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Health-care mandates could be 'null and void'
WorldNetDaily.com ^ | April 20, 2010 | Drew Zahn

Posted on 04/20/2010 7:12:25 PM PDT by Man50D

A group of Americans who believe the federal government overstepped its constitutional bounds in passing the recent health-care legislation is rallying allies to a bold and controversial initiative: state nullification of the federal law.

"Now that health-care reform has been signed into law, the question people ask most is, 'What do we do about it?'" said Michael Boldin, founder of the Tenth Amendment Center, in a statement. "The status quo response includes lobbying Congress, marching on D.C., 'voting the bums out,' suing in federal court and more. But the last 100 years have proven that none of these really work, and government continues to grow year in and year out."

Instead, the Center is reaching back into the history books to suggest states take up "nullification," a controversial measure that would essentially involve states saying to the federal government, "Not in our borders, you don't. That law has no effect here."

The Center is partnering with WeRefuse.com to announce release of model nullification legislation for states, called the Federal Health Care Nullification Act, and a call for 100,000 Americans to join a state-by-state petition to prompt legislators into action.

(Excerpt) Read more at wnd.com ...


TOPICS: Front Page News; News/Current Events
KEYWORDS: 10thamendment; bhohealthcare; democrats; healthcare; individualmandate; nullification; obama; obamacare; socialisthealthcare; statesrights; tenthamendment; unconstitutional
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"Now that health-care reform has been signed into law

Any unconstitutional act can never be law.

The controversy stems largely from Article VI of the U.S. Constitution, which reads in part: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land."

Many scholars today point to the Article VI "Supremacy Clause" as evidence that federal laws (such as the health-care legislation) override state laws (such as any proposed nullification act).

Under the authority of The United States is the operative phrase. That authority extends only to those powers specifically listed in Article 1 Section 8. Regulating health care is not listed as one of those powers therefore the Article VI does not apply to the unconstitutional, socialist health care.

1 posted on 04/20/2010 7:12:25 PM PDT by Man50D
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To: Man50D; null and void
Man50, Article VI would apply, if Congress decided to slip in an amendment (in the dark of the night) under anything they wished to hide it under - pass it, get it signed, and voila! Done! (I wouldn't put it past these corrupt, evil people.)

Nully - you might want to see this article (named after you).

2 posted on 04/20/2010 7:19:31 PM PDT by yorkie (Success comes in a "can". Failure comes in a "can't".)
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To: Man50D

Ping.


3 posted on 04/20/2010 7:31:11 PM PDT by KevinB
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To: Man50D

Even if the mandate is nullified in any particular state, the taxable entities in the state will still be required to pay the taxes under the law, PLUS they will have to provide for their own health insurance and health medical costs?

So how does this get chalked up in to the win category for ObamaCare opponents?


4 posted on 04/20/2010 7:37:05 PM PDT by JerseyHighlander
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To: Man50D

How can states keep the IRS’s hands out of their borders?


5 posted on 04/20/2010 7:44:59 PM PDT by fwdude (It is not the liberals who will destroy this country, but the "moderates.")
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To: yorkie

Thanks!


6 posted on 04/20/2010 7:51:46 PM PDT by null and void (We are now in day 453 of our national holiday from reality. - 0bama really isn't one of US.)
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To: fwdude

“How can states keep the IRS’s hands out of their borders?”

Pass The FairTax and abolish the IRS!!!!


7 posted on 04/20/2010 7:59:45 PM PDT by southernsunshine
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To: fwdude

My thoughs, also.
How do we keep the feds from taking out the “health care tax”, even if we choose not to participate?


8 posted on 04/20/2010 8:47:07 PM PDT by bog trotter
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To: fwdude

Pass the Flat tax.


9 posted on 04/20/2010 9:38:07 PM PDT by Libertynotfree
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To: Man50D

Consider this, attributed to a Pastor Martin Niemoeller, an early supporter for Hitler who eventually ended up in the camps:
When the Nazis came for the communists,
I remained silent;
I was not a communist.
When they locked up the social democrats,
I remained silent;
I was not a social democrat.
When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.
When they came for the Jews,
I remained silent;
I was not a Jew.
When they came for me,
there was no one left to speak out.

I urge everyone here to go to

http://werefuse.com/

sign up and pass it on ...


