Skip to comments.Kill the Bill, Invoke the 10th
Posted on 03/21/2010 6:27:55 PM PDT by Pantera
The federal government takeover of the health care industry and your loss of medical freedom only lacks a Presidential signature to become a federal law. We the people know that this cannot stand if America is to remain a free country. Keep your head up, it is time to invoke the 10th and kill this bill and the others soon to follow once and for all.
Medicine is the keystone of the arch of socialism and The goal of socialism is communism.
Thomas Jefferson said:
Whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force
Ignore Washington D.C.
They are ignoring you, return the favor. In his speech on Saturday, Obama referred to you as astroturf. In political terminology that insinuates that you were paid for your phone calls and someone picked up your travel expenses and bought your dinner for your troubles. Thats one way they ignore you. Another way they ignore you is to use an unscrupulous process to pass an unconstitutional health care bill that changes the foundation of your country overnight.
If youre like me, when you call representatives, write letters or attend tea parties, you pick up the tab and sacrifice your own personal time in hopes that someone will listen. Id much rather spend my time and money with my family, business or hobbies than hoping my actions will result in my federal representatives actually representing. And anyone that could have done anything about the health care bill is in Washington D.C., you cant meet with them, you dont know them and you cannot reasonably hold them accountable. How can you really expect them to feel any pressure to represent you? Yes, morally your expectations are valid because they should do the will of the people. Unfortunately, the reality is without the power to exert an opposing force, you will continue to be disregarded as a mere annoyance.
Own your State
Last year, I wrote a series of articles for Tenth Amendment Center entitled, Crossing the Chasm to Freedom. Using business experience as a template, I argued that the best way to enter a market (in this case a political market) is to dominate a small market, own it and then expand from there. This is a well-known marketing strategy among early stage technology companies. The reason this works is that your limited resources can be used to exert a dominant influence on an identified target and you can expand from there. This is the same strategy that the allies used in World War II to captured the beachhead in Normandy and from there liberate the entire continent of Europe. Imagine the level of failure that the allies would have experienced if the same brave soldiers that took the beach were airdropped all across the countryside. It would have been a complete failure.
In our case, the small market that we can dominate quickly is our state government. From here we can team with other like-minded states and form a block of resistance that has real legal possibilities, much more powerful than rallies, letters and phone calls. Owning our state governments is an absolute necessity.
Ignore the Feds, Empower the States
We have state governments for a reason. Regardless of what todays media would have you believe, state representatives are not elected state paper-shufflers or federal mandates. State governments share power with the federal government as equal partners in a system designed to decentralize power and protect we the people from foreign and domestic threats.
Ignoring D.C. actually means that we must use state governments to defy unconstitutional federal laws, starting with the health care bill today. The federal government itself must be identified as the threat and we must use the legal power of our state governments under the 10th amendment to eliminate the threat, and formally ignore unconstitutional mandates.
Jefferson described the 10th as the foundation of the Constitution and added, to take a single step beyond the boundaries thus specially drawn is to take possession of a boundless field of power, no longer susceptible of any definition.
The feds took that step today.
States have many constitutional options when dealing with the federal government including court challenges, nullification and interposition to name a few. Individually, you do not have these, so you must focus on using your influence to make sure your state representatives know about and are willing to use these tools. The first steps are already moving forward as 37 states have introduced Health Care Freedom legislation. In addition, state attorney generals have already stated their intention to challenge these federal bills as unconstitutional.
Individually, we the people have a very important role too. We must influence our state representatives, and then encourage them. And, when the going gets tough we must stand shoulder to shoulder with them in defiance of what will be an intimidating federal response. Ignore the feds, empower the states must be our mantra.
Expect a Federal Response
Ghandi had it nailed:
First they ignore you, then they ridicule you, then they fight you, then you win.
