Yes, States Have the Constitutional Right to Nullify Obamacare

Capitalism Institute – Cross-Posted at THITW: Every effort to navigate the proper channels to repeal Obamacare have been thus far blocked by Democrats (and even some big government Republicans), despite practically everyone hating the oppressive legislation.

Naturally, states are considering other means by which to stop this economic disaster before it gets even worse.

South Carolina and Georgia have already jumped on board with a state-level model developed by the Tenth Amendment Center to effectively nullify Obamacare in their states. The template is even being applied outlaw the NSA from operating within Arizona.

Using this model to combat Obamacare, South Carolina and Georgia are prepared to “nullify” Obamacare by withholding the state’s personnel and resources the law depends on. It would be illegal for the state’s resources to contribute towards the law’s implementation. This is essentially how it works:

Nullification begins with a decision made in your state legislature to resist a federal law deemed to be unconstitutional. It usually involves a bill, passed by both houses and signed by your governor. In some cases, it might be approved by the voters of your state directly, in a referendum. It may change your state’s statutory law or it might even amend your state constitution. It is a refusal on the part of your state government to cooperate with, or enforce any federal law it deems to be unconstitutional.

Most of the “naysayers” will tell you that these nullification efforts are “illegal” because of the supremacy clause:

This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

However, those at the Tenth Amendment Center disagree:

The major argument used by those that oppose Nullification is the Constitution’s supremacy clause. But in fact, the arguments for the supremacy clause ARE the arguments for nullification.

They continue:

The major architects of the Constitution, and those that led the fight for its adoption, laid down what the supremacy clause meant during the ratifying conventions. By doing so, they defended state sovereignty, and set the stage for the negation of unconstitutional actions.

Judge Andrew Napolitano, a senior judicial and political analyst, recently confirmed that these efforts are, in fact, legal — and effective

[I]t will gut Obamacare because the federal government does not have the resources or the wherewithal […] to go into each of the individual states.

It was Alexander Hamilton who said, “but the laws of Congress are restricted to a certain sphere, and when they depart from this sphere, they are no longer supreme or binding.”

The TAC cites several other historic quotes from the New York, Pennsylvania, North Carolina ratifying conventions and the Federalist Papers demonstrating that the supremacy clause is — and was intended to be — a platform upon which we could hold an overbearing federal government “in check”:

[The Founders] established the means for the states to defend themselves and their citizens from a general government that exceeding its authority and that power is NULLIFICATION.

The nullification of overbearing, unconstitutional federal laws is essential to preserving our liberty. The Founders were certainly not ignorant of the consequences of letting a federal government run amok; thus, they crafted in our Constitution a fail-safe.

When Congress seems more interested in propelling us head-first into tyranny rather than protecting us from it, we have to take matters into our own hands.

The nullification efforts in South Carolina, Georgia, and Arizona are just the beginning.

You can help fight this country’s descent into despotism by sharing this article with your legislators, friends, family, and colleagues. Liberty is at risk with every passing generation. It is time to take action.

About Ask Marion

I am a babyboomer and empty nester who savors every moment of my past and believes that it is the responsibility of each of us in my generation and Americans in general to make sure that America is as good or even a better place for future generations as it was for us. So far... we haven't done very well!! Favorite Quotes: "The first 50 years are to build and acquire; the second 50 are to leave your legacy"; "Do something that scares you every day!"; "The journey in between what you once were and who you are becoming is where the dance of life really takes place". At age 62 I find myself fighting inoperable uterine Cancer and thanks to the man upstairs and the prayers from so many people including many of my readers from AskMarion and JustOneMorePet... I'm beating it. After losing our business because of the economy and factors related to the re-election of President Obama in 2012 followed by 16-mos of job hunting, my architect-trained husband is working as a trucker and has only been home approximately 5-days a month since I was diagnosed, which has made everything more difficult and often lonely... plus funds are tight. Our family medical deductible is 12K per year for two of us; thank you ObamaCare. But thanks to donations from so many of you, we are making ends meet as I go through treatment while taking care of my father-in-law who is suffering from late stage Alzheimer's and my mother-in-law who suffers from RA and onset dementia as well as hearing loss, for which there are no caretaker funds, as I continue the fight here online to inform and help restore our amazing country. And finally I need to thank a core group of family, friends, and readers... all at a distance, who check in with me regularly. Plus, I must thank my furkids who have not left my side through this fight. You can see them at JustOneMorePet.
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4 Responses to Yes, States Have the Constitutional Right to Nullify Obamacare

  1. Pingback: The Wrap at Ask Marion 12.08.13 Thru 12.15.13 | askmarion

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  4. Pingback: BREAKING: Missouri Senate Votes to Nullify Federal Gun Control | askmarion

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