
ACT NOW
Getting new ideas, new bills and new action items to move forward takes time, effort and due diligence. State-level responses to Real ID didn’t even start until two years after the law was passed. But, in response to the passing of Obamacare, eleven states already stepped up to consider a nullification of the act within the first year. Your action is needed right now to make it all effective.
Sitting around and waiting, hoping, or begging the federal courts to limit federal power – is not the game plan of a patriot. Taking action to stand up and say no right now certainly is. So today, I strongly urge you to personally email AND call your state senators and representatives and demand that they introduce the federal health care nullification act in your state. Even if you think it can never happen or succeed in your area, we know from history and modern times that small steps towards liberty can lead to great things.
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The time to act is now. Not after the elections and not after the Supreme Court rules. Not next year and not after the holiday. Not next month or next week. Today, not tomorrow. Now.
For when enough good people rise up and say no to tyranny – and enough states introduce and pass laws backing them up – there’s not much that the feds can do to force their unconstitutional acts, regulations…and mandates down our throats.
And one day, when we start taking this same set of actions for not just Obamacare, but every single unconstitutional act from Washington DC, one day – instead of saying NO to tyranny, we can start saying YES to liberty.
UPDATE 11-17-11: It was North Dakota, not South Dakota, that passed a version of the Health Care Nullification Act earlier this year. Track the legislation online at this link
Correction: South Dakota did NOT pass my nullification bill (HB 1165)…they posted it to the 41st day of our 40 day session…it died. I introduced it from ALEC sample legisaltion and Officers for ALEC who were on the state Affairs committee (where it was killed) voted it DOWN…in fact I was cut off after just a few minutes of testimony. Instead we passed our OWN VERSION OF OBAMACARE (SB 38) drawn up by our Executive branch who camapigned on “no Federal Health Plan”. I found out that the SD executive branch has spent years working with our ex Senator Tom Dashle in getting SD ready for ObamaCare – no matter how they campaign against it. My reward for bring forth that bill was that I got gerrymandered out of the district I won as the high-vote getter and have lived in for 20 years.
Lora Hubbel, SD District 11 Rep
@lorahubbel keep up the good fight!
We do consider, though, the watered down version that passed a first step….far ahead of the rest of the country. Push on, and work towards the second step next time around, right?
Yep, my mantra has been, “stay the course”….
@lorahubbel excellent. Would love to chat with you about next year’s legislative session sometime…
Thanks Michael, Please feel free to contact me anytime. Don’t use my state email because i only use that during Session. Use lorahubbel at Yahoo….
@TenthAmendment Hmm ok, but I seem to recall nullification being discredited in the 19th century like jury nullification.
@Steven_Swenson there’s a lot more to the history of it and current efforts, than can fit in a tweet. More here – http://t.co/KYpr7iWF
@TenthAmendment Thanks, good information.
@n3rd00 it’s a good primer. Glad you found it valuable…
@TenthAmendment To have teeth don’t we need a solid edifice in US code or an amendment to make nullification workreliably?
@TenthAmendment Ultimately isn’t nullification playing chicken with civil war?
@TenthAmendment I think the biggest mistakes we’ve made were legalizing the progressive income tax and popularizing the Senate
@TenthAmendment By doing so we removed states from being represented in their own union.
The Affordable Care Act, President Obama’s health-care overhaul passed by Congress last year, was designed to make it easier for Americans in situations like Verone’s to get health insurance BTW check “Penny Health” for more information
@lauraprince20 I think the health insurance law was nothing more than another major corporate bailout scam.
But even if you’re right, our goal here is to follow the constitution.
RT @briankerry @tenthamendment On Obamacare: Don’t Trust the Courts to Uphold the Constitution. http://t.co/5WniBjsc
The title says it all-sad but true.
Very true Michael but what happens when your own state is so corrupt it actually matches every arm of Federal Government. Living in Washington state is like having our own personal Federal Government. I know move, yep that is being looked at very hard but is not always simple.
Writing my Representative and Senators is like feeding a migraine, they continually respond with their agenda rather than they heard a word you expressed. I still do it, but it is disappointing at best or like talking to those in Federal Government and I often ask is there even a difference.
Believe me when I tell you many of us have attempted ousting these idiots, but as I like to say I live in the liberal valley of Death where popular far exceeds informed constant. Well that and there are a lot of welfare recipients here ready to vote for their protection.
But I do work to stand and am not popular at all and my Representatives have shown they really don’t care for me which is always a blessing. I am probably a thorn in their own conciseness.
