What next? Nullify!

On Thursday, the Supreme Court sent shockwaves across America, upholding the constitutionality of the federal health care act.

Tenth Amendment Center executive director Michael Boldin said it didn’t surprise him one bit.

“The federal government always expands its own power. The Supreme Court is part of the federal government. I don’t see what’s so shocking here. It’s sad, but not surprising. By ruling, once again, that uniform policies must reign over a nation of 50 states and 300 million people, the Supreme Court has continued its attack on the last vestiges of what’s supposed to make this country great.”

The Court argued that the federal government cannot enforce a mandate through the commerce clause, but it can impose a tax on those who choose not to purchase health insurance. TAC communications director Mike Maharrey called the focus on the mandate “misplaced.”

“The Supreme Court says the federal government can’t force you to do something through a mandate, but it can tax you for doing nothing in order to ‘encourage’ you into doing something. Sounds like Orwellian doublespeak to me. But the bottom line is that the federal government has no enumerated power to create a national health care system in the first place. The entire notion of federal health care is unconstitutional, even if you buy into this tax malarkey.”

And while many opponents of nationalized health care view the ruling as a bitter defeat, Maharrey says the Tenth Amendment Center sees a clear path forward.

“The states simply need to follow Thomas Jefferson’s prescription and nullify the entire act. They should just refuse to implement this monstrosity. Wisconsin Governor Scott Walker has already indicated he will refuse, and other states should follow his lead.”

Jefferson argued that “when the general government assumes undelegated power, its acts are, unauthoritative, void and of no force,” and he called nullification “the rightful remedy.” Maharrey acknowledged that many Americans consider state nullification rebellious and lawless, but he said he thinks that’s because they are conditioned to believe the states are united on a principle of unlimited submission to the feds.

“Who is really behaving lawlessly here? A federal government that refuses to operate within its delegated powers, and rips authority away from the states and the people? Or the states, working through legitimate democratic processes, saying, ‘No!’ we don’t accept this? I would argue it’s the federal government that’s in rebellion, and it’s time for the states to put a check on illegitimate federal power.”

###

The Tenth Amendment Center exists to promote and advance a return to a proper balance of power between federal and State governments envisioned by our founders, prescribed by the Constitution and explicitly declared in the Tenth Amendment. A national think tank based in Los Angeles, the Tenth Amendment Center works to preserve and protect the principle of strictly limited government through information, education, and activism.

Mike Maharrey
Communications director
O: 213.935.0553
media@tenthamendmentcenter.com
www.tenthamendmentcenter.com

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54 comments
redpens68
redpens68

@FWproud Obamacare will be null & void if enough states do nullification. It's the right thing to do

Connie M. Sponheim Bauer
Connie M. Sponheim Bauer

Exercise your State Sovereignty...and do not let the FED into your state...The Sheriffs know this..We are not the slaves of D.C..which is a separate corporation, for profit....

RandyConn
RandyConn

I downloaded Obamacare and starting searching for state names. California appears 11 times, and Arizona, Missouri, and Texas don't appear at all. 4 USC 72 All offices attached to the seat of government shall be exercised in the District of Columbia, and not elsewhere, except as otherwise expressly provided by law.

joshuamiller79
joshuamiller79

@LitMargaretNan Thanks for the RT!

LitMargaretNan
LitMargaretNan

@joshuamiller79 You are so welcome! You keep that up, y'a hear?

Alex Hamilton
Alex Hamilton

The founders anticipated that there could be disagreements about the meaning of the Constitution and the question of whether federal laws were constitutional. The founders dealt with this issue in the text of the Constitution. The founders understood that determining the meaning of the Constitution and its applicability is a matter of interpretation of law, which is inherently a judicial function. The founders in Article III gave the federal courts the power to determine all cases arising under the Constitution or under the laws of the United States, with the Supreme Court having final appellate jurisdiction. Thus, the founders made the Supreme Court the final authority in determining the meaning of the Constitution. Contemporaneous comments by a number of the founders made clear that the founders intended the federal courts to have the final power to declare federal laws unconstitutional.

 

The founders also contemplated that there could be legal disputes between the states and the federal government. The founders contemplated that the Supreme Court would be the "umpire" between the states and the federal government, with the final power to determine disputes between the federal government and the states. By giving the Supreme Court the final word in constitutional matters, the founders made clear that the Supreme Court has the power to apply the Supremacy Clause and to determine when it is applicable.