10 posted on 04/21/2010 1:20:10 PM PDT by Munz (All tyranny needs to gain a foothold is for people of good conscience to remain silent.)
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To: Man50D; ForGod'sSake; bamahead
BTTT


Also: OVER 10,000 AMERICANS JOIN LAWSUIT AGAINST OBAMACARE



11 posted on 04/21/2010 1:24:01 PM PDT by EdReform (Oath Keepers - Guardians of the Republic - Honor your oath - Join us: www.oathkeepers.org)
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To: Man50D; LucyT; Fred Nerks; BP2; null and void; stockpirate; george76; PhilDragoo; Candor7; ...
"Health-care mandates could be 'null and void'

In 1788, Alexander Hamilton wrote to the people of the state of New York in Federalist No. 33, arguing that the yet unratified Constitution limited the Supremacy Clause to only constitutional acts, and that federal laws that strayed outside those bounds deserved to be treated by "the smaller societies," meaning states, as "usurpation."

Showing that Barry is a usurper himself, would have FAR more reaching affect. After-all...

How can a USURPER command our armed forces?
How can a USURPER sign any treaties with foreign governments?
How can a USURPER sign anything into law, let alone the health care monstrosity?

HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN?

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.
http://fightthesmears.com/articles/5/birthcertificate.html

Factcheck.org goes on to say this about Obama Sr., Jr. and the British Nationality Act of 1948:

In other words, at the time of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom and Colonies (or the UKC) by virtue of being born to a father who was a citizen of the UKC.
http://www.factcheck.org/askfactcheck/does_barack_obama_have_kenyan_citizenship.html

 

Even the modern day State Department rules discusses the problems associated with dual citizenship:

7 FAM 081: U.S. Policy on Dual Nationality:

(e)While recognizing the existence of dual nationality, the U.S. Government does not encourage it as a matter of policy because of the problems it may cause. Dual nationality may hamper efforts by the U.S. Government to provide diplomatic and consular protection to individuals overseas. When a U.S. citizen is in the other country of their dual nationality, that country has a predominant claim on the person.

...

the U.S. Supreme Court has stated that dual nationality is a "status long recognized in the law" and that "a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both." See Kawakita v. United States, 343 U.S. 717 (1952).

http://www.state.gov/documents/organization/86563.pdf

So, back to the question: "HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN?"
It can't. Of course not. Yet, right there, on his campaign web site F.T.S., it's stated that a foreign government "governed" Barry from birth and the reason it did, was that Barry inherited that foreign citizenship by way of his foreign national father (no matter where he was born), a fact backed up by Factcheck.org. Assuming, of course, that Sr. was his legal father at birth.
How, then, could he possibly be a "Natural Born Citizen" of the U.S.?
Barry Soetoro, the divided citizen at birth!

Barack Obama a/k/a Barry Soetoro * NOT Obama / Soetoro
* This assumes HI birth.

http://www.jeffersonsrebels.blogspot.com

Furthermore:  Hawaii's Territorial Law, Chapter 57 - "VITAL STATISTICS, I", shown beginning pg 23 of 29, (the law in effect in 1961) allowed the parents (or grandparents or other relative) of baby's born anywhere in the world to be eligible to apply for a Hawaiian birth certificate. A mailed-in form (without mention of a hospital, doctor, or midwife) signed by one of his grandparents (who forged the parent signature(s)) would have been enough to set up a birth record and a birth certificate at the Dept of Health. The Dept of Health would (presumably) then have automatically sent the names of the parents, their address as given on the mailed-in form , the gender of the child, and the date of birth to the Honolulu Advertiser and Star-Bulletin. The address given for the parents in the newspaper announcements is actually, however, the August 1961 home address of Obama’s maternal grandparents Stanley and Madelyn Dunham [6085 Kalanianaole Highway], and not the 1961 home address of Barack Obama, Sr. [625 11th Ave].) This notification would then have automatically generated the newspaper announcements. (This was the practice of the Honolulu Advertiser and Star-Bulletin at the time).

Bottom line: Even IF (big IF) he was born in HI, he inherited his father's foreign citizenship as well, making him a US citizen by US law and the subject of the crown of her majesty the Queen of England by inheritance and England's law. He could not be considered a Natural Born Citizen as known by and as intended by the framers.

12 posted on 04/21/2010 1:35:29 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid

Bump & bookmark


13 posted on 04/21/2010 1:51:39 PM PDT by EdReform (Oath Keepers - Guardians of the Republic - Honor your oath - Join us: www.oathkeepers.org)
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To: Man50D

I don’t understand why we need to prompt legislative offiials to do anything...

