11 attorneys general challenge legality of Obamacare fix – is nullification possible?

Photo: Pete Souza (White House)

Maybe this year is getting off to a good start. Eleven GOP attorneys general are willing to take on the legality of the executive directives in changing status – the so-called fixes to Obamacare. As reported by the Fiscal Times, the Attorneys General say the president is breaking the law because he is making changes without first going through Congress. The group sent a letter yesterday to Health and Human Services Secretary Kathleen Sebelius regarding the constitutionality of Obama’s most recent executive action decreeing that insurance companies may continue to offer plans that he previously considered “junk plans” and were cancelled. The letter called the rule change “flatly illegal under federal constitutional and statutory law” and said “the illegal actions by this administration must stop.” Gee, ya think?

According to the Fiscal Times:

The Republican attorneys general argue that President Obama’s rule change violates both the separation of powers between the branches of government and his responsibility to execute laws faithfully. “We are deeply concerned that this Administration is consistently rewriting new rules and effectively inventing statutory provisions to operationalize a flawed law,” the letter said. “And the irony, of course, is that the changes being put forth to fix the disastrous exchanges will ultimately destroy the market and increase health insurance premiums for customers who played by the rules.”

So does this mean the States might have a chance at nullification? The concept of nullification is based on the theory that because the States are essentially the creators of the federal government, they have the final authority to determine the limits of its power. Under this theory, the States would therefore have the authority to strike down or nullify any federal laws they believed were beyond constitutional limits.

Sounds good in theory, but it has rarely been upheld, and rejected by the Federal courts on more than one occasion – including the Supreme Court. Under the Supremacy Clause of the Constitution, federal law is superior to state law. And under Article III of the Constitution, the federal judiciary has the final power to interpret the Constitution — as Chief Justice John Roberts did in making the decision on the constitutionality of Obamacare.

However, in so doing, he greatly expanded federal taxing authority, basically granting the power of behavior modification by way of taxation when he ruled individual mandate was actually a tax and constitutional.

In any event, the power to make final decisions about the constitutionality of federal laws lies with the federal courts, not the states, and the states don’t have the power to nullify federal laws.

Do I believe the States will exert their rights as these attorneys general have done? Absolutely. Are they right in challenging the countless iterations of changing law, granting waivers, exemptions, and delays through executive fiat and mandate, not by legislative action? Certainly.

What do you, “We the People” believe? Is this a huge overreach by the Executive Branch and inconsistent with the separation of powers of our Constitution? And how will it end up?

118 COMMENTS

  1. This be wonderful news, the law has been changed so many times through out the year was wondering how it can even be enforced.. guess we will find out

  2. If enough States take the issue to Court….it will be decided one way or the other. Bottom line is the power to govern remains with the People via the State and Federal Governments. If enough People decide it is time to rein in the Federal Government it will happen…..hopefully through the Ballot Box and newly elected Congressional Representatives. Ultimately, there is more than one way to affect change…..the Constitution spells it out and the Declaration of Independence explicitly explains when that should occur and reminds us that is one of our very fundamental God Given Rights….to determine the type, scope, and power of any government we set up to serve the needs of the People.

    The Folks in Washington need to remember that….and take note that over 70 percent of the American People are unsatisfied with the current Government. That sentiment is going to boil over one day if the Political Elite do not change the way they are doing business and ignoring the Will of the People.

    • Exactly. The sovereign states set up the federal government, and it was not designed to be the power over the country. The federal government has 4 powers: War, peace, international trade, and treaties. Now where do you think Obamacare falls under that? Or education? Or the FDA? Or the NSA? Or the IRS? Or most of the bureaus and departments, led by appointed people, that have control of almost every aspect of our lives? It is time for the sovereign states to stand up and take back what they have either given away or has been stolen. The States and the People are the head of the federal government; not the other way around. It’s no wonder they don’t teach government in schools anymore; the feds don’t want people knowing what power they truly have. The title of traitor could apply to any number of the people in Washington, but we let our congressmen sit on their hands and do nothing – probably because most of them could be considered traitors, too, and they are not about to point the finger at anyone else in case it gets pointed back at them. There is a reason that Washington has been filled with liars, thieves, and con men.

      • well if obama and his muzzie friends want step down or we cant vote them out maybe just maybe the GOOD LORD WILL HAVE MERCY AND TAKE THEM HIM SELF.

  3. Let us hope and pray that this awful piece of legislation can be overturned and the executive power grab reined in. Don’t have a tremendous amount of confidence that will happen in Washington, but maybe the states can band together and put pressure on the judicial branch.

    • A part of filing a law suit is that you have to be affected by the law – very laymen’s terms I know but if the law is not in effect, how can it affect you. There’s a legal term for this and I’m too lazy to look it up right now, at work as well, but a judge can refuse to hear a case if 1) it is filed by someone that is not directly affected and 2) the law is not in affect yet therefore it cannot have an effect on anyone.

      So chances are, they waited until it was fully implemented.

      • Thanks for the response. I understand what you are saying. A law could have been changed say changed 2yrs ago but if it didn’t affect anyone then it really isn’t worthy to be heard by a judge.
        This now makes more sense as to why no one has challenged Obama Care before.