For the most part, the federal government has ignored any resistance to the health care bill. Tea Parties have been ridiculed as radicals of all varieties such as tea baggers, astroturf, racists, and domestic terrorists. But, they have never formally acknowledged the existence of this movement. Once we begin to focus our attention on the state governments, everything changes. The media will be unable to ignore a block of defiant states. Personally, you will be ridiculed as a tenther (I think this is pretty cool) but once states exhibit defiance it will not be long before the federal government shifts its focus to the states not the individuals. Thats when you will know that you are not being ignored anymore.
At a minimum, your state will be ridiculed as out of touch with reality, as constitutional rogues, racists, and more. The governor of your state and your state representatives will be positioned as little more than common rabble rousers and will be the target of incredible pressure to compromise. But this must be overcome before we can win and we must solidly stand with state representatives. Federal funds will be used to coerce states to comply as has been common practice for some time. This will be specifically painful with health care because defiant states federal funds will be used to finance compliant states health care. However, this cannot be allowed to stand for any significant amount of time so states must be influenced to pass state legislation that denies the federal government what they covet most, tax revenue.
From here on, resolve will be the key. Not just your resolve, but the resolve of the rest of the citizens in your state. So its our responsibility to educate neighbors and make sure the right state representatives are in place.
In order for us to reset this country and return to spending time with our businesses, families and hobbies; we must again in no uncertain terms confirm the revolutionary message that the people are the source of power. The federal government must fear the people, and the state governments are the legal method in which to achieve this goal. Jefferson clarified the goal:
When the people fear their government, there is tyranny; when the government fears the people, there is liberty.
Ignore the Feds, Empower the States.
As I have been expecting to be the case for quite some time despite my great hopes that it would not need to come to this, Nullification of this unconstitutional usurpation of our rights may be very much necessary.
But lets do this the right way.
1st: We must give the Federal government in the form of the Federal court a fair chance to right themselves and overturn this evil. So we will challenge this in court.
2nd: When that fails we must prepare for the practical measures necessarily to implement nullification. In this case we may need to look at the Federal tax escrow accounts being proposed in Georgia among other state.
We will need to practically deny the IRS the information necessary to enforce their unconstitutional individual mandate. There are probably many ways to do that, every state will have to experiment with and develop their own which they think shall work best in their situation.
We don’t need to agree on how to effectively nully this at the state level in the event the court should side with their employees rather then our Free Constitution of civil government, and the subsequent rights of We the people.
Fortunately We have been for making preparations maneuvering our States into a position where active nullification and interposition is political possible. Lets hope it doesn’t have to come to that, but let us prepare to take such actions none the less.
Take heart my countrymen this fight is FAR from over. Indeed this is something many of us have been laying into place the needed foundation for.
Unfortunately, I’m afraid the courts will judge that to be a slippery slope. They won’t strike down 90 years of law.
10th amendment bump.
I agree we must anticipate that the court will uphold their appointers unrestricted power. We must therefore ignore them and protect our rights with active and determined nullification and interposition.
we must enforce the State laws against theses things with vigor.
The States can not be “co-equal” governments as defined by the Founders in the sell of the Constitution, if they are to be judge inferior to the Federal government in All respects in which the Federal Government itself chooses to engage in.
Our Constitution is at threat here, the court can choose to refuses to uphold it’s oath all its like and simply place itself in league with the tyrants that now control the Whitehorse and Congress.
Ask them who are responsibility
How is it possible that liberty can survive when the congress and president can do such things of practically unlimited authority in total disregard to the spelled out limits of our constitution, in addition to the will of the people?
How is it that we can even call ourselves a republic of Constitutional law if this cannot be stopped?
It can’t be said enough: “We must therefore ignore them and protect our rights with active and determined nullification and interposition.”
IMO, The SCOTUS will rule against the states. The states and therefore the people will have to decide that they do not care. Real freedom trumps any Supreme Court decision. This is the best case stand that we can take (if the SC rules against us), otherwise we will be completely on our own.
The author also states the passage of socialized medicine is the first time the federales have stepped over the line in a major way. I think most of us here would disagree with that statement, the feral government has been dragging our Constitution through the mud since at least the Civil War. Truth be known, statists began nibbling around the edges before the ink was dry.
