“It is the law of the land.” This is the excuse that you hear many who oppose Obamacare…or claim to oppose it…use to stop fighting. It is the same argument that the “conservative” Idaho State Legislature used to pass a state healthcare exchange. They kept claiming that they had two choices, a state run exchange or a federally run exchange. That argument is bad enough because experience with the “state-run” Medicare and food stamp programs should have given them the wisdom to realize that a federally micromanaged, “state-run” program gives the state absolutely no authority. The only thing that the state gained from either of those two programs was blame any time things go wrong. For the Idaho legislators to claim that a state exchange would keep the power with the state was nothing more than hope triumphing over experience.
The bigger issue is that state legislators absolutely refuse to study and learn the truth. They had a third option. They said, over and over, “It is the law of the land,” and “The Supreme Court ruled…” Once again, they spit out what is spoon fed to them. The Supreme Court did NOT rule that Obamacare was legal. The actual ruling had a few parts:
They ruled that citizens cannot be mandated to purchase anything with threat of a fine.
They ruled that Obamacare was not legal under the Interstate Commerce Clause because that would be the mandate/fine scenario.
They ruled that the federal government could not force states to expand Medicare or cut current funding.
They ruled that the federal government could only use taxing power for such programs.
So the Obama Administration moved forward by calling the fine a tax, without changing anything. There is no Constitutional way for Obamacare to go forward without going through Congress again. Here are some reasons:
If the penalty is a tax, then this is a revenue bill and all revenue bills must start in the House. This version started in the Senate and never even was voted on by the House, it was “deemed” to have been passed in the House.
This created an obscene number of new taxes. New taxes must be passed by Congress.
So, Obamacare is NOT the law of the land. It is not even law. It is still a bill.
HOWEVER, there is a simple option left to the states. Nullification. Obamacare should never have been heard by the courts. It is not the Supreme Court that the Constitution left to determine the Constitutionality of a law passed by Congress, (judicial review). I realize that is what most readers were taught…I was taught that. It is not true. But hey, do not take my word for it. In Marbury v. Madison 1803, the US Supreme Court said the same thing. The unanimous decision was that the Constitution did NOT grant the power of judicial review to the US Supreme Court. In the same ruling, they took an unconstitutional turn. They claimed power that they do not have. They claimed that they had the power of judicial review because they SHOULD have it. They stated that interpreting law is a matter for the courts, so it rested with the court.
Well, the Constitution did clearly spell out where that power rests. In the 10th Amendment, it states that any powers not granted to the federal government, nor prohibited to the states, rests with the states and the people. The power of judicial review was not granted to the federal government, nor prohibited to the states, so it rests with the states.
Logic also rests here as the people created the states and through representation the federal government was created by the states. It is absurd to think that a branch of the created (Supreme Court) gets to dictate to the creators (sovereign states), what powers the federal government and the states have.
Thomas Jefferson spelled out how this works in the Kentucky Resolutions of 1799. He said that if an elected person is acting outside of his authority, then it is the right of the people to remove that person. If the federal government was acting beyond its authority, then it is the states who had the right to stop that abuse of power. The rightful remedy for this was nullification.
The states determine the power of the federal government, and when the federal government is growing beyond its Constitutional limit, it is the right, the power, and the duty of the state to nullify any such abuse. It has happened in the past, even the recent past. The Real ID Act of 2003 was effectively nullified when 14 states said that they would not do it. That number is now around 30 states.
Our state legislatures have let us down. They have succumbed to bullying by the federal government. They believe that the federal government has more power than do the states. It is time to educate ourselves, educate our elected officials, and take our country back.
If you want to know more about nullification, abuses by the federal government and how to take it back, contact me jon@YourVN.net or get my book on Amazon.com. It is titled “I Want My Country Back” It blows the doors off of the indoctrination of public education.
Also check out National Vote Out Incumbents. United, we CAN take this country back.
You took the time to read this article. For that I thank you.
I would appreciate if you would take the time to leave a comment before you go.
~ By Jon Colson