 

Nullification of federal law by the states was never part of the constitutional model. It wasn't discussed at the Constitutional Convention. Rather, the founders repeatedly stated that the federal judiciary, and ultimately the Supreme Court, would have the final authority in constitutional matters. 

 

The Kentucky Resolutions' suggestion of a right to nullification was not accepted by any other state -- not even by Virginia, where Madison's Virginia Resolutions stopped well short of asserting such a right. All of the other states that responded to the Kentucky Resolutions rejected them. Nullification has never been accepted as a valid doctrine.

 

We have a constitutional process for determining the constitutionality of federal laws. Ultimately, the Constitution gives the final word in constitutional disputes to the Supreme Court. The Supreme Court has now spoken. The process has run its constitutional course, and it's over. The states cannot nullifythe Supreme Court's recent decision. They do not have the power to do so. When the southern states tried to nullify Brown v. Board of Education so that they could uphold segregation, those states were smacked down -- legally, politically, and in the judgment of history. The states most certainly should not try to go down that road again.

onetenther
onetenther

 @Alex Hamilton "The founders understood that determining the meaning of the Constitution and its applicability is a matter of interpretation of law, which is inherently a judicial function."

 

I would seriosley consider that some kind of fraud or deception is going on if the opinion of the people who wrote the law differed from the opinion of the people who interpret the law.  I would also consider that it would be incredibly undemocratic if the people create a law with a specific intent and purpose and have the judiciary give it an entirely different intent and meaning that the people never wanted.  This idea that the judiciary is completely free to construct whatever meaning they want from the text seems to give them the power to recreate the law itself which is a legislative power.  A power that they don't have because it is a power given to the congress alone.  It also flies in the face of the 9th and 11th amendments that tell everyone how this document is to be interpreted.  

libertarianbuddhist
libertarianbuddhist like.author.displayName like.author.displayName 2 Like

 @Alex Hamilton There are so many historical fallacies in this I'm not sure where to begin... Let's see if I can answer at least a few of them.

1. The Judiciary was never meant to be the "be all and end all" which is what you seem to be implying. As Thomas Jefferson himself said, "'To consider the Judges of the Superior Court as the ultimate Arbiters of Constitutional questions,' he argued, 'would be a dangerous doctrine which would place us under the despotism of an oligarchy. They have with others, the same passion for party, for power, and for the privileges of their corps--and their power is the more dangerous as they are in office for life...'" The idea that the states, which created the federal government to act as their agent, would have no control over that agent is silly. To then say that the states, which entered into an agreement and then created this agent, would have no ability to interpret it as well is just crazy. The federal government cannot be permitted to hold a monopoly on constitutional interpretation. If the federal government has the exclusive right to judge the extent of its own powers, warned James Madison and Thomas Jefferson in 1798, it will continue to grow--regardless of elections, the separation of powers, and other much-touted limits on government power. The three branches of the federal government could simply unite against the independence of the states and the reserved rights of the people.

    This is exactly what has happened time and time again. In your model the people have no remedy. 

2. Where do you get the idea that the founders, in the case of a dispute between the states and the general government, envisioned the Supreme Court as the final arbiter? Article III is very vague and, in my reading, does not envision the Supreme court as the final arbiter of constitutionality. What you are expressing is John Marshalls vision, a decidedly radical vision when compared to original intent. 

3. Saying nullification is not constitutional because it was not debated in the Constitutional Convention is a diversion on your part. What is the purpose of the Constitution? It is to delegate power to the general government. It is a document which says just what the GENERAL GOVERNMENT can do, not what the states can and can not do. Their powers are not discussed by the Constitution as it is not the purpose of the Constitution to do that. The people of the several states are the sovereign in the American system, not the federal level of government. This means...

4. The people of the several states are the sovereign, and when there is a dispute, when the federal government exercises a power of dubious constitutionality on a matter of great importance, it is they themselves who are the proper disputants, as they review whether their agent was intended to hold such a power.  No other arrangement makes sense.  No one asks his agent whether the agent has or should have such-and-such power.  In other words, the very nature of sovereignty, and of the American system itself, is such that the sovereigns must retain the power to restrain the agent they themselves created.

5. I find it odd that you have a problem with nullification being not mentioned in the constitution, it's not enumerated. This is an odd complaint, coming as it usually does from those who in any other circumstance do not seem especially concerned to find express constitutional sanction for particular government policies.

The mere fact that a state’s reserved right to obstruct the enforcement of an unconstitutional law is not expressly stated in the Constitution does not mean the right does not exist.  The Constitution is supposed to establish a federal government of enumerated powers, with the remainder reserved to the states or the people.  Essentially nothing the states do is authorized in the federal Constitution, since enumerating the states’ powers is not the purpose and is alien to the structure of that document.