Still in all it's maybe a starting point, so -- ~ping~
We can pick a new Capitol and cut them out of the loop while we cleanup our own front yards.
One thing we should all keep in mind and remind everyone.
Recently, McCain-Feingold was thrown out by the Supreme Court. This needs to be our template.
Hopefully VA’s AG Ken Cuccinelli has a the fast track method he suggested to get the case fast tracked.
Some idiot lib I was talking to the other day was talking about how this law will screw evil insurance companies.
My impression of insurance companies is they are quiet and slow but once they are provoked - they are like the hounds from hell. You do not want to piss them off.
They also plan ahead. I am hoping the legal research has already been dones to get a case fast tracked to SCOTUS.
McCain Feingold was thrown out in total about two months ago?
The Dems howled and screamed. Mainly because McCain helped them gain Congress in 2006/2008 and the white house 2008 thanks to his evil law.
This should be our templaye but it has to be on a fast track.
VA AG Ken Cuccinelli has supposedly said he will be able to fast track their case. Ken C is the real deal.
I would also add, about a year ago, give or take, and in the early going when the 10th Amendment initiatives were just beginning to show up on the radar there were several discussions concerning ways to cut off the feral beast. At various times over the decades various States and individuals(?) had proposed ways of doing just that. So, it's not like this hasn't been given some thought by some well connected people in and out of State government in the past. Whether or not any of these "plans" are workable is something I'm sure some of the PTB's within our State Houses are privy to. I just hope they can develop a plan that will give the feral government pause with even the threat of implementation.
I'm sure the insurance industry as a whole would like nothing better than to stick a soldering iron up odinga's, well....
Odinga is making some powerful enemies to be sure. I believe most corporations are like many politicians, there has to be a parade in progress before they will jump in the fray. Or in the case of politicians, jump out in front of the parade. I believe corporations have been cowed and emasculated by Dims, the airheads in academia and the barking moonbats in the media. We The People can probably have a large influence on the business community generally IF they can be convinced we conservatives have joined the fight to the finish and fully intend to reclaim our heritage and our freedoms.
I want an injunction on the bill by the federal court until such time that it is ruled Constitutional.
Government actions are not Legal until proven illegal. They are illegal until “proven” legal.
If you really want to use a technique that could work, the states should refuse federal funding attached to federal programs. As I understand it, this nasty piece of work has an expanded Medicaid component for which the states will have to cough up a substantial match. They will also probably be required to enact legislation allowing for certain minimum coverage under state Medicaid, Healthy Families and other such programs. As this bill is an extra-Constitutional federal program, if the states send all the federal health money back and opt out of the program, then the feds are cut off at the ankles on that portion of the scheme.
Mark Levin can take care of the requirement to purchase individual insurance with his lawsuit on the Constitutionality of such a mandate. That would give individuals relief.
It reminded me of Einstein and one of his equations in his theory of General Relativity. It pertains to Space-Time, Gravity and Black Holes and a 'mistake' he made
He knew it was there even when he published it, as it was pointed out that the answer = ∞ (infinity). And in Physics 'infinity' just won't do. Einstein replied that this 'mistake made no difference as we'll never get near a Black Hole to see the actual results.
Years later modern Physicists tried to rework Einstein's equation to 'correct it', but they made it worse.
Their answer to the 'fix' was: = ∞, = ∞, = ∞, = ∞, etc, etc, etc.
it's pretty funny if you're into physics ;-)
John Adams, Daniel Webster, John Marshall, Joseph Story... All of them were disciples of Alexander Hamilton and his “national supreme monarchical” plan of centralized government. You might say Hamilton was a Marxist in training. Hamilton’s ideas were soundly defeated at the constitutional convention of 1789. Best read on it is John Taylor’s ‘New Views of the Constitution of the United States’ (1823)... Or you may read the journal of the minutes of the convention of 1789 (Library of Congress)
The General Welfare clause has been so tortured from its intent as to be unrecognizable... Same with the commerce clause. Regulation of commerce, as understood by those who designed it, meant to keep “regular” as in to make certain that the individual states did not prohibit commerce among the several through imposition of tariffs, etc. Providing for the General Welfare meant to provide for the common defense of the several states, to build roads, and to maintain the same standard of taxation across the several states... It had absolutely NOTHING to do with providing for the individual, or even a group of individuals; but only to look after those things that were a matter of public necessity for the federal government, so to ensure the “general welfare” of the INDIVIDUAL STATES!
