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From today -

Va OKs 1st bill banning mandated health coverage

1 posted on 03/10/2010 7:00:39 PM PST by Libloather
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To: Libloather

Tim you ignorant putz. The 10th Amendment nullfies your entire arguement.


2 posted on 03/10/2010 7:08:31 PM PST by DarthVader (Liberalism is the politics of EVIL whose time of judgment has come.)
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To: Libloather; ForGod'sSake

An earlier thread today wondered when Virginia was going to join in. Good to see they have started.


3 posted on 03/10/2010 7:08:52 PM PST by dynachrome (Barack Hussein Obama yunikku khinaaziir!)
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To: Libloather
a lot of us would not look good with this kind of close up..but love Drudge putting it up...nancy is melting

4 posted on 03/10/2010 7:09:48 PM PST by RummyChick
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To: devolve; Libloather; ntnychik; PhilDragoo
Someone posted to me on another thread about this, pretty much saying the states could do what they please. I tried doing a little research on it.

Don't know just HOW it presently stands. Some of this stuff was interesting;

Do federal laws override state laws when the two are in conflict?

This decision of 1842 seems pretty conclusive:

[sorry, this link no longer works]
http://law.jrank.org/pages/13486/Prigg-v-Pennsylvania.html

"The ruling upheld the Supremacy Clause of the Constitution in which federal laws take precedence over state laws when regulating the same activity. The Commerce Clause of the Constitution is one major avenue for the national government to exercise its authority over states.

From the 1930s New Deal era through the 1970s the federal government significantly grew by increasingly regulating many facets of life.

By the 1980s states' rights proponents began to reverse the trend. Debates over federal controls continued into the late 1990s focused on proposed national health care reforms.

At the center of issues intensively debated by the founders of the United States was federalism, the distribution of power between the federal and state governments. Dispute over the degree of centralization of political power in the United States highlighted by debates between Alexander Hamilton and JamesMadison led to formation of the first political parties in the nation.

>>>>>>>> LINK

As a result, the Supremacy Clause was written into Article IV of the Constitution providing the primary basis for the federal government's power over states. The article states the "acts of the Federal Government are operational as supreme law throughout the Union . . . enforceable in all courts of the land. Thestates have no power to impede, burden, or in any manner control the operation of" federal law."

5 posted on 03/10/2010 7:11:36 PM PST by potlatch (- What a co-inky-stink!)
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To: Libloather
it is still about the immorality of equal mistreatment for all
9 posted on 03/10/2010 7:17:24 PM PST by outofstyle (Resistance to tyrants is obedience to God)
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To: Libloather
These resistance efforts are not about law...

Think again.

It is impossible to introduce into society a greater change and a greater evil than this: the conversion of the law into an instrument of plunder. - "The Law" Frederic Bastiat 1801-1850

10 posted on 03/10/2010 7:21:31 PM PST by PGalt
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To: Libloather

Well, if one single small state was to stand up to the Federal government, they’d have a tough time. A state like Maryland or New Hampshire, you know what I mean.

But if it was a state like Texas or Ohio or one of the biggies, the feds wouldn’t stand a chance. Not a chance.


14 posted on 03/10/2010 7:27:07 PM PST by djf (Who says "The stuff of life" is not stuff? Mostly it's people who have the most stuff.)
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To: Libloather
Hypothetical federal legislation -- Senate Bill #S666:

Henceforth every American citizen or resident or person domiciled in the United States will have to bow before an image of Barack Obama, burn incense in front of such image and swear total love for and loyalty to Barack Obama. Images allowed will be either color photographs or statues of Barack Obama. A member of ACORN, SEIU, AmeriCorps or the Department of Justice or other designated Democrat Party official or federal government official will be present to verify that the oath is taken properly. All persons refusing to take such an oath will be fined $5,000 (five thousand US dollars) every time they refuse to take the oath. The oath must be taken once a year on April 16th.