@WilliamSchooler most states are corrupt, for sure. But in each state, one can find some issue to push forward. And, as far as this issue above, just getting the bill introduced in 15-20 states will get this movement major media attention. Happened last year with just 11 states.
Contact your reps there, at least give it a shot? Or find one out of your district that might be in our camp?
Please use the correct terminology. It’s called ObombneyCare.
Arizona passed a Heath Care Freedom Act, yet our governor has unilaterally and without the consent of the legislature, begun the process of implementing an AZ insurance exchange, which is a major step in the implementation of Obamacare. Most people are not aware of this because it hasn’t gotten much play in the main stream media.
The people that are in charge of our government , have TOTALLY omitted ANY respect of our Constituton
in favor of gaining personal wealth , THe American People do NOT have a Government any longer , Our government has morphed into a group of people who have totally abandonded any respect for our Constituton , who make laws solely for thier own profit and convieniance.They restrict our Libertys,Tax us
with-out representation by lying about where the tax revenues are going , Over tax us (800% SCHIP tax)
, and the ONLY time they mention the Constituton is when its handy for them ! They are Passing UN-CONSTITUTONAL Legislation, Blatantly Lying publicly ,useing our paid taxes as a personal checking acct. and in some cases actually simply Stealing it ! This President has Conspired with others to GUT
our Second Amendment, And Actually Told Dianne Fienstein He was “Going under the radar to do it !
The people that are in charge of our government , have TOTALLY omitted ANY respect of our Constituton
in favor of gaining personal wealth , THe American People do NOT have a Government any longer , Our government has morphed into a group of people who have totally abandonded any respect for our Constituton , who make laws solely for thier own profit and convieniance.They restrict our Libertys,Tax us
with-out representation by lying about where the tax revenues are going , Over tax us (800% SCHIP tax)
, and the ONLY time they mention the Constituton is when its handy for them ! They are Passing UN-CONSTITUTONAL Legislation, Blatantly Lying publicly ,useing our paid taxes as a personal checking acct. and in some cases actually simply Stealing it ! This President has Conspired with others to GUT
our Second Amendment, And Actually Told Dianne Fienstein He was “Going under the radar to do it !
It is not that the Supreme Court should not be trusted; in 1931 in the case of O’Gorman v. Hartford, 282 U.S. 251, 257-258. The court stated:
“… the presumption of CONSTITUTIONALITY must prevail in the absence of some factual foundation of record for overthrowing the statute.” [emphasis added] By this seemingly innocuous sentence, the Court changed our form of government.
Prior to the O’Gorman case, the presumption of LIBERTY prevailed, and this manifested in our rule of law by requiring that all laws must be NECESSARY to remedy the perceived harm, and could not go beyond what was necessary. When all laws are presumed constitutional and not reviewable by the courts, this is akin to asking the wolves to decide the legitimacy of having sheep for lunch. With time we were saddled with all manner of restrictive and unnecessary laws.
Three years later the Court said:
“… the Legislature is primarily the judge of the necessity of such an enactment, that every possible presumption is in favor of its validity, and … it may not be annulled unless palpably in excess of legislative power.” Nebbia v. New York, 291 U.S. 502, 537 (1934).
Compare this with the presumption of liberty in effect just 10 years earlier:
“Determination by the legislature of what constitutes proper exercise of police power is not final or conclusive but is subject to supervision by the courts.” Meyer v. Nebraska, 262 U.S. 390, 400.
This is all explained in my book “The LAWFUL Remedy to Tyranny: How You Lost your Rights, and How You Can Get Them Back.” See http://www.NaturalLawRemedy.com for a summary.
It is not that the Supreme Court should not be trusted; in 1931 in the case of O’Gorman v. Hartford, 282 U.S. 251, 257-258. The court stated:
“… the presumption of CONSTITUTIONALITY must prevail in the absence of some factual foundation of record for overthrowing the statute.” [emphasis added] By this seemingly innocuous sentence, the Court changed our form of government.
Prior to the O’Gorman case, the presumption of LIBERTY prevailed, and this manifested in our rule of law by requiring that all laws must be NECESSARY to remedy the perceived harm, and could not go beyond what was necessary. When all laws are presumed constitutional and not reviewable by the courts, this is akin to asking the wolves to decide the legitimacy of having sheep for lunch. With time we were saddled with all manner of restrictive and unnecessary laws.
Three years later the Court said:
“… the Legislature is primarily the judge of the necessity of such an enactment, that every possible presumption is in favor of its validity, and … it may not be annulled unless palpably in excess of legislative power.” Nebbia v. New York, 291 U.S. 502, 537 (1934).
