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Oklahoma joins 27 other states in the quest to repeal DUh-bamaCare.
1 posted on 01/20/2011 9:23:46 PM PST by RasterMaster
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To: RasterMaster

Thanks and bump!!!


2 posted on 01/20/2011 9:37:03 PM PST by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: RasterMaster

Cross-referenced...

http://www.freerepublic.com/focus/chat/2660754/posts


3 posted on 01/20/2011 9:37:58 PM PST by RasterMaster (The only way to open a LIEberal mind is with a brick!)
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To: RasterMaster

That’s a fascinating approach. He’s going to challenge the Feds in a Federal Court based on the new State Constitutional Law voters in Oklahoma just approved....

Now, I know, historically, that States OUGHT to be in control of their affairs about such things, but in reality, the Feds aren’t going to let that happen, because they haven’t let that happen for at least 100 and perhaps as much as 150 years! They’ll just fall back on the old “supremacy clause” claim (which doesn’t apply — but they’ll do it anyway); and/or they’ll run it through the Innerstate Commerce Clause (it works for almost everything else), or they may just fall back to that great Reconstruction standard, the 14th Amendment — that “catch-all” for justifying ANYTHING the Feds want to do at the States expense.

In other words, it’s great he’s taking a different approach — but a State Law has NO power in a Federal Court — and the Feds will laugh him right out of the courthouse.


5 posted on 01/20/2011 9:41:06 PM PST by patriot preacher
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To: RasterMaster
For background re "NULLIFICATION":

Yesterday the Oklahoma House of Representatives issued a press release, "Ritze Seeks Nullification of ObamaCare," which stated: "State Rep. Mike Ritze has filed legislation to effectively nullify the new federal health care law and allow felony charges against individuals attempting  to enforce it in Oklahoma."

Oklahoma thus joins at least seven other states where bills to nullify the entire ObamaCare law on the basis of its unconstitutionality have been introduced in 2011. The eight states with their corresponding bill numbers (with links to full-text) are: Texas (HB297), Montana (SB161), Wyoming (HB0035), Oregon (SB498), Indiana (SB505), Maine (LD58), Nebraska (LB515), and Oklahoma (HB1276).

According to Ritze, who is one of only two doctors serving in the Oklahoma Legislature, “The federal health care law is clearly an unconstitutional infringement on the rights of U.S. citizens. As a result, the state of Oklahoma must  act aggressively to stop this unconstitutional power grab.”

Because the “Patient Protection and Affordable Care Act” and “Health Care and Education Reconciliation Act of 2010” were “not authorized by the Constitution of the United States,” the bill declares them to be “invalid in the State of Oklahoma” and states that they “shall not be recognized by this state, are specifically rejected  by this state, and shall be considered null and void and of no effect in this state.”

Furthermore, as with most of the seven other nullification bills mentioned above, "under House Bill 1276, any official, agent, or employee of the United States government who attempts to enforce the new federal health care law could face felony charges carrying a penalty of up to five years in prison and a fine of $5,000." And, "any state government official attempting to impose and enforce the federal statutes could face misdemeanor charges carrying a penalty of up to two years in jail and a $1,000 fine.    

In addition to these criminal penalties, Oklahoma's HB1276 also provides that "citizens forced to abide by the new federal health care law would also be allowed to sue individuals enforcing the law."


6 posted on 01/20/2011 9:48:23 PM PST by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: RasterMaster

Okie Dokie!


9 posted on 01/20/2011 10:08:55 PM PST by pissant ((Bachmann 2012 - Freepmail to get on/off PING list))
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To: RasterMaster

Would only need 6 more states to pass a Constitutional amendment.


10 posted on 01/20/2011 11:43:43 PM PST by TheThinker (Communists: taking over the world one kooky doomsday scenario at a time.)
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To: RasterMaster

Has this ever happened before? This is a very serious move for the States and has big implications for the Executive Branch.

The media is ignoring this, but frankly, this is the biggest story.


14 posted on 01/21/2011 1:47:34 AM PST by OpusatFR
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To: RasterMaster

Oklahoma’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!


18 posted on 01/21/2011 4:04:49 AM PST by Defend Liberty
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