The States Will Be the Next Battlefield in the Fight Over ObamaCare
by Brian GarstRight now the battle over government-run health care is centered in Washington D.C. Numerous protests have been held at the Capital, including the massive 9.12 Project march, where hundreds of thousands traveled from all over the country to protest excessive spending, bailouts, and big government proposals for reforming healthcare. Another ten thousand showed up in November for a “House Call” protest, arranged on very short notice, specifically targeting healthcare legislation pushed by Democrats. These same activists are also burning up the phones before every major vote. Despite the unprecedented strength of this small government uprising, we must face the very real possibility that, while these protests will no doubt keep participants motivated leading up to the next election, they may not be enough to stop passage of ObamaCare. Depending on the outcome of today’s fight, tomorrow’s could very well be at the state level, and eventually in the courts.
According to the American Legislative Exchange Council, lawmakers in 24 states have at least pledged to introduce legislation modeled after their Freedom of Choice in Health Care Act, which nullifies an individual mandate to purchase federally approved health insurance. This amounts to a bold reassertion of the 10th Amendment, that long ignored protection of state sovereignty against federal infringement. Thirteen of these states have already filed or pre-filed constitutional amendments to protect the rights of individuals to make their own healthcare decisions.
One of these states is Arizona, where voters will decide the issue by statewide ballot in 2010. When voting on the Arizona Health Insurance Reform Amendment, citizens of the Grand Canyon State will have an important opportunity to take the lead in fighting federal overreach. A similar measure was only narrowly defeated — by 8,000 votes out of over 1.8 million cast — in 2008. Given the extreme likelihood that the 2010 electorate as a whole will be in a more anti-Obama mood than the one that swept him into office in 2008, there is reason for optimism that the measure will pass.
So what happens if Arizona, or any other state, passes such an amendment? Unfortunately, that is unlikely to be the end of it. ObamaCare supporters will quickly challenge the amendment in court, lest other states be tempted to follow suit and protect their citizens and healthcare markets from federal control.
The Constitution is fairly clear on this question. The federal government has a limited set of enumerated powers, while everything else is reserved to the states and the people. None of these powers includes the ability to force people to purchase health insurance, or anything else for that matter. Sadly, modern Constitutional jurisprudence is far removed from the document it is purportedly based on. By consistently misinterpreting the commerce and general welfare clauses, the courts have allowed significant extra-constitutional growth of the federal government over the course of the nation’s history.
Despite this state of affairs, there is some hope that even a court system based on the flawed constitutional understanding of modern jurisprudence will balk at the audacity of ObamaCare. A recent report by the Congressional Research Service acknowledged that, “it is a novel issue whether Congress may use [the commerce] clause to require an individual to purchase a good or service.” And when this same issue arose in 1993 during the HillaryCare battle, the Congressional Budget Office found the mandate to be “unprecedented,” noting that, “the government has never required people to buy any good or service as a condition of lawful residence in the United States.” Still, lacking any Supreme Court precedent, a potential legal battle could go either way.
There can only be a legal battle, however, if the states and the people first reassert their sovereignty.
In order to insure that happens, activists should fight not just in Washington D.C., but also in the legislatures of their home states. Don’t just call Nancy Pelosi — who doesn’t care — or some moderate Senator who can be bought off by a few hundred million dollars in pork, but also call your state representative and tell him or her that you want an amendment to protect the rights of citizens to decide what, if any, insurance they want to purchase.
Many lawmakers across the U.S. are already sticking out their necks by standing up against a federal takeover of the healthcare industry. Legislators from 15 states held a press conference on Dec. 4th to unveil a letter, signed by over 100 lawmakers from 45 states, opposing ObamaCare. We must now put pressure on their colleagues to join them. If elected officials in Washington D.C. cannot be counted on to fulfill their duty to pass only those laws within their constitutional authority, then we have no choice but to look elsewhere to recapture our rights.