Compare this with the presumption of liberty in effect just 10 years earlier:
“Determination by the legislature of what constitutes proper exercise of police power is not final or conclusive but is subject to supervision by the courts.” Meyer v. Nebraska, 262 U.S. 390, 400.
This is all explained in my book “The LAWFUL Remedy to Tyranny: How You Lost your Rights, and How You Can Get Them Back.” See http://www.NaturalLawRemedy.com for a summary.
It’s called TYRANNY…..now it’s time to do something about it, because the federal gov’t has declared war on the American people !
It’s called TYRANNY…..now it’s time to do something about it, because the federal gov’t has declared war on the American people !
There is a huge ground swell for replacing this commie socialist government.There is a much bigger task ahead and that is to sort out all of the left wing people who have slithered into security positions of our government,the real task will be ti fire them all!
There is a huge ground swell for replacing this commie socialist government.There is a much bigger task ahead and that is to sort out all of the left wing people who have slithered into security positions of our government,the real task will be ti fire them all!
“For when enough good people rise up and say no to tyranny…” That was the theory behind the Libertarian Party’s attempt to alter the course of politics. It failed. One or two % is not enough for change, especially when the game is rigged. That was what I realized after 5 years of constant dedicated political action for the party. I quit in 1980. Thirty-two years later you assume we can rely on people to rise up against tyranny. People will protest because of hardship just as they have done all over the world for centuries. This is revolution without change. They unknowingly sanction their own enslavement. The few who understand that the solution is voluntaryism, not government, will be shouted down and threatened with violence by the majority who value democracy over reason, emotion over thoughtful argument. It is not a matter of good vs. bad people. Everyone considers themselves as “good” and “in the right”. The majority thinks they are against “tyranny” even as they make it possible. We are such a small minority in a sea of conformist collectivists that escape is our only option. Withdraw and live. Live to think and write. In the aftermath of the collapse we may find an audience willing to listen. I doubt it. I suspect the best we do is teach our young and live free and prosperous lives as an example to any with an open mind.
“For when enough good people rise up and say no to tyranny…” That was the theory behind the Libertarian Party’s attempt to alter the course of politics. It failed. One or two % is not enough for change, especially when the game is rigged. That was what I realized after 5 years of constant dedicated political action for the party. I quit in 1980. Thirty-two years later you assume we can rely on people to rise up against tyranny. People will protest because of hardship just as they have done all over the world for centuries. This is revolution without change. They unknowingly sanction their own enslavement. The few who understand that the solution is voluntaryism, not government, will be shouted down and threatened with violence by the majority who value democracy over reason, emotion over thoughtful argument. It is not a matter of good vs. bad people. Everyone considers themselves as “good” and “in the right”. The majority thinks they are against “tyranny” even as they make it possible. We are such a small minority in a sea of conformist collectivists that escape is our only option. Withdraw and live. Live to think and write. In the aftermath of the collapse we may find an audience willing to listen. I doubt it. I suspect the best we do is teach our young and live free and prosperous lives as an example to any with an open mind.
You are totally correct Don , but I believe in the old Italian proverb , :The best way to deal with a venomous Serpant, is to remove it’s Head……..In my opinion , that is a pryority now….. Nov-2012.
You are totally correct Don , but I believe in the old Italian proverb , :The best way to deal with a venomous Serpant, is to remove it’s Head……..In my opinion , that is a pryority now….. Nov-2012.
Look people the weight is all put on the courts,but did you know that the constitution does not give the courts permission to legislate .They simply say yes it is constitutional or no it is not! Other wise they have over stepped their authority ,I believe they have overstepped this many times.The States have a duty to interpose between their citizens and arbitrary power. These are among the objects for which the State governments existâ€To quote from above,People like Senator shumer,who has approved selling our power grids off to foreign country’s should be perceived as a traitor.and voted out of office.
Don sounds like you are waving the surrender flag,well fella get back up and move forward ,how much is your liberty worth to you? I would give my life..does that mean anything to you son?If not you should just give it up and join the dark side try praying and to God not the people in Washington.
After years of watching many of us seeking a redress of grievances that are tossed to the wayside, ignored, and spurned…the pattern came into sharp focus. I know you see it, too….it became even more clear, that we are wasting our time. Anyone else feel this way ? Millions, I’m sure.
…The more clear it became that we are facing the same exact problems as our forebears – except, it’s just a different year…250 years later. It’s still Tyranny, and the death and destruction it brings has not changed.
