[ForGod'sSake]

A bit dated but I wanted to bring more exposure to the time honored practice of state nullification of foolishness by an overreaching feral government.

[BenKenobi]

Obscure? Wow.

Nullification basically dominated American politics from 1800 to the civil war.

Calhoun was the pre-eminent proponent.

[ForGod'sSake]

A few have asked about what if anything the states were up to re nullification of odingacare. Found this item that was never posted as far as I could tell...

Add IOWA to the list. ;^)

[ChildOfThe60s]

the 1958 U.S. Supreme Court decision reaffirming that federal laws “shall be the supreme law of the land.”

To an average Joe like myself, that decision appears to violate the 10th amendment. I'd be interested to read a piece on that decision written by a real Constitutional scholar.

[ChildOfThe60s]

feral government.

I like that. Was it deliberate?

[PieterCasparzen]

I wonder if some states could nullify Social Security and replace it with their own program with the same withholding percentage set to go into effect in 24 months.
The withholdings could just go into private accounts that hold Treasuries; citizen just gets a payment stream starting at 65 until their account is empty, remainder goes to a named beneficiary or estate like life insurance. An insurer could be contracted to administer the program.
How does that work, does the Justice Dept have to sue the state that nullified to get into the courts if no one else has standing ?
The Feds might actually like the idea at this point because they’d be buying Treasuries.

[Still Thinking]

As a legal theory, nullification is grounded in the assumption that states, and not the U.S. Supreme Court, are the ultimate arbiter in cases where Congress and the president have “run amok.”

Assumption?? How can it be otherwise? How many times will the feds be told they're overstepping their bounds by a court that works for them? Second, the fed is a creation of the states and works for them. How can the feds possibly possess so much power that those who gave them that power cannot override them?

[hinckley buzzard]

the time honored practice of state nullification

You do realize, of course, that this is a pathetic joke. The "nullification act" was totally discredited during the Jackson era (1832) and never raised from the dead again. There is no such thing as " nullification" by the states, at least since the Civil War. Good luck with that, if you want to fight it all over again.

[DaGman]

As if Cooper v. Aaron never happened?

[ForGod'sSake]

An update: 11 and Counting – States Consider Obamacare Nullification:

While some people leave their hopes in the hands of unelected, unaccountable, politically-connected lawyers that make up the federal judiciary, lawmakers in eleven states have taken steps to bypass Washington D.C. completely and take matters into their own hands.

The latest? South Dakota. Introduced by Representatives Hubbel, Jensen, Liss, and Nelson (Stace) and Senators Begalkaand Lederman is House Bill 1165 (HB1165), the National Health Care Nullification Act. (h/t Chris Stevens)

It states, in part:

The Legislature find that the Patient Protection and Affordable Care Act (H.R. 3590; Pub. L. No. 111-148) as amended by the Health Care and Education Reconciliation Act of 2010 (H.R. 4872; Pub. L. No. 111-152) is not authorized by the United States Constitution and violates the true meaning and intent of the United States Constitution, and further finds that such law is invalid in this state, may not be recognized by this state, is specifically rejected by this state, and is considered null and void and of no effect in this state

The bill also establishes penalties, including fines and jail time, for any agent seeking to enforce the federal health care bill within the state’s borders:

No official, agent, or employee of the United States government nor any employee of any entity providing services to the United States government may enforce or attempt to enforce the Patient Protection and Affordable Care Act (H.R. 3590; Pub. L. No. 111-148) as amended by the Health Care and Education Reconciliation Act of 2010 (H.R. 4872; Pub. L. No. 111-152) or any order, statute, rule, or regulation of the United States government established in connection with that Act. A violation of this section is a Class 5 felony

State legislators in Maine, Montana, Idaho, North Dakota, Nebraska, New Hampshire, Oklahoma, Oregon, Texas and Wyoming have already introduced similar bills.

In 2007, 2 years after the Bush administration and the republican congress gave us the unconstitutional Real ID act, states like Maine and New Hampshire began the process of passing resolutions and laws rejecting the federal law. Now, nearly 25 states have gotten on board with the nullification efforts led by democrats and the ACLU – and the result? The law is virtually null and void in most of the country.

Today, less than a year after the Affordable care act – already 7 states have passed Health Care Freedom Acts, rejecting the mandates in the federal law. Those states are focusing primarily on a strategy of trying to win in federal court to affirm their state laws.

But introduction of the nullification act in eleven states already (sources close to the Tenth Amendment Center tell us to expect a number of other states do the same this year) – indicate that there’s a growing segment of the population that is looking to exercise their rights in their states whether Congress or the federal courts want to give them permission to or not.

Will these bills go anywhere? Only time will tell. But, whether they do or not, there is much to be learned from the left-wing nullification efforts of the last few years and beyond. Whether it’s 25 states saying no to Real ID, or 15 states rejecting federal laws on marijuana – there’s a blueprint. When enough people say no to federal laws, and enough states back them up by passing laws to do the same – there’s not much that Washington D.C. can do about it.

*******

CLICK HERE – to view the TAC’s Health Care Nullification Act legislative tracking page.

CLICK HERE – to view the full text of TAC’s model legislation – the Federal Health Care Nullification Act. Please send it to your state reps and senators for introduction in your state today!

[Salvation]

Idaho
Six others, including Maine,
Montana,
Oregon,
Nebraska,
Texas
and Wyoming, are also considering bills that would in essence nullify the president’s signature on the reform law.

[NTHockey]

In light of Judge Vinson’s ruling, and awaiting the Supreme Court affirmation or overturn of his decision, Florida (and the other 25 plaintiffs, eventually) has decided to stop any spending. Question: In a state that supports DeathCare (i.e., Delaware), does an individual citizen have standing to sue the state and force them not to spend any money?

Little Biden is Delaware AG and will file a brief to have the law declared constitutional. Now, that would be a kick in the teeth if Delaware had to stop.

[redgolum]

It is settled law that states can nullify the fedgov.

We fought a nasty little war over it in fact.

[Arthur McGowan]

Nullification is the approach the pro-life movement ought to have adopted, on January 23, 1973. Instead, years and years and years were wasted on a Human Life Amendment—essentially conceding that the Supreme Court’s “interpretation” of the Constitution had some semblance of a suggestion of a wisp of a hint of an emanation of a penumbra of a basis in the text of the Constitution—that was never a possibility.

When government hands down a command to commit a crime, the morally and Constitutionally sound reponse is Nullification. The Supreme Court, for the past 38 years, has commanded the governors and legislatures of the states to commit the crime of excluding a class of human beings from those whose lives are protected by law and by the police power of the state. I.e., the crime of deadly, unjust discrimination.

[Arthur McGowan]

Nullification is the approach the pro-life movement ought to have adopted, on January 23, 1973. Instead, years and years and years were wasted on a Human Life Amendment—essentially conceding that the Supreme Court’s “interpretation” of the Constitution had some semblance of a suggestion of a wisp of a hint of an emanation of a penumbra of a basis in the text of the Constitution—that was never a possibility.

When government hands down a command to commit a crime, the morally and Constitutionally sound response is Nullification. The Supreme Court, for the past 38 years, has commanded the governors and legislatures of the states to commit the crime of excluding a class of human beings from those whose lives are protected by law and by the police power of the state. I.e., the crime of deadly, unjust discrimination.

[Repeal 16-17]

Long overdue that the States started telling the federal government what it can do with its belief that its authority under the Commerce Clause is infinite. This is also a shot across the Supreme Court’s bow. These States are telling the Justices that a ruling upholding ObamaCare, especially the Individual Mandate, will be ignored.