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"The Constitution is fairly clear on this question. The federal government has a limited set of enumerated powers, while everything else is reserved to the states and the people."
HA! If only it were that simple. The federal government abandoned the constitution a long time ago and half the stuff they do now are unconstitutional.
The only way to defeat Obamacare and all of the other infringements on our personal liberty is for the people of this country to rise up and take back our government. We need a thorough housecleaning from top to bottom and we need to start putting people in government at all levels who respect the Constitution.
Check out the extensive list of conservative activism groups at http://www.GrassRootsNation.com, find one near you and get involved NOW. Things will never get better unless all freedom loving Americans take action.
[...] Read the whole thing here. [...]
If you are in the political business don’t make long term plans, your ass will be unemployed soon!
Tyrants have found their definition in D.C. They have ceased to be responsive or responsible adults, they are bought-and-paid-for tyrants on a Federal level.
And our State lines may not hold, either, so pervasive is the infantilization of the populace.
So, after we've exhausted the Ballot, Soap, and Jury boxes, our next line of retreat shall then be. . .?
the ammo box?
Never has the Federal Government forced the people of this Country to purchase something, just to legally reside here.
Traditionally there are three stages to societies, Revolution/Civil War, Complacency, Revolution/Civil War. The only way to break the chain is when complacency does not wake before the society collapses. Now a social Revolution/Civil War does not mean actually shooting at each other, we have a system in place that allows us to pose a revolt without arms, your vote.
The funny thing is that BO may have been the best thing to have happened in a long time, I have never seen this many people awake & mad, many of whom keep asking "how did this happen?" Sadly, we did upon our selves. We are awaking from our complacency, NOW VOTE!
Dems have started a round robin for a petition to get Boxer to take out the Stupak amendment.
I hope that they succeed, because there are Dems who will NOT, no matter what kind of arm turning they get, vote for the final ObamaCare Bill, aa long as the government is paying for abortion. This is something that they don't understand, evidently, and I'm not going to clue them in.
We will fight them in Washington.
We will fight them in Austin.
We will fight them in our counties.
We will fight them in the streets
We will fight them in our yards
We will never surrender.
Do more than vote. Get involved. Volunteer, contribute, etc., etc.
Thanks for writing this, Brian.
I’ve alerted every Floridian on my mail list, urging them to contact their respective state Rep. As it stands, there are currently only three Florida state reps who have signed on to this.
I’ve also suggested to my fellow Floridians that they pass the email on to family and friends in other states for their action.
I’m hoping we can create a groundswell movement in our various state legislatures to slam down this abomination of a so-called “health care reform” and stop it in its tracks at the state level.
Again, thanks for writing such a useful and informative piece.
Andrea Shea King
Agreed, I was just getting too long winded there.
State rights have been slipping away to the Federal government for many decades, some states faster than others. Looking at it, the decline in state righes started with the passage of the 17th Amendment to the Constitution when US Senators stopped being appointed by the state they represent and elected by popular vote.
Prior to the 17th Amendment, it wasn't a bed of roses either in politics but the Senators fought for their state as if they didn't, their state legislature would replace them. Today we have the popular vote which is really turning into a disaster with life long incumbency based on many idiot voters who vote strictly on name recognition.
Prior to the 17th Amendment, if a state couldn't decide on a Senator because of partisan bickering, then that state wasn't represented at the Federal level. I could live with that as it is better than getting stuck with someone like Murtha who keeps getting votes mostly on name recognition these days.
Thanks Andrea.
The letter is a bit outdated and is not a comprehensive list of those fighting ObamaCare. The legislation in Florida has 14 co-sponsors right now according to Ballot Pedia: http://www.ballotpedia.org/wiki/index.php/Florida...
[...] Here’s the story you need to know. It appears at Big Government.com, the Andrew Breitbart website for which I frequently write. I’ve excerpted parts of this article, titled THE STATES WILL BE THE NEXT BATTLEFIELD IN THE FIGHT OVER OBAMA CARE. You can read the entire piece by clicking the link at the beginning of this paragraph. [...]
