Posts Tagged “states rights”

This was part of my answer to reader David B. in Imperialism: Obama Administration Threatens to Withhold Funds If Oklahoma Makes English The Offical Language Of The State. Here is what Dave had to say:

I missed the Viet Nam war by a year. I promised my father (a WWII decorated soldier) that I would go to college before I went into the military per his wishes. I got a job in law enforcement so I could work my way through college and have been doing it for over 33 years. When the first Gulf War began I was too old to enlist. When 9/11 came I did what I could as a detective but like many others I wanted to fight. There’s something inside most men that wants to do that I guess. I don’t know if it’s the same for women like it is with most men but I know there are plenty of courageous women out there for sure. For the first time in my life I feel that our country is in such peril, our liberties at such risk, our way of living in dire jeopardy, that I’m part of a real fight on the front lines. The enemy is sneaky, powerful, heavily financed, has legions of lemmings that will march in lock step for something that is a lie, a cliche, and a pipe dream of ignorant and oppressed people that have never learned self-reliance and self-respect. I finally got my fight.

As Glen Beck said in one of his programs (I am paraphrasing), we are living through historic times. One day you will be asked by a child – perhaps your own, or your grandchild – where were you when liberty was on the line? What did you do? What was it like? Were you scared?

We all have our fight now Dave.

In other news and opinion:

Obama’s CIA in turmoil; Panetta on the ledge; awaiting document dump

Why unions are “Astroturfing” health-care town halls. Reminds you of a slithering snake in the grass or a bunch of cockroaches. Calling animal and pest control – time to fumigate.

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UPDATE 1: 9/9/2009 The Nightmare That Is The Senate Finance Committee Healthcare Proposal – RINOCare Gone Wild. Pay attention to what the Senate is doing right under our noses. It is important to understand what the Senate Finance Committee healthcare proposal means to you. Hint: it’s not good.

Update 2: Finally someone is talking about the constitutionality of ObamaCare. It is this very issue which strengthens the case made by Dr. Lawrence Hunter to use the two Jim Demint amendments and pressure five Senate Democrats on the Finance Committee to stand with their party. What Senator wants to stake their careers on a bill that may pass only to be repealed later? The real question comes down to how long can the states tie up this legislation in the courts. We only need three years. Is ObamaCare Constitutional?

Watch for more of this to come. Utah is looking into using its state constitution and the 10th Amendment protection of states rights from an encroaching federal government to opt out of ObamaCare should it pass Congress.

SALT LAKE CITY — Republican Utah lawmaker Carl Wimmer, R-Herriman, wants Utahns to have the option not to take part in a federal health care program.

He says he’s drafting a proposed amendment to Utah’s Constitution; one he believes will get overwhelming approval.

“We’re going to pass a state Constitutional amendment stating that people will not be forced by the national government to purchase health care insurance and that small businesses will not be forced to provide them,” Wimmer said.

Voters, of course, would have to pass the amendment, and it would have to get at least two-thirds majority in the Utah House and Senate. But Wimmer says it’s worth it, no matter what comes out of the Federal health care reform effort.

He says it’s a state’s rights issue and that Utah has made good progress on its own reform plans. “We don’t need help from the Federal government figuring this thing out, we know how to do it and we’re able to do it far more efficiently than they are,” he says.

Such an amendment could lead to cuts in federal funding and to lawsuits, but Wimmer says it’s time states “wean themselves” from federal dollars and that lawsuits may be the only way to “turn the tables” on the Federal government.

The course for the ObamaCare ship is in uncharted waters, while ways to defeat it are not as difficult as one might think. First, Congress needs a bill for the President to sign. In this and the prevous post I outline the process whereby this can come to pass. These are not my ideas, but come from two very distinguished gentlemen, their biographies presented in my previous post. Keep reading.

Even if passed by Congress, expect strong resistance with a slew of state’s rights movements via the 10th amendment and subsequent lawsuits. There is plenty of time to tie this legislation up in the courts. Long enough, in fact, for the opportunity to derail the legislation by repealling it in a future Congress. However, if enough states fight Obama’s attempt to sieze control and increase the powers of federal government the fissures and fault lines created by this backlash would not favor ObamaCare. What vulnerable Senator or Representative really wants to stake their careers on legislation that may pass, only to possibly be killed later, or that would create such an outcry against federal powers as to start a movement of decentralizing power back to the states? In the end, polling and passion will win the day and minds will be changed. We are living through history, and many of us are actively a part of it. As Obama has shown us, we can no longer take liberty and freedom for granted. It is the duty of every American who cherishes liberty for themselves and future generations to take to the streets and town halls, to encourage state legislatures to resist the federal governement, and to call Senators and Representatives and make their voices heard. This is a beast that can be slaughtered.

Florida is also asserting 10th Amendment State’s Rights under the U.S. Consitution (emphasis mine):

On the heels of a successful state-level resistance to the 2005 Real ID Act, activists and state legislators alike are focusing their efforts on state governments as a way to resist new federal programs.