      • And then contradictory to this is that if the passage of a law can be deemed to have such a major affect on everyone, a request can be made for it to be heard faster than normal. I think this is what happened with obamacare and the reason the Supreme Court took the case when it did. There have been several cases like this and most if not all have been centered around a federal policy that was soon to be enacted.

  4. This “affordable” care act was doomed from the moment the idea was ever thought up. In MA, Romneycare was put into place ONLY for those without insurance coverage. The rest of us were left alone.

    By taking away existing plans from the already insured, Obamacare has managed to increase the number of uninsured across the entire nation. It is one big scam. It can never work. The free market is the only way. But now, that has been messed with and we are all screwed. And for Obama to take it upon himself to continually tweak the thing, well, that is not what a president is supposed to do. That is what a King does. And we shall not be ruled.

    A government that thinks it knows what is best for We, the People is a very dangerous thing.

    • I refuse to “get used to it” and “get over it.” I will never give up. Obama is not a king, and I believe Americans are waking up to it, albeit very slowly. Maybe when their own personal pocketbook is hit, they’ll sit up and turn off the TV and pay attention.

      • George Washington was asked to be King, and he refused – that is exactly what the Revolution was fought over. Ben Franklin didn’t even want a president. I think he had the right idea.

      • Perhaps we do not recognize that we have a king, but we have a king regardless. You are exactly right, this apathy has caused it to be possible but, make no mistake, we have a pseudo monarchy undeterred by apathy and those who have been bought. I have been warning people of this for years and years, but few listened and no one wanted to hear the warnings. So now,… we have a king.

    • will come a day at this rate where we will be voting again…..but with true votes not done from the grave but votes putting some in them

  5. In our history classes many years ago, when this great nation was still a great nation, we were taught about the separation of powers and the system of checks and balances. Where has it all gone wrong? Are the two branches of our government so afraid of the Executive branch that they’re kowtowing to it’s “Kingly” attitude or are they just in shock with each new overreach of it’s office’s whimsy? When are we going to stop this rogue illegal steamroller? Somebody’s got to speak up for “We, the People/”

  6. With all due respect to Mr. West, I beg to differ with the definition of the Law of the Land. It is not what the Supreme Court decides, but what the Constitution says. To wit: “This Constitution, and the Laws of the United States which shall be
    made in Pursuance thereof [my note – in persuance of the Constitution]; and all Treaties made, or which shall be
    made, under the Authority of the United States, shall be the supreme Law
    of the Land; and the Judges in every State shall be bound thereby, any
    Thing in the Constitution or Laws of any State to the contrary
    notwithstanding.” U.S. Const. art. VI, Paragraph 2 If the Supreme Court rules that something unconstitutional is constitutional, the law of the Constitution stands over the decision of the Supreme Court. Unfortunately, the country has come to believe that whatever the Supreme Court says is the last truth, when it was provided that all three of the branches of government would have checks and bounds. The Supreme Court still has to answer to the Constitution. And the States, each state sovereign in its own right, have the right NOT to follow an unconstitutional law. In fact, not only do they have the right, they have the duty to strike down unconstitutional laws. The following is written by The Amendment Center and refers to Jefferson’s writings about states’ rights and nullification. Here:

    “The doctrine of nullification, i.e., the idea that states have the
    right to unilaterally render void an act of the federal government that
    they perceive to be contrary to the Constitution, finds its origins in
    the writings of Thomas Jefferson, most notably his 1798 Kentucky
    Resolutions, written to protest the Federalist Congress’s passage of the
    Alien and Sedition Acts.

    Thomas Jefferson’s Kentucky Resolutions claim that the U. S. Constitution was a compact among the several states–whereby the states delegated certain limited powers to the U.S. government; any undelegated power exercised by the U. S. government is thus void.

    Furthermore, the general government is not the final and authoritative judge of its own powers, since that would make the government’s discretion, and not the Constitution, the measure of those powers–but rather the parties to the contract, the states, have each an equal right to judge for themselves whether the Constitution has been violated as well as “the mode and measure of redress”–since there is no common judge of such matters among them.

    Thus, every state can of its own authority nullify within its territory “all assumptions of power by others”-i.e., all perceived violations of the Constitution by the federal government.

    The Kentucky Resolution uses the Tenth Amendment to justify a strict construction of the general government’s powers; any powers not expressly delegated to the U. S. government remain the province of the states or the people, and any exercise of those powers by the general government is void and can be struck down by the states on that basis.

    Furthermore, Jefferson warns against construing the “necessary and proper” clause so broadly as to justify the assumption of undelegated powers by the general government; the intent of the clause was to only enable the execution of limited powers, not to indefinitely extend the general government’s scope. Otherwise, this part of the Constitution would be used “to destroy the whole residue of that instrument.” (MY NOTE: Is that not what is happening now?)

    Jefferson counsels the states to be vigilant against violations of the Constitutions and not hesitant to strike down unconstitutional measures by Congress or the President; he writes that “free government is founded in jealously and not in confidence” and therefore urges that “no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.”