When has Obama ever let the Constitution get in the way of what he wants to do? To him, it might be just another document to be placed in the basement.
GOD I LOVE TEXAS. two good senators,some good reps. save for lee jackson(she can't wipe he butt, for hussein telling her which hand)
Hear, hear! And take the 16th amendment away also!
[...] the rest here: Big Government » Blog Archive » The States Will Be the Next … By admin | category: arizona health insurance | tags: arizona-health, decide-the-issue, [...]
For those interested in learning the Constitution please check out http://www.AmericanCitizens.org They have FREE Video training classes on the Constitution and much more. You can also download the Constitution in an audio version and listen on your MP3 format or just listen online.
Check out the very funny video titled.. Is This You? of Barney Fife trying to recite the Preamble to the Constitution. Extremely funny but a serious message that needs to be spread! Please help spread it! SEMPER FI
That was tried,
At Ruby Ridge and Waco.
Kay Bailey Hutchison is terrible. She requested over $1.6 billion in pork earmarks this year. CAGW named her porker of the month for the third time.
Google for her record. She is a DC insider and should not be reelected. Her pet projects are taking the taxpayers to the cleaners.
Better scout out that trail now — looks like we're heading down it again…
Lock and load! This is OUR COUNTRY!!
Only by the nut jobs! Those people were NOT fighting for freedom, they were fighting for control…of their own small little world…
I look at it this way…if the law makers can ignore the Constitution, we can ignore them and their laws!!
Better there than the coffin-box!
Excellent. Well not really. But the coverage by BigGovernment will be excellent.
CBS News. RIP
Did you ever think that there would come a time when you would have to do that?
I'm with ya.
But if you really think about it that is a really sad statement.
As far back as James Madison – Congress has been trying to pass laws outside their Constitutional powers. John Marshall set precedent back then allowing Congress to decide for themselves what was constitutional and what wasn't. Equal powers among the branches of government no longer exists based on court precedence. Madison said the constitution can only be interpreted by looking at the debates in each state and how it was interpreted back then as to its true meaning. The understanding the people had back then which allowed it to be ratified in each state is the "true" meaning of the constitution. Activist judges have damaged our republican system establishing a long train of abuses by the legislative branch of government. Unenlightened people voting with emotion instead of reason has got us here today. Public will has nothing to do with the passage of legislation and Obama knows that. Precedence in the rule of law is what counts. So get ready, Obamacare will be coming to a neighborhood near you. Kiss 20% of your disposable income goodbye and get ready for a long train of further abuses of your liberties.
When millions of citizens are told either buy the insurance or be fined and/or arrested you can be sure that road will open again.
Congress will then find out why the Second Amendment is in place!
Even if this health care legislation would be challenged all the way to the Supreme Court, the court would have no choice but to allow it. Otherwise, all other legislation passed over the last 200+ years would be open to challenge and overturning. The constitution is very specific in what the limits were for a federal or central government. Medicare and Medicaid are two examples of powers NOT delegated to the national government. And the government didn't envoke the means to change our constitution to make it one of their powers through the amendment clause. Yet today, millions upon millions of Americans are dependent on those two programs which are outside the enumerated powers given to the central government. Do you think Obamacare is anything different than Medicare and Medicaid? You are forced to pay into those two systems through payroll taxes.
So, this is all boiling down to a States Rights issue, eh?
"Many lawmakers across the U.S. are already sticking out their necks by standing up against a federal takeover of the healthcare industry. Legislators from 15 states held a press conference on Dec. 4th to unveil a letter, signed by over 100 lawmakers from 45 states, opposing ObamaCare. We must now put pressure on their colleagues to join them. If elected officials in Washington D.C. cannot be counted on to fulfill their duty to pass only those laws within their constitutional authority, then we have no choice but to look elsewhere to recapture our rights.'