They didn’t get it stopped, so why do we need to remind them of this un-Constitutional law...

If anything they need to expidite a Judicial review and get it decided as soon as possible to stop the damn taxing mechanisms already in play...Thats the biggest hurdle so far...Forget the rationing of sub-par care that will be coming, forget the death squads, forget the doctor shorrtage that will come as a result of this...

We got to stop the taxing mechanism now!!! Everything else will go away, hopefully...


14 posted on 04/21/2010 2:02:25 PM PDT by stevie_d_64 (I'm jus sayin')
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To: rxsid

“The address given for the parents in the newspaper announcements is actually, however, the August 1961 home address of Obama’s maternal grandparents Stanley and Madelyn Dunham [6085 Kalanianaole Highway],”

Ann Dunham also is listed at that address. There is speculation she may have lived in the guest house on the property, which would have made sense for a college girl taking a semester off to have a baby. This in conjunction with the evidence that she left within weeks of the birth to attend classes in Seattle for the fall semester is what leads some to claim there is no evidence she and Senior ever actually lived together even though they supposedly were married.


15 posted on 04/21/2010 2:12:49 PM PDT by DrC
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To: Man50D; null and void; Red Steel; David; theothercheek; GreatOne; BP2; pissant; Beckwith; ...
I may be the first one to bring this up here on FR, but what about it? The Constitution requires all revenue raising bills to originate in the House. This health care monstrosity that passed has to be considered a revenue raiser at least in part, because there are several new taxes included. Yet the bulk of the bill was first drawn up and passed in the SENATE, if you recall the history of it.

I'd appreciate your comments on this possible additional line of argument for unconstitutionality.

16 posted on 04/21/2010 2:50:32 PM PDT by justiceseeker93
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To: justiceseeker93

That’s good.

There’s also:

Since 0bamacare specifically exempts members of one religious group from paying into the system, while including them as beneficiaries of the system, this law establishes a state preferred religion, and therefore also violates the First Amendment.


17 posted on 04/21/2010 2:54:17 PM PDT by null and void (We are now in day 454 of our national holiday from reality. - 0bama really isn't one of US.)
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To: Munz; All
Historical footnote: Rev. Niemoeller was pro-Nazi in many ways. He lucked out by being rescued by American troops from his concentration camp on VE Day. He lived a long life thereafter and died well into his eighties.
18 posted on 04/21/2010 2:56:25 PM PDT by justiceseeker93
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To: justiceseeker93
Check out this article, slimey politics from Reid

The House Vote on the Senate Healthcare Bill Is the Final Vote;

Health care bill was originally an IRS tax code bill

Reid HAD to do this. Why? Because all legislation that raises taxes MUST originate in the House of Representatives and H.R. 3590 satisfies that requirement.

I will repeat that, Harry Reid switched the language in H.R. 3590 and replaced it with the Senate's version of the health care system takeover in order to satisfy the requirement for all legislation raising taxes to originate in the House. The bill summary outlines the evolution of this bill:

OFFICIAL TITLE AS INTRODUCED:
To amend the Internal Revenue Code of 1986 to modify the first-time homebuyers credit in the case of members of the Armed Forces and certain other Federal employees, and for other purposes.

OFFICIAL TITLE AS AMENDED BY SENATE:
An act entitled The Patient Protection and Affordable Care Act.

19 posted on 04/21/2010 3:43:29 PM PDT by opentalk
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To: DrC; All
"“The address given for the parents in the newspaper announcements is actually, however, the August 1961 home address of Obama’s maternal grandparents Stanley and Madelyn Dunham [6085 Kalanianaole Highway],”

Ann Dunham also is listed at that address. There is speculation she may have lived in the guest house on the property, which would have made sense for a college girl taking a semester off to have a baby. This in conjunction with the evidence that she left within weeks of the birth to attend classes in Seattle for the fall semester is what leads some to claim there is no evidence she and Senior ever actually lived together even though they supposedly were married.

-------------------------------------------------------------------

1) It's possible she did, but what about SR? Isn't he listed FIRST on those announcements? "Mr. and Mrs. Barack H. Obama" Did HE ever live there? If not, doesn't that call into question the accuracy of the announcements?
and
2) Do you know for a fact that she did live there, and that the address of that (guest) house is in fact the same address as the grandparents house?

20 posted on 04/21/2010 4:00:49 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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