Saturday, April 24, 2010

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

Excellent approach to the eventual elimination of ObamaCare. Read and send to your state representatives.

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

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