As I recall, we went down that dark and bloody road once, from 1861-1865.
You are right, absolutely correct.
But the nut jobs you refer to, were the ones that held the authority.
If they pass it we will not obey, and if the tax it we will not pay. The 21st Century American Motto of Freedom.
Well the libs seem to think they know what's best for you and your family. Just do what they tell you and everything will be ok….trust them
Our constitution now encompasses the 50 volumes of the Code of Federal Regulations and 44,000 pages of the tax codes. We will soon add a new volume to the CFR called Health Care. It's the final punctuation mark on a long train of usurpations and abuses by all 3 branches of our federal government. All of these Codes and Regulations with few exceptions, while valient in their course to protect the public, are established with no authority granted in the original constitution. Political expedience has overruled republican law. If all of these codes and regulations where put up as ammendments to the original constitution and required ratification by the states, what are the odds do you think that most of them would pass that test?
Thanks for the efforts in Florida. If this does in fact pass the Senate we will have to leverage all of the grassroots groups in each state to get out there and build support for action at the state level to preserve our freedoms.
It's amazing once you start looking into it how many groups have sprung up and how many citizens have indicated their willingness to get involve and fight for what they believe in. It's heartening to see in the face of the socialist onslaught coming from Washington.
Good point. It just goes to show how massive and seemingly insurmountable the problem is.
Of course the only way to solve a massive, insurmountable problem is to first identify it, then commit yourself to solving it, and then break it down into manageable chunks and begin to work through them.
The PEOPLE of this country have met huge challenges before and we can do it again.
As Thomas Jefferson so elequently wrote in our Declaration of Independence – "Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. " It will take a lot more than a few politicians rattling their state sabers to put fear in the tyrants of Washington DC. Neither house of the legislative branch are controlled by the states. They gave up that right when they ratified the 17th Amendment to the Constitution. Now both houses of the legislative branch are subject to "public emotion" and the politic of the day. If states want to exert their influence on legistlation, they must take it upon themselves to repeal the 17th amendment so their rights are equally represented without the emotion of the public.
Pray them out with Psalms Ch 91 in its entireity. This is The Soldiers Prayer. Remember our Constitution states that The Fed Govt is to promote the general welfare for us…It does not say that they are to Provide Welfare…Remind our politicians of that continuously….including your city level officials.
Also you get get quick Constitutional Answers oon almost all subjects or issues by visiting:
http//:http://www.constitutionparty.org Pick out your favorite issue that you are most interested in. Work on that. Sign all petitions, and really important issues that are oon the table right now, think about sending faxes and make telephone calls. Read Rules for Radicals…We ain't giving up, and we are not retreating. Get on the High Ground and shoot down at them and their low life policies.
This is a must view. The lessons are short in approx 10 minute sessions. Also go to
http//:http://www.constitutionparty.org for quick answers to various or all issues.
“Those who make peaceful revolution impossible, make violent revolution inevitable.”
The man who made that statement would in this environment find himself on the DHS watchlist as a right wing, anti-government extremist. His name was John Fitzgerald Kennedy. At the time, the comments were directed towards Latin dictators, but in the end, a dictator knows no geographical boundaries.
The framers of the Constitution knew that government is a dangerous institution. That's why they made provision to have a peaceful revolution through regular elections. Limitations on the acquisition of government power. The one flaw they did not account for was a stupid, ignorant elecorate. They understood that mob rule was essentially two wolves and a sheep deciding the dinner menu, hence a representative republic, not a democracy.
I hope the next revolution has better luck resolving this flaw while remaining true to the intent of the Constitution.
[...] the original post: Big Government » Blog Archive » The States Will Be the Next … By admin | category: care ge insurance long term | tags: arizona, arizona-health, federal, [...]
“Those who make peaceful revolution impossible, make violent revolution inevitable.”