Chief Justice John Marshall (judicial review) and Chief Justice Joseph Story (Commentaries on the Constitution of the United States) saw to it that the government gained the power to determine and establish its own limits, which is blatantly contrary to the intent of federalism and the plan of the Constitution. Their legal theories placed the Constitution in subservience to the federal government, rather than the Constitution acting as a check upon federal powers. The perversions and generational lies of Marshall, and later Story (his apprentice) have manipulated jurisprudence in favor of centralized control since the early 1800’s. Abraham Lincoln’s tyranny direct resulted from the 60 years of distortion and subtle subversion of the U.S. Constitution affected by the Supreme Court under both Chief Justices. No single man understood this more clearly than Senator John C. Calhoun of South Carolina.
Far from the Southern States being “rebels,” it was Lincoln and his Northern Army of butchers that were the traitors against the republic. The popular history fed to American children about the “great emancipator” is pure nonsense. He was an absolute tyrant forging a chain of unscrupulous acts of violence against the Constitution, and doing so by way of Alexander Hamilton’s notorious vision.
We are where we are today because of a long history of usurpation of power and instigation of intrigue that had its roots in the monarchical ideas of Hamilton, Adams, Webster, Marshall and Story... reaching its violent design in 1864... and finding another champion in 2008. It is a bitter irony that Barak Hussein Obama should be the heir of Lincoln’s infamous war on the Constitution.
The way it seems to work; right, wrong or indifferent is they are accepted until challenged. In the opinion of those stalwart black robed defenders of our freedoms, if a challenge has merit, the court may be inclined to issue an injunction. The many State challenges that are sure to come may have enough "merit" to put the brakes on this socialized lunacy, but with the current state of our judiciary, I wouldn't hold my breath. But still, we have got to light a fire under our State legislators to ensure they hear from us. I've not doubt many of the various States would like to reclaim their Constitutional powers, it's just that the impetus has not been there in the form of an uprising from We The People.
Work on nullification simultaneously while fighting this in court.
If the court route works, nullification will be moot.
If the courts fail, the next step is already ready to be implemented.
9th Amendment, too.
Ah, the King Edward treatment. I can think of no one more deserving. Soros maybe.
The indisious attack by our would-be masters on We The Sovereign American People has been unrelenting. Have we reached a tipping point yet? We are VERY close but I'm convinced it's not too late to turn back the feral monster. I suspect it will come with a large price tag. Are we willing to pay the price?
Har! Hey odinga, gotta light???
I can think of no one more deserving. Soros maybe.
Werksferme. Which reminds me, have you, or anyone else for that matter ever seen any information or research on what may have caused the "run" on the banking system in 2008 that presumably required the TARP fix? I have always suspected a soreass connection but have never looked into it.
No, not at this point. I'll be on the lookout and maybe do some searching though.
Actually, part of the reason behind the choice of method with Edward was that he was widely believed to be homosexual, so it was thought to be witty.
It might be good to continue down the legislative nullification path anyway, as a message to Washington and so their next attempt is already pre-nullified in state law.
I believe the original intent of the Interstate Commerce Act was to “make regular” or regulate the systems of commerce between the states. I know I have read an early case about stock companies or such and different systems that evolved among the states and how Congress stepped forward to push forward one universal system. Ogden and other cases were an evolution of that, but it kept expanding beyond the original intent.
When I have time, I will go back into my archives and try to find it.