To remain in good standing as US citizens or residents of the US, all persons must take the oath and affix their signature and fingerprints to a document that confirms that the oath was taken. The Congress shall have the power to enact measures to collect the fine and enforce the oath. "All persons" shall mean all persons at or over the age of 18.


If the "Health Reform" bill is legal then so is my hypothetical Senate bill S666. And the States won't have any say about this either. Was this what the "war between the states" was about -- the federal government as our Lord and Master?
18 posted on 03/10/2010 7:34:27 PM PST by StormEye
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To: Libloather

The American voter can nulify this administration and the entire congress!


21 posted on 03/10/2010 7:38:01 PM PST by G Larry (DNC is comprised of REGRESSIVES!)
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To: Libloather

Of COURSE the Constitution says that it and federal laws are the supreme law of the land! It would be absurd for the Constitution to say otherwise.

But when the federal government abuses its powers, or usurps powers, the states have the right to resist.

If the federal government is wise enough to back down, good.

If the federal government is wicked and stupid enough not to back down, the people have the right to “alter or abolish it,” as some kook right-wing nutcase in the 18th Century put it.


23 posted on 03/10/2010 7:40:09 PM PST by Arthur McGowan (In Edward Kennedy's America, federal funding of brothels is a right, not a privilege.)
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To: Libloather
The Constitution of the United States does not grant the federal government the power or authority to impose a national health care plan.

The only way the feds can acquire general jurisdiction is by offering the states a voluntary federal program and federal funding to help implement the program. If accepted by the state, they can make the money conditional upon accepting the entire program whole. This is how Medicaid is done.

For example Governor Schwarzenegger recently attempted to cut eligibility for benefits for the federal In Home Support Services for the elderly. The courts ruled he could not make the cuts. He can only completely opt out of the program. It's either in or out, period.

The Constitution does not give the federal government direct jurisdiction to make your personal health care choices. So that is grounds for a Constitutional challenge. They could conceivably gain jurisdiction over insurance companies, medical care providers and pharmacies (in effect the alternatives for care you might chose from) through the Interstate Commerce Act.

The state's can't nullify a program that they have the power to turn away.

25 posted on 03/10/2010 7:40:41 PM PST by marsh2
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To: Libloather

10th amendment, 14th amendment. Damn right they can.


33 posted on 03/10/2010 7:57:22 PM PST by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: Libloather

Actually, it occurs to me that closing schools might be a good next step. Why am I paying for the indoctrination of the next generation into values I abhor?


37 posted on 03/10/2010 8:03:18 PM PST by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: Libloather

Whenever a state wants to protect the rights of it’s citizens, someone brings up segregation. Frankly, we’d have figured out to oppose segregation without supreme court rulings. But there is a tremendous difference between the government requiring a state government to provide equal services to it’s citizens, and the government requiring people to purchase goods and services from other private individuals.

In this matter, it would actually be more justifiable for the government to raise taxes and provide medical care. But what will the government do if we say “well, we looked at all the insurance companies, and we found NONE that we wish to associate with”?

Will the government claim that our 1st amendment right to choose our own associations can be trumped by a mere act of Congress requiring that we enter into contractual arrangements against our will?


49 posted on 03/10/2010 8:26:03 PM PST by CharlesWayneCT
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To: Libloather

90 million armed and angry citizens can effectively nullify any treasonous act of Congress.


52 posted on 03/10/2010 8:36:09 PM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Libloather
Third, the mandate is particularly vulnerable from an enforcement perspective. It essentially imposes a tax penalty (to begin in 2014 and to be fully phased in by 2016) on uninsured individuals who do not purchase health insurance, subject to a number of exceptions for those who cannot afford health insurance or who oppose it for religious reasons. Individuals are supposed to pay this penalty with their annual income taxes, but the Senate bill waives criminal penalties and prohibits the Internal Revenue Service (IRS) from imposing liens or levies on a taxpayer's property for failure to pay.

Is this accurate?

59 posted on 03/11/2010 2:02:50 AM PST by MrDem (Founder: Democrats for Cheney/Palin 2012)
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