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.