Alex Hamilton
Alex Hamilton

 @libertarianbuddhist Everything I wrote in my earlier response is based on the historical record. The founders realized that Congress might pass laws that were not consistent with the Constitution. There was discussion in the Constitutional Convention, in the ratifying conventions, and in public debate about what would happen if Congress exceeded its authority. Over and over, the founders stated that when Congress exceeded its authority, the solution was to be found in the federal courts, which would have the power to void such an act. On the other hand, there is no record contemporaneous with the passage and ratification of the Constitution in which the founder asserted that if Congress were to pass an act exceeding its authority, the states could nullify that act. If the states were thought to have that power, surely it would have been mentioned by someone at some point in the long debate over the Constitution and ratification. But it wasn't.

 

Quite the opposite. The founders understood that there could be disputes between the federal government and the states over the interpretation of the Constitution. A number of founders said that such disputes would be decided by the Supreme Court, not by the states.  For example, in the Constitutional Convention, Charles Pinckney referred to federal judges as "Umpires between the U. States and the individual States." John Rutledge said that the Supreme Court would "judge between the U.S. and particular states." Federalist No. 39 said that "in controversies relating to the boundary between the two jurisdictions [the federal government and the states], the tribunal which is ultimately to decide [i.e. the Supreme Court], is to be established under the general government. . . . Some such tribunal is clearly essential to prevent an appeal to the sword and a dissolution of the compact; and that it ought to be established under the general rather than under the local governments, or, to speak more properly, that it could be safely established under the first alone, is a position not likely to be combated." 

 

James Madison did not believe the states had the power to nullify federal laws. The Virginia Resolutions avoided asserting a power of nullification. In the Report of 1800, Madison made clear that declarations by the states that an act of Congress is unconstitutional do not actually nullify the act. Rather, said Madison, "The declarations, in such cases, are expressions of opinion, unaccompanied with any other effect than what they may produce on opinion, by exciting reflection. The expositions of the judiciary, on the other hand, are carried into immediate effect by force." And of course, Madison's statements at the time of the nullification crisis reaffirmed that he was no believer in nullification.

 

The historical record shows clearly that the founders knew and acknowledged that the power to declare acts of Congress unconstitutional was held by the federal courts, not by the states.

dustys
dustys

OK Tenth ammendment you say its unconstitutional that means its void when someone enforces that void law it becomes criminal are you willing to lay down your life to oppose an illegal law if so you are a true patriot.

EleanorWhitel
EleanorWhitel

@tseamon @tenthamendment Well, I want to nullify the law which allows my federal tax $$$ to fund HEALTH CARE for elected officials.

mygyro
mygyro

Excuse me; by "EO" I mean "Executive Order"...

mygyro
mygyro

Q: do the states need for a law to be passed to use nullification, or can a state refuse an EO based on the nullification principle?

libertarianbuddhist
libertarianbuddhist

 @mygyro You can pass a law or you could hold a convention which would declare it unconstitutional and therefore null and void in your state.

mygyro
mygyro

 @libertarianbuddhist

Thanks for your reply, libertarianbuddhist. I should add a bit of detail to clarify my question.

 

I'm thinking specifically of a situation where the President has issued an Executive Order that the state government believes is unconstitutional, but there is no corresponding law passed in the U.S. congress. Obama has been really bad about that.

 

So, can a state (in theory) refuse to follow the Executive Order, and thus also refuse to allow the Federal agents come enforce it in that state, based on the nullification principle?

libertarianbuddhist
libertarianbuddhist

 @mygyro I believe so. I've never considered the idea of executive order myself but as it has the same effect as a law, and in my mind is therefor unconstitutional itself, yes, nullification would work here as well. 

onetenther
onetenther

Can't we just make this bill ineffective by prohibiting states from creating the healthcare exchanges? 

Zinsky
Zinsky

What the right-wing handjobs on this moronic website don't seem to realize is that: (1) you are paying for the uninsured to have access to healthcare right now - except you are paying for the most expensive way to deliver it and that is when people are already extremely sick and present at the emergency room, and (2) that to do nothing about healthcare - NOTHING - is more expensive than Obamacare.   I don't think the Affordable Care Act was a good piece of legislation - we should have just implemented national health care like every other civilized country on the face of the planet - but it is far better than the inefficient, privatized sytem of piracy we have now, that permits fat, lazy CEOs of health insurance companies make millions from your insurance premiums, while 30 million of your fellow Americans go without health care!