Agreed, I just hope it does not come to that, as I walk out the door to buy ammo…..
I don't think that's true. There's a substantive difference between this action and others allowed by the Supreme Court. They could decide to draw the line on Interstate Commerce before it allows forcing people to buy a particular good. Doing so would not overturn any precedent. I'm not necessarily optimistic that they will, but it's a distinct possibility.
If ballots don't work, then we may have to resort to bullets. God help us all as we take back our country!
[...] New Battlefield For Healthcare Freedom: The 50 United States [...]
BUT!!!! The State op-out had a catch in a Fed highway 55 MPH bill.
It said states could op-out but woun't get any federal highway funds.
Does this possible op-out have a poison pill?
I think we need to start having tea parties at our STATE houses….put pressure on them to take care of their constituents and protect them from this federal takeover…and this is not just health care…NULLIFY EVERYTHING…Thank you Andrew Breitbart and BigGovernment…your are leading the way on the information super highwaaaaaaaaaaaaaayyyyyyyyyyyyyyyy!
What senator has not brought monies in to their districts?
THE FREEDOM MANIFESTO
I read an article in Politico on the agenda of MoveOn.org, which explains their new agenda, now that the most liberal politician in our history has been elected President. Got me thinking of what it would look like if the "right" would – hypothetically speaking, of course – develop a plan to resist MoveOn, Obama and the age of huge (not just big) government. These people at MoveOn did not wait for politicians in Washington to step up to their agenda – they stepped up to the politicians and said "you are going to do this, or else." We Christians and Conservatives, likewise cannot continue to howl and fuss at Republicans who do not fight for the Founding Principles upon which our nation was founded. If MoveOn and the Daily Kos can do it, so can we. And we must. The attack plan below to restore Constitutional government, is just a start but should include:
1.Establish the groundwork for a boycott of the federal income tax. If you no longer feel the federal government is operating within the confines of the Constitution, you have a moral obligation to become a conscientious objector and simply say NO to the payment of taxes to Washington. Does the Constitution give the Feds the right to bail out labor unions and give non-citizens rights and benefits? If you feel that by doing so, our sovereignty, Constitution and Bill of Rights are null and void then so is any responsibility you may have had for taxes under the 16th Amendment. 2. Begin a vigorous campaign to urge the public to home-school and/or send their children to private schools, with or without vouchers. Then begin a major program to build a private, non-union school system. This is the only way we will crack the huge union dominated government school bureaucracy. 3. Begin to use the legal system to fight big government. If the ACLU can do it, why can't we? We must begin to bring suit on every issue that threatens our nation's original freedoms and traditions. 4. We begin a systematic march on the media, especially television. TV is the medium through which the liberal agenda is being implemented. The left learned long ago that a picture is worth a thousand words and the best example of this is the pictures of bodies of dead soldiers they broadcast every time we are in a war they do not approve of (usually when a Republican is leading it!). Holding pro-America, Republican rallies at local TV stations would be a great start – especially if the liberals re-implement the "Fairness" Doctrine. 5. Boycott employers who advertise on far left liberal media outlets like NBC. No patriotic American should buy a General Electric household product as long as Matthews, Olbermann and their ilk are permitted to spew their anti-Republican, anti-American hatred.
[...] Big Government » Blog Archive » The States Will Be the Next … [...]
GRNation
Stand against Nationalized Health Care(less).
The framers of the Constitution knew that eventually a tyrannical government would evolve. That's one reason the 2nd Amendment is there.
We have a president that is nothing more than a puppet for the SEIU, Acorn and certain big businesses. His amateur actions speak volumes of his lack of knowledge, as does his failure to release his educational information. He shows his constant disrespect for our flag, our military and our country. Whether his behavior in public is because of his amateurism or ignorance, he has made both himself and our nation a laughing stock of the world.
He has created a shadow government, filled with SEIU, Acorn and other Chicago cronies, that have no responsibility to either the Congress or citizens.
