Idaho Set to Nullify Obama's Health Care Law

Fox News ^ | 1/22/2011 | ap

[tobyhill]

After leading the nation last year in passing a law to sue the federal government over the health care overhaul, Idaho's Republican-dominated Legislature now plans to use an obscure 18th century doctrine to declare President Barack Obama's signature bill null and void.

Lawmakers in six other states -- Maine, Montana, Oregon, Nebraska, Texas and Wyoming -- are also mulling "nullification" bills, which contend states, not the U.S. Supreme Court, are the ultimate arbiter of when Congress and the president run amok.

It's a concept that's won favor among many tea party adherents who believe Washington, D.C., is out of control.

Though a 1958 U.S. Supreme Court decision reaffirmed that federal laws "shall be the supreme law of the land," Gov. C.L. "Butch" Otter is promoting the idea, too. In his January 10 State of the State speech, he told Idaho residents "we are actively exploring all our options -- including nullification."

[SW6906]

Love it. The more challenges there are to the law - no matter their chances of success - the better. Keeps it in the news and reinforces that there are a significant number of people out here who DO NOT want this law.

[bill1952]

>Though a 1958 U.S. Supreme Court decision reaffirmed that federal laws “shall be the supreme law of the land,

Gee, what a surprise. A Federal court says that a Federal Court is the highest authority.

Time for push come to shove.

[Cobra64]

The more challenges there are to the law - no matter their chances of success - the better. Keeps it in the news and reinforces that there are a significant number of people out here who DO NOT want this law.

.

Keep hammering, hammering, and hammering until this beast is dead.

[kbennkc]

Wow this is great. We get slaves in Idaho. If they run away from you'll and we catch them, and we are not sending them back anymore. Just because the courts have ruled against this for 200 years or so, doesn't mean it won't work for the first time now. Sally Hemmings get your biscuits in the oven and your buns in bed, the massa is home tonight.

[Defend Liberty]

Idaho’s lawsuit, as with any other lawsuits involving states, should go directly to SCOTUS per Article 3 Section 2 of the Constitution. It states SCOTUS has original jurisdiction for any cases regarding the states. Therefore filing such lawsuits at the appellate level is Unconstitutional!

[LibLieSlayer]

Twenty Six States... soon to be 28... can you hear us now bammy?

LLS

[rarestia]

And this is why we have the 2nd Amendment! The Feds are scared to death of the people owning modern firearms, because they know when push comes to shove, the People will side with their States over the Fed. The State has the obligation to call the militia into active duty if the Federal government is out of control. I think it’s far past due.

[LibLieSlayer]

The states are all powerful... they just forgot... but they are remembering. The states can cripple the fed overnight... make the bitch cry and beg... and they/we will if the fed continues on their dictatorial path.

LLS

[Blueflag]

huh?

[Defend Liberty]

Though a 1958 U.S. Supreme Court decision reaffirmed that federal laws "shall be the supreme law of the land

Federal laws can only pertain Constitutionally to the powers granted to Congress in Article 1 of the Constitution to aid Congress in fulfilling its responsibilities to enforcing those powers. To quote from Article 1 section 8:

"To make all laws necessary which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in Department or officer thereof".

Regulating health care is not an enumerated power granted to Congress in Article 1 Section 8 nor is it a power granted anywhere else in Article 1 therefore the 1958 ruling does not apply to Obamacare.

[Graybeard58]

It’s time for the states like Idaho tell the S.C., like Andrew Jackson did. (paraphrasing) “Let the Supreme Court try to enforce it”.

[Truth29]

Any Freeper attorney's want to weigh in on this? From a layman's point of view, it looks like this comes down to who has more and bigger guns and Obama is working hard to make sure that the military is made over in an image suitable to backing him.

[relictele]

Standard boilerplate post:

Imagine if this were a GWB initiative/law and even one state or AG challenged it. That state/AG would be hailed by the MSM as a righteous freedom fighter - a plucky underdog taking on the might of the power-mad Bush and protecting the people from federal overreach.

[UCFRoadWarrior]

Way to go, Idaho!

Cannot remember which President said it (think it was Jackson)...who told the Supremicist Court to “let them enforce their ruling”. Idaho is telling Obama and the Federal Courts to shove it.

Lets hope Idaho stays strong, and does not go Liberal Globalist and back down. Liberal Globalists hate when a state exercises their soverignity

[wita]

And this is why we have the 2nd Amendment! The Feds are scared to death of the people owning modern firearms,

...and I contend that the Federal Government, at least since 1986, and probably more like 1934, has outgunned the public through unconstitutional laws that specifically “infringe” on the second amendment.

Probably one reason I see government as out of control, because they really have little need to be scared of the armed public, as they have the benefit of tax dollars, and the law on their side in the ongoing quest to enslave the serfs trying to control the leviathan.

[Mygirlsmom]

"Way to go, Idaho!" Cannot remember which President said it..

That would be President Hamm

And he was right!!!

[TxAg1981]

The states are all powerful... they just forgot.

Unfortunately, the states didn't forget. They actively allowed it to happen.
I believe that the states didn't push back over the last 50 years because the members of the state houses wanted a career ladder....a federal gov't post.
So, instead of protecting the interests of their individual states, the States' Congressmen rolled over in hopes of securing a higher office..a federal position.

[kbennkc]

huh?

So if we can use a doctrine that has never worked to nullify Obama care why not nullify income tax or EPA? Why didn't Butch seek to nullify the wet lands laws he violated and had to restore and pay a billzion bucks for disturbing wet lands while he was Lt Governor? I like Butch but this is nuts.

[cranked]

Woot! Got to love nullifications