Monorprise
Monorprise like.author.displayName 1 Like

 @Zinsky  The only reason anyone is forced to pay for someone else's vist to the emergency room is because of anther unauthersed and unconenable Federal userpation Known as the 1986 COBRA act. 

 

This act was a budget pushed thou at the very last minute with an amendment which forced hospitals to effectively giveaway their goods & services for free.  The result of this act was predictably a long chain of bankruptcy and consoldations across the Federation of hospitals unable to absobe the financal loss, as well as sinficantly higher healthcare costs.

 

So now you propose to fix the problem created by one oppressive mandate with anther oppressive mandate.  Why not just abolish the first oppressive mandate?

onetenther
onetenther

 @Monorprise  I didn't know that that was a part of the 1986 cobra act.  That is some more ammo to throw at these people.

leroylem
leroylem

 @Zinsky So, making slaves of those in the medical profession doesn't bother you? Clearly, force this on a citizen doesn't bother you. Prehaps you will get the mental health care you can't afford now when Obamacare kicks in,  but at such a cost to the rest of us...

onetenther
onetenther

 @Zinsky The real issue is a person's ability to choose for themselves.  If you think health insurance is to expensive then don't buy it at all.  That seems to save a person a lot of money and if you ever need some health care then you have to pay for it.   Most hospitals don't let you walk out without making some kind of payment plan.  You hear that.  You pay it back and probably with interest.  This means I am not paying for others. 

 

The second bomb to drop on your argument is that it really doesn't cost you anything at all for a doctor to treat someone for free.  When you pay for your treatment the doctor recieves money.  That money is his and if he wants to use it to treat others then that didn't cost you a thing.  You didn't get another bill in the mail trying to make you pay for johnies free service.  The doctor used his own money, time, and resources to do so and he didn't bill you for it so it didn't cost you a thing.

 

Now if you are going to say that the doctor made the service more expensive by trying to cover the cost of the uninsured then why not say that the doctor is also making the service more expensive by trying to cover the cost of his sports car.   He could have bought a Honda instead of the lamborgini.  Why not mandate the maximum amount of money a doctor can spend on their own life by XYZ so that we don't have to cover the cost of his expensive lifestyle?  It is a silly argument and so is the one about covering the uninsured.

libertarianbuddhist
libertarianbuddhist

 @Zinsky Your lack of curiosity about this issue is almost as shocking as your ability to completely swallow the "standard" answer about healthcare without doing some thinking and analysis of that answer. 

The system we have now is NOT privatized. That's the problem. The federal government already, prior to "Obamacare" accounts for 50% of all health-care expenditures. Since when is that "free market"? Hint: it is not. Add to this government regulation which increases demand and cuts supply (as doctors choose to retire or not accept things like Medicare/Medicaid) and what happens to the cost? Here's another hint (since you obviously failed economics 101): price increases. 

 

You say to do nothing would be more expensive than Obamacare... Do you know what the current of debt the US is at? Do you know the amount of unfunded liabilities we currently are on the hook for? How about this: what are the three biggest items in the federal budget? 

 

Rather than buy the "party line" hook, line and sinker perhaps you should do some research and give it some thought before you spout off a bunch of BS...

Search4diabetescure
Search4diabetescure like.author.displayName 1 Like

There are 3 Communist Jews on the Supreme Court. Jews by  nature are subversives, destroyer of nations.

 

This decision was a bold move by Jews to steer this country toward Socialism and eventually communism, the other side of the same coin it shares with Freemasonry, Judaism for Gentiles. The goal of which is to create 1 world government and 1 world religion.

 

No, this is not some stupid idea by some nut. This was what the Roman Catholic Church taught for hundreds of years until the Church itself was infiltrated by Communists and Freemasons beginning in the 1930s and culminated in a complete takeover in 1959 when Cardinal Rancelli became Pope John XXIII. The takeover was completed by then.

 

Welcome to what the Church has warned us for at least 400 years through many of her teachings and proclamations. The Church ceased to make these pronouncements because at the very top of the Church freemasonry reigns.

 

Things will get progressively worst from here.

Monorprise
Monorprise

 @Search4diabetescure I will not entertain Anti-semitism, the Jewish faith does not make a man do such evil things to other men as John Roberts did to us.  Only corruption of power has that effect.

G.j. Merits
G.j. Merits

It did originate in the House. Every conservative on the radio this morning is putting this to rest. I wish you were right.

