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State's Rights could trump ObamaCare

Earlier this week, the Oklahoma House of Representatives passed House Joint Resolution 1054, by Reps. Mike Ritze and Mike Reynolds, tentatively titled the "Freedom of Healthcare Choice Act":

Modeled after similar legislation from Arizona, the resolution is a proposed constitutional amendment allowing citizens of the state to opt out of a federal health care plan. If the resolution is passed and the amendment is voted into the Oklahoma Constitution, it would prohibit any law or rule from directly or indirectly compelling a person or employer to participate in any health care system, allowing both the individual and the health care provider to do business without penalties or fines and allow citizens to maintain private health insurance.

As the above quote indicates, several states including Arizona, Maryland, Idaho, Missouri, Virginia, and Texas have introduced measures that would amend state constitutions to stop a presumed Federal health care mandate.

At the heart of the issue is the Tenth Amendment to the US Constitution: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Opponents of a Federal health care mandate have already vowed to challenge the constitutionality of any Federal healthcare law that contains such a provision, stating that such a mandate goes far beyond the enumerated powers given to the Federal government by the Constitution. The various state healthcare freedom amendments are simply an attempt to further extend this argument.

Sadly we live in an era where proponents of an increasingly powerful Federal government have largely succeeded in turning the phrase "state's rights" into a euphemism for "racism." Because big government liberals portray themselves as the champions of progress and justice, they always view any attempt to oppose bigger government as a de facto defense of greed, injustice, and white power.

Of course any mandate by the Federal government that would force citizens to buy anything under penalty of law is simply outrageous, and deserves to be challenged on the merits of individual freedom alone. However, we should expect proponents of a Federal health care mandate to once again characterize exemption amendments by individual states as "racism," most probably by resorting to their standard "women, minorities hardest hit" argument.

Even though completely undoing ObamaCare (if it is signed into law) may be difficult for a new Republican Congress in 2011, we should at least be thankful that our Constitution provides a number of effective ways for individual citizens and states to challenge the enormous Federal government power grabs attempted by the Obama Administration and the Democrats.


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Comments (18)

I think it is going to take... (Below threshold)
Justrand:

I think it is going to take the threat of seccession...or ACTUAL proceedings towards seccession...to resolve this.

Our system of government was designed to PRECLUDE and PREVENT a massive central government. Yet that is exactly what the Obamanistas, and the Bushites before them, are bent on.

It's nigh on deciding time...especially if the House Dems decide to start "DEEMING" laws.

If I recall (there's a word... (Below threshold)
bobdog:

If I recall (there's a word we might see more of in the next few months in another context) correctly, I think that North Carolina might have a similar bill this week.

It seems to me we might need a new national flag, since we seem to have a new form of government. Can I suggest the skull and crossbones? I don't think Somalia has officially adopted it yet.

Hoist the Spitting Mencken!... (Below threshold)

Hoist the Spitting Mencken!

I really believe that the i... (Below threshold)
GarandFan:

I really believe that the idiot in the White House and the Speaker of the House do not realize what is about to occur as they stroke their egos "and make history". Yes, history will be made but I don't think they'll like the results.

I don't believe the "racism... (Below threshold)
OLDPUPPYMAX:

I don't believe the "racism" scam will work this time. Too many people are already far too engaged and, what is worse for the left, INFORMED on the overwhelming power grab which is the true purpose of this fraudulent legislation. Although we can't trust the McCain/Grahamnesty DC types to overturn any of this thuggery should it become law, an increasingly republican array of state legislatures could do the damage to Husseincare our spineless DC contingency would be too frightened to tackle.

It's time to stop being afr... (Below threshold)
dnb:

It's time to stop being afraid of that label. Con artists (think Jackson and Sharpton) have been using it to profit (for themselves, but not their race) for years. If they want to label others who are not being racist, racist, then it's time to turn the label on its ear and wear it with pride.

I and a large group of othe... (Below threshold)
Deke:

I and a large group of others have allready decided that if this passes without a vote that we will begin a movement to force our Governor and legislature to begin working with other states to call for a new convention.

Begining with Bush and now the new Mussolini, our central government is out of control. We need to term limit our Congress, force them to balance the budget, like every other American family has to, live under the laws they pass for us and force them to be responsible and quit giving authority to un-elected, bureacratic intstituions, can you say Cap and Tax by EPA mandate?

As a student and teacher of history and as someone who has put his life on the line to insure those freedoms our Founders fought so hard for, I can say it is time to take a stand!

I and a large g... (Below threshold)
I and a large group of others have already decided that if this passes without a vote that we will begin a movement to force our Governor and legislature to begin working with other states to call for a new convention.
For some reason the song "Won't Get Fooled Again" is running through my head. And not in a good way.

Who will choose the convention delegates? Politicians. Who will depict the work of the convention to the American people? Journalists. Who will be responsible for voting to ratify what the convention produces? More politicians.

This'll end well.

Deke...you'll have lots of ... (Below threshold)
Justrand:

Deke...you'll have lots of company! MILLIONS of us!

April 15 is the next round ... (Below threshold)
bobdog:

April 15 is the next round of Tea Party events, isn't it?

I know Cheney that one of t... (Below threshold)
Deke:

I know Cheney that one of the greatest fears of an Article V is that it can open up to anything crazy..BUT what is the alternative, armed insurection?

NEVER in our history, and I dare you to find one, not even during the New Deal, has there been such a blatant disregard for our unique Republic as there is with this attempt by Pelosi. If you are complacent enough to accept a European style of social welfare state then it is a sad commentary on America.

A convention would be akin ... (Below threshold)

A convention would be akin to the calls described in the Declaration of Independence for the Parliament in London to defend the Colonies against the King's abuses and usurpations.

Perhaps a necessary intermediate step, but in no way a solution.

"Perhaps a necessary interm... (Below threshold)
GarandFan:

"Perhaps a necessary intermediate step, but in no way a solution."

gotta start somewhere...........

A new constitutional conven... (Below threshold)
jim m:

A new constitutional convention is not what is needed. Obama would LOVE a new constitution. He thinks that the current one is flawed because it does not give the government enough powers over the individual.

No. The current constitution works if you have a government that will abide by it. Protest and civil disobedience sufficient to grind this country and this government to a halt until the entire congress resigns and we can start again.

Otherwise we are to the point of frank rebellion.

I respectfully disagree Jim... (Below threshold)
Deke:

I respectfully disagree Jim. Obamalini and his allies would hate to see a convention, remember it only takes 33 states to call one and most of those did not vote for him, or def., would not now.

Mass resignations? Not likely, would you give up the most cush job in the U.S.? The turnover rate in Congress, since the 1960's, is around 2%, thus most ppl think "their" congress critter is great it's the other guys that is horrible.

I truly feel that a group of convention reps, with narrowly defined instructions to

1: Amend Art. 1 to include 12 year limits on federal service

2: Amend Art. 1 to take away Congresses abitlity to delegate it's authority to unelected Federal Bureacracies and to live under the laws they pass.

3: A balanced budget amendment

Would go a long way to not having open insurection, again I truly hope we haven't gotten so complacent that Facism is acceptable.

it only takes 3... (Below threshold)
it only takes 33 states
Oh, is that all?
obama's health care program... (Below threshold)
Jimmy L. Porter:

obama's health care program is unconstitutional. The 10th amendment to the constitution makes it so.
obama is not our legal president anyway, so anything he does is illegal. Down with the obama fraud, down I say.

great thanks very much appr... (Below threshold)
xenki:

great thanks very much appreciate your time




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