The members of our Congress are so deeply indebted to big business that it is impossilbe for them to be representative of the people that elected them. Corruption is so deep, so entrenched that no amount of transparency, rules or regulation can undo it.
When millions of people are suddenly told that they have to "buy" insurance or face fines and/or jail those movements that have espoused removing this government will gain much support.
Militia's are growing faster in numbers and members than ever before. And, they are not because of race issues, but because of a failed government and loss and threatened loss of freedoms.
As Jefferson stated, there comes a time to remove the existing government and replace it with a new one.
The question now is will it be peaceful or violent.
seems there was a saying back in the day – "better dead than red " or " live free or die " fight with your vote – but keep your tools of freedom close to hand.
There is a difference, Cowboy Logic.
Those were against small groups of people. If violence or hostilities break out between the states and the federal governments over control, it will be on a massive scale.
A) Healthcare reform will not pass Congress in either 2009, and especially in 2010. Either the inclusion of a public option or the absence of a Stupak amendment (or vice versa) will ensure the votes just aren't there. They will try by every devious means necessary, but as the clock ticks down to January 2010, more Senators and Congressman are going to be unwilling to enter an election year and face voters with this albatross around their necks. Democratic talk of "sacrificing their majority" in order to get this passed is blather, and implies a level of principle they are genetically incapable of possessing. They will not die on this hill.
B) Talks of pending civil war are perhaps germane, but entirely premature. In order for 500,000 armed, locked, and loaded NRA members to go marching on Washington demanding the repeal of the last 80 years of extra- and un-constitutional government, there needs to be significantly more suffering and dramatically more open and notorious taking of individual liberties. All of this may yet happen, but in time. That time is not now.
To make it happen in the short term would require the re-election of BHO, something highly doubtful at this point, and retained, if not increased, majorities in both the House and Senate for Democrats in 2010, also doubtful.
Obamacare is on government-sponsored life support. The Death Panel is already meeting, and the prognosis is grim. We need be vigilant, but not alarmed. Cautious, not triumphant. Other dangers, far more incipient and injurious to our liberties still wait to be slayed, as such is the nature of government as our Founders well knew. For now, the revolution will be at the ballot box. But one must only watch the suffering and tyranny under which people are willing to live before taking up arms (if ever) to know that we are a very long way indeed before something similar were to occur (for the third time) here in the U.S.
The Constitution doesn't say anything about a standing Army or an Air Force of any kind. Similarly, nothing about the CIA, the DIA, or the NSA. Shall we walk unarmed and blind in the company of fellow nations? The Constitution grants Congress the right "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." It also specifies the process by which laws are to be enacted, and a completely separate process for amending the Constitution. From the very beginning the framers of the Constitution intended it to be easier to pass laws than to ratify the Constitution. That only makes sense the Constitution is supposed to contain basic principles – metalaws if you will.
Furthermore, if you feel you have been harmed by an unconstitutional law, all you have to do is bring it to court. If you've got a halfway decent case, no matter how reprehensible, the ACLU will probably help you for nothing.
Buy more Ammo we will need it…… We will take this country back… I hope by the votes…But it does not look good.. We must all Pray….
[...] BigGovernment.com Published in: [...]
[...] Battle Over Health Reform Moves to the States By Dana Sheaff Negotiations on health care reform between the House and the Senate have started, with the goal of delivering a bill to President Obama by the end of January. While the administration has stressed that delays are to be expected, most observers agree that eventually Congress will pass the legislation. However, once Obama signs the bill into law, the struggle will still be far from over. The next battleground in the debate is shaping up to be not Washington, but the states. [...]
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[...] [...]
[...] efforts of states to pass a version of the Health Care Freedom Act, which I previously discussed here. Much has happened since I last talked about the efforts of states to protect individual health [...]
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[...] I predicted back in December, the fight over Obamacare has moved to the states. Several big developments have hit recently [...]
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