The latest? Health Care.

In response to what some opponents see as a Congress that doesn’t represent their interests, State Legislators are looking to the nearly-forgotten American political tradition of nullification as a way to reject any potential national health care program that may be coming from Washington.

The most recent effort comes from Florida State Senator Carey Baker and State Representative Scott Plakon, who this week filed a proposed State Constitutional Amendment (HJR37) as a means to prevent Floridians from being affected by any Federal Health Care Legislation. If approved by the legislature, Florida residents could be voting on it as early as 2010.

HJR37 would deny the ability of any new law to impose demands, restrictions or penalties on health care choices on Floridians. Versions of proposed federal health care reform legislation have included insurance coverage mandates, and certain penalties on employers who fail to provide employee health insurance.

It states, in part:

(1) A law or rule shall not compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system

(2) A person or employer may pay directly for lawful health care services and shall not be required to pay penalties or fines for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health care services and shall not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services.

A similar measure, called the Health Care Freedom Act, has already passed in Arizona, and residents of that state will have the opportunity to vote on it in 2010. Sources close to the Tenth Amendment Center say that more than ten other states may see such proposals introduced in the coming session.

Of course, this may not even be necessary as outlined at the Social Security Insitute here by Dr. Larry Hunter:

While a constitutional amendment is a sound and desirable backup measure, and a powerful prophylactic against future over reach by Washington, Wimmer and his compatriots are strategically positioned to drastically reduce the chances of nationalized healthcare ever occurring in the first place. To do so, they need to prevail upon Republican U.S. Senator Bob Bennett to stop trying to negotiate a version of ObamaCare Lite with the White House and his Democratic Senate Colleagues.

Senator Bennett’s version of ObamaCare, which he has introduced with Oregon Democratic Senator Ron Wyden as The Healthy Americans Act (S. 391), is really nothing more than ObamaCare in drag—a Trojan RHINO with ObamaCare hiding inside ready to be smuggled into the country disguised as a “bipartisan compromise.” Bennett’s “solution” to the problems afflicting the healthcare system is not a conservative, market-based solution that one would expect a conservative Republican Senator to promote; it is not a plan that encourages and promotes individual self-reliance; it is RHINOCare (Republican Healthcare In Name Only) that simply wraps ObamaCare in a Republican skin and does not reflect conservative principles and values.

The bill would end the employer tax exclusion for employer-based health-insurance benefits and replace it with a combination of direct federal subsidies and individual tax deductions. In other words, it would increase people’s dependency on Washington dramatically. Mandatory insurance premiums would be collected through automatic payroll deductions from workers’ paychecks, which would be enforced by the IRS. Employers also would be required to pay into the nationalized healthcare system on a payment schedule based on number of employees, employer revenue and an average-plan premium—clearly a tax on employers to fund universal heath coverage run by the federal government.

Senator Bennett’s bill would replace the employer as the tax wedge in the health-insurance market with a direct government tax-and-subsidy wedge designed to drive the after-tax price of healthcare below market-clearing levels—it’s called price controls and it will lead inevitably to healthcare rationing. Hence, the bill would replace one poison with another: Rather than having the employer make critical decisions about what kind of healthcare is available to workers, as the current system does, government would assume a much more direct and active role in making these determinations. For example, the Wyden-Bennett plan would replace the current health system with one that is heavily regulated by the federal government. Individuals would have access only to plans permitted by the government, and they would be required by federal law to purchase such a plan.

The federal government would standardize the entire insurance market through direct mandates and regulations. The federal government would determine which health plans people could buy. The bill would establish a standard benefits package.

The bill requires all individuals to purchase government-defined health coverage without any real choice for individuals to pick a plan that best suits their needs. Senator Bennett even requires that all health insurance policies pay for abortions.

The plan would use direct government regulation to “squeeze out inefficiencies” in the system. In other words, the system would rely upon a new federal bureaucracy to implement “cost-control” measures that would ration and delay care to reduce overall healthcare spending.

Let’s call a spade a spade: Wyden-Bennett represents a form of healthcare fascism in which government and private insurance companies work hand-in-glove (an insidious “public-private partnership”) to control who spends how much, on what medical goods and services, for whom, under what circumstances and on what schedule. While the bill would leave a private-insurance façade on the system, Senator Bennett is actually proposing to turn healthcare over to the government to run, making private insurance companies and healthcare providers essentially agents of the federal government.

Dr. Hunter continues to describe why there is an important political reason for Senator Bob Bennett to stop negotiating with the White House on health care, how the Democrats could ram through a version of health care reform via the reconciliation process, and how Senator Jim DeMint offered a point-of-order amdenment (passed unanimously) and motion to instruct the Conferees (79 yeah votes) that would all but kill the reconciliation process, only to have Senate Budget Committee Chairman, Kent Conrad, ignore the 60-vote requirement and allow it to be removed from the Budget Resolution in Conference. Everyone lives by the rules, unless you’re and Senator. It is elitist and dishonest, in the least, to ignore rules while expecting the rest of us to live by them. Call your Senator and Representative and ensure they commit themselves to the rules that, in one case, all of them voted for. Read My Discussion With Lewis K. Uhler – How 5 Republican Senators May Hold The Future Of Healthcare In Their Hands.