Folks, we have come full circle, right back where we started on that day in Philadelphia, in 1775.
Almost makes those of us who are “supposed to know betterâ€, a little sick, a little uneasy, and
a little guilty, for allowing, once again, the insidious encroachment by a self-serving and greedy
federal government to dictate every aspect of our lives.
We have states that “attempt†to exercise their rights, per the Constitution, only to have the interference
of the criminal federal government stall or intercede into these affairs. The feds use blackmail, coercion, their cronies in the media outlets to perpetuate the lies, bribery, murder, defamation of character of good patriots, and outright deceit, to name a few of their tactics.
They are stone cold adversaries to freedom and liberty, no matter what venom or sweet lies emanate from their forked tongues. It is, what it is. An organized criminal attempt at total tyranny and domination.
The time has come, though, for us to stop writing letters that are ignored. The time has come for us to stop appealing to a government that has absolutely no interest in protecting our heritage, our culture, our borders, our food, or our lives. The corporate-government is self-serving, only. The mess we are in, is what these NeoCons have constructed. Asking them for for relief is simply “nutsâ€.
See next comment…
It’s time to try a different tactic. It’s time to take control of our own lives, and regardless of what the federal government says…it time to ignore them. Yes, I said it. It is time we stopped this mind numbing dance with our oppressors, and cease dancing by their rules.
It is time that American just say NO !! They want to tear down our 10 Commandments from the courthouse…just say NO, we, the people will not allow that. End of story. They want to tax you to death (literally), just say NO. It is time we stood up, and said NO. We must resist. The other option is enslavement. No matter how you slice it up, these are the choices. Freedom or slavery.
Therefore, we must each do our part, and work together as a nation, if we are going to war to defeat this common enemy. That enemy is our cancerous, malignant, and criminal federal government, and the corporations they are prostituting. Quite frankly, these numbskulls
are simply evil liars, murderers, and thieves… World history will testify to that.
The time for talking has long past, and yet many intellectually challenged folks still cling to a hope that, for whatever reason, the robbers will stop half-way through their felonies, and reconsider what they are doing. Never will happen.
We are the masters of our lives, and we are endowed with inalienable rights from our Creator. Anything less than that is NOT acceptable.
We DO NOT need the government’s permission to live, to be free, or to exercise and enjoy our God-given liberties, to drink milk of our choosing, to care for ourselves as we see fit, to eat natural foods, to home school our children, or defend ourselves and families, to ride a bicycle without a helmet, as a few examples, no matter what anyone else thinks. It is your life.
We must take civil disobedience to a whole new level. We must openly denounce these monsters, and the tyranny they wield without conscience. We MUST say NO. We must assert our authority, as We, the People, and we must do this together, to be able
to back one another up when times get tough…and they will get tough. So, be mentally prepared to make a stand.
@DocArt When you say “no” to government you are breaking the law, and whenever you break the law you need to have a reason why, otherwise the judge will puke on you. Fortunately, disobedience is the proper and recommended remedy to tyranny under natural law.
Our government and constitution were based upon a tradition of natural law several thousand years old, in which many scholars stated that a law that is arbitrary or unreasonable is no law at all, and we have a right and DUTY to disobey. Natural law informed the decisions of our courts until about 100 years ago when it became dormant, so we are not creating anything new, and we can again argue natural law before a court. It doesn’t matter if they do not listen, because disobedience is the proper and recommended remedy!
Here are a few examples from our tradition:
Aquinas wrote “[T]hat which is not just seems to be no law at all  “If the subjects have a government … which commands unjust things, they have no obligation of obedience, unless perhaps incidentally, for the sake of avoiding scandal or danger.â€
Augustine wrote “That is not law, which is not just.â€
John Calvin, in 1536, asserted that men can and must disobey government when they deviate from God’s laws.
How to practice natural law is explained in my book “The LAWFUL Remedy to Tyranny: How You Lost your Rights, and How You Can Get Them Back.” See http://www.NaturalLawRemedy.com for a summary.
@rew4455 Thank you…your input is appreciated, and I concur !
I will also like to visit the web site you included…Thanks. We, the People, must stick together to get through this oppressive state of affairs…and with God’s help, we will. Be well, stay safe… Arthur
I think that a campaign to educate the people of what it means to be a state citizen is due here!
@Sargent KoranFlusher Hey, Sarge…ou must view this fantastic video which helps people (and I, too) understand what we’re up against, and provides solutions, as well.
Documentary of the week:
“UNGRIPâ€
How to withdraw your consent to killer government: