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State Rep. Brian Calley, R-Portland; State Rep. Justin Amash, R-Kentwood; and State Sen. Wayne Kuipers, R-Holland, have each introduced similar constitutional amendments that seek to trump the national health care bills.
For example, Sen. Kuipers' bill would prohibit a federal law from compelling any person, employer or health care provider to participate in any health care system. It also prevents anyone from being penalized for ignoring the federal law.
"Where this is going, I don't know," Kuipers said this week. "You don't know until the states try to do it."
According to a 10th Amendment think tank, 26 states have attempted their own versions of Kuipers' bill. Arizona has had its version passed by both houses of Congress, and it will be voted on by residents in November. Virginia also had both houses of Congress pass a similar bill, and it is awaiting the governor's signature.
Constitutional law experts say state law does not take precedence over federal law.
"This would violate the U.S. Constitution if challenged," Frank Ravitch, a professor of law at Michigan State University College of Law, wrote in an e-mail.
Kermit Roosevelt, a professor at the University of Penn Law School, wrote in an e-mail that the Supremacy Clause in Article VI of the Constitution gives federal law power over state law.
"States cannot say no to a federal mandate," Roosevelt wrote. "Any state law or constitutional provision that conflicts with a federal law is void."
Michael Boldin, founder of the 10th Amendment Center — a public policy think tank in Los Angeles — said there are cases where state resistance has stymied federal law.
The REAL ID Act of 2005 is a U.S. federal law that was to impose new security standards for a state's driver's licenses. Many states opposed it with their own state laws, and the act has not been implemented, Boldin said.
"Basically a bunch of people all across the country are saying, 'No. We aren't going to go along with it,' and getting state government to back them," Boldin said. "They (federal government) didn't threaten to take away funding. They didn't send in armed guards. They just repeatedly delayed implementation. In fact, it (REAL ID) is null and void.
"The real success in these actions is 'we the people' saying we are in charge and the federal government is not going to force things down our throat."
Boldin said medical marijuana could also be a route that the states go in their battle against Obama's health care plan.
In California and Michigan, the state law is in conflict with the national law on marijuana. In both states, the federal government can prosecute for medicinal marijuana use even though the state allows it.
"You can have a situation where federal law prohibits something that states permit," Roosevelt said. "That means that the state won't arrest or prosecute you for it, but the federal government still might. State law can't protect you from federal law. But enforcement of marijuana laws is a low priority for the federal government, so effectively you might be safe — I think the Obama administration actually had a policy statement about how they weren't going to devote resources to this in California."
Boldin said that is why it is important for as many states as possible to join the other states if they want to make Obamacare realistically unenforceable.
Not so much civil disobedience, but federalism...remember that concept?
“Supremacy Clause in Article VI of the Constitution gives federal law power over state law. “
And, by any reasonable reading, Ammendment X limits the scope and power of the federal government.
IMHO these “push back” state laws and resolutions are worthwhile, clear shots across the bow of a radical Congress and Marxist President.
Should National Socialized Health Care become law, these states should be the first to challenge it, for under Article III Section 2, the suits would go immediately to the Supreme Court.
“It really comes down to this: My conservative political philosophy does not threaten or affect the freedom of liberals. I don’t ask them to sacrifice anything for me, but they DEMAND I sacrifice for them”
That's what they'd like you to believe. They might try comprehending the 10th amendment.
Ping
I don’t think the CBO factored this in their estimate of how much this nationalized healthcare would cost, not that I believed their estimates anyway. It will probably be 10 times their estimate.
That is true. Calling an unconstitutional statute, regulation, or other rule a "law" does not make it one, however.
I would like to see more people start referring to illegitimate statutes as precisely that. Note that the term "unconstitutional" has become so passé I think "illegitimate" is probably better. To be sure, anything which is unconstitutional is--by definition--illegitimate, but many people don't realize that.
Just as Obama threatened during the Democrat/Progressive Republican healthcare/takeover summit last month we will test the electorate in November on their healthcare vote. The same can be done with state sovereignty. We can test the Constitutionality of this in court.
Doesn’t matter, they have to pass the SENATE version first, then it will be HAND carried to the WH for obambi to sign into law. Keep those phones ringing, even if your rep is a republican call them and tell them in no uncertain terms HELL NO to any health care bill.
Be sure to call your Republican Reps and tell the HELL NO or we vote you out in Nov.
Defeat Obamacare call list: List now contains the new MAYBES culled from FR posts.
PLEASE CALL! DC OFFICE LOCAL OFFICE State District
Code Red” - House Target List on Health Care
The National Republican Congressional Committee has published a target list on health care. In addition to continuing to contact the five Tennessee Democrat Congressmen, you can go http://www.votervoice.net/link/clickthrough/ext/94697.aspx to contact some of these targets. Much of the talk following Obama’s announcement has focused on how to defeat this second bill through reconciliation, but that is misleading because the first step to defeating Obamacare is not by concentrating on defeating the “fixer” bill but by defeating the Senate bill in the House when it goes to the floor for an up-or-down vote on Thursday, March 18th.
Rep. Lincoln Davis 202-225-6831 Columbia office: 931-490-8699
Rep. Jim Cooper 202-225-4311 Nashville office: 615-736-5295
Rep. Bart Gordon 202-225-4231 Murfreesboro office: 615-896-1986
John Tanner (202) 225-4714, Union City, (731) 885-7070, Jackson Phone: (731) 423-4848, Millington (901) 873-5690 TN (MAYBE)
Rep. Steve Cohen 202-225-3265 Memphis office: 901-544-4131
Harry Mitchell (202) 225-2190 (480) 946-2411 AZ 5th District
Gabrielle Giffords (202) 225-2542 (520) 881-3588 AZ 8th District
Ann Kirkpatrick (202) 225-2315 (928) 226-6914 AZ 1st District
Jerry McNerney (202) 225-1947 925-833-0643 CA 11th District
John Salazar 202-225-4761 970-245-7107 CO 3rd District
Jim Himes (202) 225-5541 (866) 453-0028 CT 4th District
Alan Grayson (202) 225-2176 (407) 841-1757 FL 8th District
Bill Foster (202) 225-2976 630-406-1114 IL 14th District
Baron Hill 202 225 5315 812 288 3999 IN 9th District
Mark Schauer (202) 225-6276 (517) 780-9075 MI 7th District
Gary Peters (202) 225-5802 (248) 273-4227 MI 9th District
Dina Titus (202) 225-3252 702-256-DINA (3462) NV 3rd District
Carol Shea-Porter (202) 225-5456 (603) 743-4813 NH 1st District
Tim Bishop (202) 225-3826 (631) 696-6500 NY 1st District
John Hall (202) 225-5441 (845) 225-3641 x49371 NY 19th District
Bill Owens (202) 225-4611 (315) 782-3150 NY 23rd District
James Matheson Toll-Free Number 1 (877) 677-9743 (202) 225-3011Mike Arcuri (202)225-3665 (315)793-8146 NY 24th District
Dan Maffei (202) 225-3701 (315) 423-5657 NY 25th District
Earl Pomeroy (202) 225-2611 (701) 224-0355 ND At-Large District
Steven Driehaus (202) 225-2216 (513) 684-2723 OH 1st District
Mary Jo Kilroy (202) 225-2015 (614) 294-2196 OH 15th District
Zach Space (202) 225-6265 (330) 364-4300 OH 18th District
Kathy Dahlkemper (202) 225-5406 (814) 456-2038 PA 3rd District
Patrick Murphy (202) 225-4276 (215) 826-1963 PA 8th District
Christopher Carney (202) 225-3731 (570) 585-9988 PA 10th District
Paul Kanjorski (202) 225-6511 (570) 825-2200 PA 11th District
John Spratt (202) 225-5501 (803)327-1114 SC 5th District
Tom Perriello (202) 225-4711 (276) 656-2291 VA 5th District
Alan Mollohan (202) 225-4172 (304) 623-4422 WVA 1st District
Nick Rahall (202) 225-3452 (304) 252-5000 WVA 3rd District
Steve Kagen (202) 225-5665 (920) 437-1954 WI 8th District
Bart Stupak (202) 225 4735 MI (MAYBE)
Brian Baird (202) 225-3536, Vancouver, (360) 695-6292. Olympia, (360) 352-9768, (MAYBE)
senator mark begich (202) 224-3004 toll free. (877) 501 - 6275 just became a MAYBE
Jason Altmire 202-225-2565, Aliquippa, 724-378-0928,
Natrona Heights, 724-226-1304 (MAYBE)
On the Bubble (Major developments from the “yes” and “no” columns in the House)
http://www.freerepublic.com/focus/news/2467046/posts
ammo for signs
“Freedom is never more than one generation away from extinction. We didn’t pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children’s children what it was once like in the United States where men were free.” ~~ President Ronald Reagan
We The People, Ray Stevens (obamacare) http://www.youtube.com/watch?v=Dc_-L4fyLUo
OBAMANOMICS—TRICKLE DOWN DESTRUCTION of the economy
Bambi doesn’t keep his promises...so buyer beware!
SET THEIR LOCAL AND DC LINES ON FIRE!
PLEASE ASK THEM TO REPEAL THE BIG NEW FEES in TRICARE for Life, the retired Military over 65 secondary health ins. which they passed in a DOD bill. They promised our Military these benefits, and our Military have earned them.
Sen Scott Brown’s number is 202-224-4543
Capitol Hill switchboard is 202-224-3121
Lots of local demwit phone numbers on this thread
http://www.freerepublic.com/focus/news/2408217/posts
Rename, repackage, rewrite it a tad smaller, and sell another pig in a poke. NO COLAs for granny, retired Military or retired fed employees. BIG NEW fees for Tricare for Life retired over 65 Military’s secondary health ins. (DOD bill already passed, delayed but goes into effect 2011 NEEDS TO BE REPEALED!
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OBAMA’s WAR ON SENIORS http://www.freerepublic.com/focus/f-news/2433867/posts/
New Dem mantra: Woof, woof eat dog food granny....ala let them eat cake.
More Senate healthcare horrors: Starving seniors, Alzheimer’s cuts
http://www.freerepublic.com/focus/news/2469701/posts
Obama Puts Social Security on the Chopping Block (this is a commie rag)
http://motherjones.com/mojo/2010/01/obama-puts-social-security-chopping-block
Obama says slight fix will extend Social Security, http://townhall.com/news/us/2010/02/19/obama_says_slight_fix_will_extend_social_security
Health Care Rationing for Seniors Another Problem in New Obama Plan http://www.lifenews.com/bio3058.html
Medicare tax may apply to investment income (ObamaCare tax hike)
http://www.freerepublic.com/focus/f-news/2460988/posts
Obama: No reduced Medicare benefits in health care reform
http://www.cnn.com/2009/POLITICS/07/28/obama.health.care/index.html
Will healthcare reform mean cuts in Medicare for seniors?
http://www.csmonitor.com/USA/Politics/2009/1017/will-healthcare-reform-mean-cuts-in-medicare-for-seniors
Health Reform’s Hidden Victims Young people and seniors would pay a high price for ObamaCare.
http://online.wsj.com/article/SB10001424052970203517304574306303720472842.html
Defaulted Loans May Haunt Seniors (Cuts SS CHECKS)
http://www.freerepublic.com/focus/news/2467213/posts
Obama to outline $313 billion in Medicare, Medicaid spending cuts
http://articles.latimes.com/2009/jun/14/nation/na-obama-radio14
A trip to the grocery store Tuesday saw cost of food skyrocketing again.
http://seniorjournal.com/NEWS/SocialSecurity/2009/20090629-SenCitMayNotGet.htm
Report: Bill would reduce senior care Medicare cuts approved by House may affect access to providers
http://www.washingtonpost.com/wp-dyn/content/article/2009/11/14/AR2009111402597.html
Unions Cut Special Deal on Health Taxes (Healthcare cost for seniors going up to pay for unions)
http://online.wsj.com/article/SB20001424052748704281204575003040695279432.html
Mayo clinic
http://www.investors.com/NewsAndAnalysis/Article.aspx?id=517004
Weighing Medical Costs of End-of-Life Care (Money, Death Panels and The Duty to Die)
http://www.nytimes.com/2009/12/23/health/23ucla.html?_r=1&ref=business&pagewanted=all
Seniors’ coverage options dwindle as Medicare Advantage programs close shop
http://www.dallasnews.com/sharedcontent/dws/bus/stories/DN-advantage_22bus.ART.State.Edition1.3c912a9.html
Screwing the Seniors? AARP to Make Millions Off of Obamacare
http://yidwithlid.blogspot.com/2009/10/screwing-seniors-aarp-to-make-millions.html
Health Care Rationing for Seniors Another Problem in New Obama Plan
http://www.lifenews.com/bio3058.html
Balch calls that “genuine chutzpah” because the Obama plan makes that claim “even as it imposes what will be ever-increasing rationing on senior citizens.”
The Senate health care bill already contains provisions that threaten to ration lifesaving medical treatment for seniors.
NRLC says state commissioners of the new health insurance exchanges created by the bill would be given significant power. They could deny people who are trying to obtain policies in the exchange the option of choosing health plans less likely to deny treatment, by limiting what they would be allowed to pay for such policies.
Related web sites:
National Right to Life Committee - http://www.nrlc.org
Obama: No reduced Medicare benefits in health care reform
http://www.cnn.com/2009/POLITICS/07/28/obama.health.care/index.html
Will healthcare reform mean cuts in Medicare for seniors?
http://www.csmonitor.com/USA/Politics/2009/1017/will-healthcare-reform-mean-cuts-in-medicare-for-seniors
Health Reform’s Hidden Victims Young people and seniors would pay a high price for ObamaCare.
http://online.wsj.com/article/SB10001424052970203517304574306303720472842.html
Repeal Obamacare? Unlikely
http://townhall.com/columnists/DavidHarsanyi/2010/03/10/repeal_obamacare_unlikely
Obama spent last week campaigning for health care reform, at one point getting some college-age fans worked up about all the free stuff — “free” preventive care and “free” checkups and so forth — they would receive if his version of health care reform passed.
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Slashing Medicare to pay for healthcare reform an ugly shell game
Dr. Stuart M. Shapiro,
July 27, 2009
http://www.mcknights.com/slashing-medicare-to-pay-
for-healthcare-reform-an-ugly-shell-game/article/140656/
If the cost is by cutting Medicaid and Medicare, then taxpayers are in for a rude awakening when millions will retire without money to pay for their healthcare. Ransoming seniors’ long-term care for immediate, large-scale health reform is more politically beneficial for its supporters in the short-term than it is reasonable for everyone in the long run.
In fact, even in the short-term, one could argue that taxpayers, including the elderly, are looking at an old-fashioned shell game from Washington. No sooner was the ink dry on the federal stimulus package, which provided millions of dollars to support care for the elderly in Pennsylvania, before Congress and the administration began to propose major cuts in Medicare to finance healthcare reform. Because Medicare payments support quality care in our nation’s nursing homes, the proposed cuts nationally approaching $50 billion in Medicare payments for the care of the elderly is guaranteed to undercut the quality gains of the past decade. In Pennsylvania, if the proposals currently on the table are enacted, these policies would result in an almost 10% reduction in cumulative payments over 10 years, or more than $2.1 billion.
None of the answers on healthcare, Social Security, Medicaid or Medicare is easy. But there is one thing we do know: Our population is growing older, and doing so rapidly. Cutting money from the programs that finance care for Pennsylvania seniors is seriously flawed. There is no simple or single solution. But there is a wrong way, and taking money from the care for American seniors is deeply flawed.
Stuart H. Shapiro, M.D., is the president and CEO of the Pennsylvania Health Care Association
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SOCIALIZED MEDICINE THREAD http://www.freerepublic.com/focus/f-news/2469301/posts
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MILITARY & Retired MILITARY
Veterans’ G.I. Bill benefits MIA
http://www.freerepublic.com/focus/f-news/2464680/posts
TRI CARE FOR LIFE This from a google search:
http://economicspolitics.blogspot.com/2009/05/tricare-for-life-is-obama-trying-to.html
This option would help reduce the costs of TFL, as well as costs for Medicare, by introducing minimum out-of pocket requirements for beneficiaries. Under this option, TFL would not cover any of the first $525 of an enrollee’s cost-sharing liabilities for calendar year 2011 and would limit coverage to 50 percent of the next $4,725 in Medicare cost sharing that the beneficiary incurred. (Because all further cost sharing would be covered by TFL, enrollees could not pay more than $2,888 in cost sharing in that year.) http://www.cbo.gov/ftpdocs/99xx/doc9925/12-18-HealthOptions.pdf
Pushing Veterans Toward the Grave
http://www.christianpost.com/blogs/opinion/2009/08/pushing-veterans-toward-the-grave-31/
Congress plans to block Tricare fee increases
http://www.armytimes.com/news/2009/10/military_tricarefees_blocked_100709w
http://www.navytimes.com/news/2009/10/military_tricarefees_blocked_100709w/
By Rick Maze - Staff writer, Oct 7, 2009
Tricare fee increases imposed last week by the Defense Department will be repealed by a provision of the compromise 2010 defense authorization bill unveiled Wednesday by House and Senate negotiators.
The fee increases were announced on Sept. 30 and took effect on Oct. 1, but the defense bill, HR 2647, includes a provision barring any fee increases until the start of fiscal 2011.
Retired Army Maj. Gen. Bill Matz, president of the National Association for Uniformed Services, said the announcement of fee increases was shocking considering that the Obama administration promised earlier this year to hold off on any new fee Tricare fee increases until fiscal 2011.
“President Obama and DoD assured NAUS and the entire military family earlier this year that there would rightly be no increases in any Tricare fees” in fiscal 2010, Matz said. “We took them at their word, and I can’t believe that a co-pay increase like this was allowed to go forward,” he added.
They use the Constitution to support their fascist crap then they tell us it is a living document and not applicable to anything they stand against. Either we have a constitution or we don't if we don't, let's go hunting!
What states could do is pass laws that will revoke the business license of any corporation that complies with the federal heath care ripoff. Businesses will always follow the path of least resistance. If states start shutting down corporations the will not comply with the feds.