Mark Cavaliere
Mark Cavaliere

The Supreme Court agreed that Obamacare is not constitutional under the commerce clause as liberals originally argued, but instead allowed it as a tax. If Obamacare is a tax then, it is AUTOMATICALLY NULLIFIED because all bills raising taxes must originate in the House of Representatives as per the U.S. Constitution... the version of Obamacare that finally passed originated in the Senate!!! http://youtube.com/watch?v=iyLU9-VqVxY U.S. Constitution, Article 1, Section 7: "All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills."

gopwop
gopwop like.author.displayName like.author.displayName 2 Like

The Supreme Court agreed that Obamacare is not constitutional under the commerce clause as liberals originally argued, but instead allowed it as a tax. If Obamacare is a tax then, it is AUTOMATICALLY NULLIFIED because all bills raising taxes must originate in the House of Representatives as per the U.S. Constitution... the version of Obamacare that finally passed originated in the Senate!!! http://youtube.com/watch?v=iyLU9-VqVxY U.S. Constitution, Article 1, Section 7: "All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills."

onetenther
onetenther

 @gopwop Did the senate just add things to it or was it a totally different bill entirely because they are allowed to add amendments to it if they wanted. 

onetenther
onetenther like.author.displayName 1 Like

 @gopwop I wish I can give you one million pts for that answer because you are exactly right. 

Monorprise
Monorprise like.author.displayName 1 Like

 @gopwop Not to mention as the decent noted if the individual mandate were a tax it would be a direct tax and thus require apportionment among the states.

 

It seems John negated to write a section defining how that apportionment is to be done in his hast to rewrite the bill.

chillydogg1
chillydogg1 like.author.displayName 1 Like

 @Monorprise The 16th amendment allows direct taxes. That's why it has to be repealed.

Monorprise
Monorprise like.author.displayName 1 Like

@chillydogg1

I won't argue with the wisdom of repealing the 16th amendment, but it should be noted that same amendment spesficly allows unapportioned income Tax’s Not any other kind of direct taxes.

 

As onetenther pointed out, non-activity does not generate any kind of income which could be taxed.

 

 

onetenther
onetenther like.author.displayName 1 Like

 @Monorprise  @gopwop I hate to get off topic monoprise but ain't direct taxes a tax on land, tomatos, and other tangable objects that is charge annually.  That is my understanding of a direct tax and is the opposite of a non-direct tax which is a tax on an activity.  A sales tax is not a direct tax because it is triggered when you buy something.  That would be an excise tax.  Right?

 

 

ammaw
ammaw

 @onetenther  @Monorprise  @gopwop Have you thought of looking at the Code Of Hammurabi, that was the Law Code of Babylon, which by the way-they fell...

onetenther
onetenther like.author.displayName like.author.displayName 2 Like

 @Monorprise  @gopwop I just thought of something as well.  If Obama is trying to say that this is a part of the income tax and an income tax is an excise tax then how can you have a excise tax on non-activity such as not buying health insurance.  

Monorprise
Monorprise

 @onetenther  @gopwop   You may be right on that as well,  from what i read a direct tax is any tax by the Federal Government directly upon individuals.   I of course agree it really is hard to define a tax upon inaction.

history_man1
history_man1

@NoPovertyPimps what was Roberts thinking? There is lots of speculation out there...it pissed a lot of people off!

NoPovertyPimps
NoPovertyPimps

@history_man1 ...just gives us more opportunity to rally the masses and push the state back. This ruling is going to be bone crushing.

NoPovertyPimps
NoPovertyPimps

@history_man1 well, I know what I'll be busy working on promoting - #nullification of #aca

onetenther
onetenther

What we need is a nullification amendment added to the constitution. 

David Stillwell
David Stillwell

Nullification will not work now because the Supreme Court stepped in. The red states must demand that the US Congress call for an Article V Constitutional Convention. That is the only way to put the fear of God into the national government.

Richard Damiani
Richard Damiani

This was the final act of Reconstruction in taking all power away from the States and the people where the 10th firmly places power. The Tree of Liberty needs watering.

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  2. [...] #9 The communications director of the Tenth Amendment Center Mike Maharrey [...]

  3. [...] same day of the decision, followers of the Tenth Amendment Center received an email castigating the ruling. “Now that the Supremes have crushed constitutional [...]

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  8. [...] the Court has refused to impose any real limits on federal authority, some have argued that the states should nullify Obamacare.  Already two states, Ohio and Missouri, have passed [...]