Nullify ObamaCare in Your State With This Model Health Care Nullification Act

Nullify ObamaCare in Your State With This Model Health Care Nullification Act
Written by Larry Greenley
Thursday, 22 April 2010 15:42

Now that the two major bills comprising ObamaCare, the Patient Protection and Affordable Care Act (Public Law 111-148, March 23, 2010) and the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152, March 30, 2010) have been passed into law, the fight to repeal ObamaCare has been embraced by many organizations. Some individuals and organizations are placing their hopes in the lawsuits being filed by the attorneys general of nearly 20 states. Some are relying on repealing ObamaCare in Congress. And, many others have concluded that the best strategy is nullification of ObamaCare on a state-by-state basis.

With so much of our freedom and prosperity at stake it is highly advisable to pursue all three strategies for stopping ObamaCare. However, there are some definite drawbacks to each method. The battle in the courts is over the principle of whether the state can mandate individuals to purchase healthcare insurance. Although this mandate is a very important provision of ObamaCare, a favorable court decision would likely not be sufficient to repeal all of the two ObamaCare laws. The presumably massive remnant of ObamaCare would likely have enough provisions to complete the federal government’s takeover of healthcare in spite of any court rulings striking down the individual mandate. And, the court battle will be lengthy.

An outright repeal of the two ObamaCare bills by Congress would be ideal; however, even if the makeup of Congress changes sufficiently in both the Senate and House in the fall 2010 elections to pass repeal legislation in 2011 or 2012, President Obama could still veto it. So, that means that outright repeal would depend on electing a new President in 2012 that would favor repeal. Once again, the process is lengthy.

Nonetheless, the third strategy, nullification by state legislatures, could begin immediately in 2011 (and possibly in 2010 in those few states where such new legislation could still be introduced this year). Although the nullification strategy has the disadvantage of being unfamiliar to most Americans, it has the definite advantage of being part of the hottest current trend in state legislative initiatives, the Tenth Amendment movement to reassert state sovereignty over those powers not delegated to the federal government by the Constitution. Nullification refers to the process by which a state passes a law declaring a certain federal law (or laws) to be null and void within that state based on the absence of constitutional authority for the federal government to pass such a law (or laws). Historian Thomas Woods has written an excellent brief history of state nullification of federal laws in his article, "The States’ Rights Tradition Nobody Knows."

In recent years dozens of states have introduced nullification-type legislation to stop Real ID, affirm the Tenth Amendment, reject federal firearms laws for guns manufactured, sold, and used intrastate (known as Firearms Freedom Acts or FFA), and reject a federal mandate to buy healthcare insurance. With a couple dozen states taking a stand against various aspects of the Real ID Act, this federal program has been effectively stopped. Twenty-five states have already introduced Firearms Freedom Acts; Alaska is expected to become the eighth state to pass a Firearms Freedom Act in a few days. Just last week, Alabama, Idaho, South Carolina, South Dakota, West Virginia and Wyoming joined Utah in filing a friend-of-the-court brief in federal court in Montana in support of Montana’s FFA legislation.

Of course, the nullification approach to stopping ObamaCare is not going to be a cakewalk. Far from it. As presently composed, of course all three branches of the federal government will reject the concept of state nullification of federal laws out of hand. However, if dozens of states pass ObamaCare nullification acts, then we’ll know there’s sufficient support across the nation to begin the process of restoring our freedom by nullifying at the state level and defunding and repealing at the federal level over the next few years a whole series of unconstitutional federal laws beginning with ObamaCare. There is no easy way to recover our freedom under the Constitution, but applying the nullification strategy to the very unpopular ObamaCare legislation provides a vision for how the rapidly-growing, grassroots, constitutionalist movement can begin to take back our freedom state by state. Still, the long range key to success will be creating a sufficiently informed electorate to make Congress (through elections), and eventually the Executive and Judicial Branches (through elections and appointments), adhere to the Constitution.

Click here for a "Model Federal Health Care Nullification Act for State Legislatures," which is:

An Act to render null and void certain unconstitutional laws enacted by the Congress of the United States, taking control over the health care and health insurance industries and mandating that individuals purchase health insurance under threat of penalty.

The key provision of this act declares:

The Legislature of the State of ________ declares that the federal laws known as the “Patient Protection and Affordable Care Act” (Public Law 111-148) and the “Health Care and Education Reconciliation Act of 2010” (Public Law 111-152), signed by President Barack Obama on March 23 and 30, 2010, are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the Founders and Ratifiers, and are hereby declared to be invalid in this State, shall not be recognized by this State, are specifically rejected by this State, and shall be considered null and void and of no effect in this State.

Help begin the process of getting an ObamaCare nullification act introduced and passed in your state legislature by clicking here to send a message to your state representative, state senator, governor, lieutenant governor, and attorney general in support of such legislation. Click here for contact information for your state legislators for personal follow-up. Don’t worry that your state legislature might be out of session for the year, or still in session, but not able to introduce new bills. We need to be making ObamaCare nullification into a major campaign issue at the state level for the 2010 elections in November. Use any answers that you get to help you decide who to support in the fall elections. Electing candidates committed to ObamaCare nullification and repeal is key.

Begin taking back your freedom now by working to get ObamaCare nullified in your state!

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