Dr. Hunter makes an excellent point that a constitutional amendment is a sound and desirable backup measure, and a powerful prophylactic against future over-reach by Washington. Even if ObamaCare passes, it is this my belief that states around the country draft resolutions and amendments that reassert state’s rights, putting the federal governement and the Obama administration on notice to tread lightly and expect one hell of a fight if they even attempt to tip-toe on our rights. Time to put the lot of them in thier place or throw the bums out. Many inside the beltway should thank their lucky stars that tar-and-feathering are out of fashion.

Stay out of our lives.

In othe news and opinion:

A must see video that should be passed on. The Public Plan Deception – It’s Not About Choice. Three public statements advocates of single-payer health insurance explain that a health care bill with the “government monopoly option” would move America toward a single-payer government health care system. In the video Professor Jacob Hacker admits, publicly, that:

Someone once said to me this is a Trojan Horse for single-payer. Well it’s not a Trojan Horse, its just right there (audience laughter). I’m telling you, we’re going to get there, over time, slowly, but we will move away from reliance on employment based health insurance as we should, but we’ll do it in a way that we won’t frighten people into believing they are going to lose their private insurance.

Watch the entire video. Email it. It is damning to the narrative of the Obama administration and its liberal allies – it pulls aside the curtain and allows us to peak behind the stage where we find the naked emperor.

The gift that keeps on giving. Dick Durbin, who as you remember compared America to Nazi Germany opens his pie hole and ticks off another segment of the public content until now with sitting on the sidelines. He accomplishes this task, free of charge, by stating the town hall meetings are clearly orchestrated and insulting a growing segment of the American public. I mean, you can’t buy that kind of motivation, the type of motivation that awakens a growing number of us to get out and make our voices heard. If any orchestration is going on, it’s people like Dick Durban and Nancy Pelosi, and Obama who are the wind in our sails, and I thank them for that. Keep up the good work and watch as more of us join the largest movement since Civil Rights. Note to self – liberals unable to follow simple logic. The more they open their mouths and accuse people like me and you of being automatons when it is clearly their side that is orchestrating violence at the town hall meetings, clearly liberal organizations such as the SEIU that are robots at the beck and call of Obama the citizen spy master, the more of us show up, the angrier we are, the more desperate they look, and the more the poll numbers for health care plummet. Anybody home in that brain there Dick? Obama? Rahm? Nancy? Any liberal?

Please, keep talking. Don’t ever stop. It’s like free advertisement when liberal leaders decide to bloviate ad nauseum and explain how good their version of health care is for us, yet refuse to back a resolution that would require them to “enjoy” the same benefits as their own constituents. An on August 22nd, when the recess rally occurs, liberals like Dick will look like fools and skulk back under their rocks. At that time, only a few brain dead liberals will buy the already lifeless meme of orchestrated resistance when they see millions of people taking to the streets. Ahhh, I love the smell of crybabies in the morning.

The Washington Times agrees, the polling data does not back up the protesters are scripted. Drooping polls undercut scripted protest claims

CRITICAL: White House continues spy campaign: White House Launches Health Tattle-Tale Site on another .gov website. The site is here. Don’t forget to turn yourself in by using the contact section of the page. Ask them to address this video. Amazing how many lies these people will attempt to propagate in a vain attempt to spread the meme of “ObamaCare” is good for you. Watch this one backfire and the polls to drop even lower. Perchance the older site was inundated with millions of emails? Let’s do it again. Melt the phone (202-501-0282) and email of Lee Ellis (lee.ellis@gsa.gov), policy administrator of the GSA Federal Acquisition Service which assign .Gov domains and creates the guidelines for the use of .Gov domains. Be courteous.

More protests in Austin. Some protests in Massachusetts. Did I just read that?

Death panels? What death panels? Oh, those death panels

Rep. Tsongas tries to explain why Congress is exempt from Obamacare. Fails.

“Drowning out opposing views is simply un-American.”

Tsongas (D-MA): I won’t take ObamaCare because I have better options. Wow, the truth from a Democrat!? Quick, somebody turn her in to flag@whitehouse.gov. She’s spreading disinformation! It’s fishy I tell you!

It appears as if Obama’s coattails have become an anchor. Net approval for Dem Senators declining twice as fast as GOP counterparts

Dems Continue “Listening Tour”– Fists, Boots, Bullhorns, Stomping Heads, Smashing Faces, Assaults Included. I can’t wait for the 22nd. A little camera off in the background to document a few things, some thug(s) about to commit an act of stupidity their tiny brains can’t begin to comprehend, and then me. By the time I am done defending myself, said thug(s) will be spending so much time in the hospital they’ll name a wing after them. It will be called the Stupidity Wing – fully paid for by the SEIU.

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