    In other words, the states should not trust federal officials with non-constitutional powers simply because those particular federal officials might be trusted to use those powers benevolently; this kind of “confidence of man” leads to the destruction of free government.”

  7. One more point: The Supreme Court did NOT rule Obamacare constitutional. It ruled the “mandate” (tax) constitutional. That left the door wide open for law suits regarding the constitutionality of the entire program, but everybody talks about the Supreme Court declaring Obamacare constitutional. T’aint so. The door is open, and it is up to the States to step through it. They don’t even have to sue; the legislators just have to say “it is unconstitutional and we will not accept it. It is not the law in this state.”

  8. “. And under Article III of the Constitution, the federal judiciary has the final power to interpret the Constitution”

    Actually, not true. That power is nowhere in Article III, which is what gave rise to the first great judicial arrogation of power, Marbury v. Madison. There’s still Law Review Articles being published defending it, with the normal references to the traditional roles of the courts in English common law, despite the fact that we were breaking away from the Cown.

  9. Pretty much everything about every part of Obamacare, and everything that’s been done to and with it since its inception, has violated the Constitution.

    Barack Hussein Obama has repeatedly committed treason against the United States of America and should be impeached, tried, convicted, and given the maximum sentence (which, frankly, is way too lenient for him).

  10. Nice in theory but nothing will come out of this…..he’s got everyone in DC hanging off his left nut. Until we as individuals decide to vote ALL these idiots out of office and start over it’ll be 2008-2013 all over again.

    • the problem being is the deck is stacked, the jackasses in made sure of that with this Game of not only Allowing Illegal Invaders IN but putting them on Welfare and Letting them vote………….many more than once.
      We need to get rid of the lot of them: Illegal Invaders sucking up Taxpayers money and officials Giving it to them for votes.
      However the job needs to be done before there is no working class or Constitution.

  11. What the states need to do is call for a constitutional convention for the purpose of repealing the 17th amendment to the constitution; so they can get their constitutional authority back; then they will be able to recall any senator who doesn’t vote to repeal Obama care.

  12. Sure would be nice if Florida’s AG, Ms. Pam Bondi, was a part of this. All AG’s from all states need to take a stand for the citizens they represent. Our voices need to heard and we need to demand justice.

  13. First of all, nullification INCLUDES decisions of the Supreme Court! The Sovereign States may nullify their bad decisions as well, making them null and void in the State so doing! Secondly, the Federal courts will ALWAYS support the Federal government, the “game” is stacked against you.

  14. Aren’t California and Colorado currently nullifying federal law by selling medical marijuana? I can think of tons of laws that need to be nullified with Ovomit-care at the top of the list.

    • Not just the unions but over 1000 corporations, the whole government and thier staff and a crap load of Obamas “friends”. they like to ammend the constitution, heres one for them. Congress shall make no law that exempts the government.

  15. I believe the Supreme Court is wrong in ruling Obamacare constitutional in the first place. If the Supreme Court, of which we do not get to elect, is the highest authority in the land, then we the people need to introduce ourselves to them. If our federal government is made up of us, by us, and for us, then we need to hold that court accountable above all others. Are we really at the mercy of a court of dictators? That is in fact what the Supreme Court is. There should be no ruling office at any level that the American people have no say in who holds that office.

    • The supreme court is not the highest authority in the land. The branches are all equal. Unfortunately, the Supreme Court has been legislating from the bench according to which political party they belong to. As far as they are concerned, a giant ‘whatever’ about what is or what is not constitutional has become their policy.

    • One of the most important considerations when electing a president is to consider who or what kind of person they will put on the Supreme Court. Only the low info types never even think of this. But, they vote. Sad that America is going down the toilet in this fashion.

    • I believe that the Supreme Court did NOT rule Obamacare constitutional. It ruled the mandate was constitutional because it was a tax (even though the government had been yelling and yelling that it wasn’t a tax; oh, so it’s okay as a tax, then, okay, it’s a tax!). It left the door wide open for the States to attack Obamacare on its basis of forcing everybody to buy something and making it a law that everybody had to have insurance. Few of the states have walked in that open door, although there are a few cases out there waiting to be heard. As almost everbody has seen, I, too, am sure that Judge Roberts was threatened or bought off or in some way influenced to change his vote – but, again, the rule was not that Obamacare was constitutional, but that the mandate was. The States should have immediately picked up on that and headed to court en masse. And the threat is always to sic the IRS on somebody. One Congressman was asked why Congress wouldn’t stand up to the IRS, and his reply was because they are as scared of them as everybody else. Our own, homegrown KGB, right here in the good ole’ US of A.

  16. They had to rewrite Obamacare a couple of times for it to ABLE to be called constitutional. These people work for US, it’s the people white house, the peoples government, the people have made it clear they do not want Obamacare and they had no right to force us into it by LYING for 3 years. We know for a fact that they indeed did know that if we had known the truth it never would have happened. thats illegal….do something

    • The proposed convention of states is a very dangerous proposition. You may want it so that we can put forward our conservative views, but the progressives are just as anxious to get their views into the Constitution. No matter what anybody says, the conference could NOT be held to one subject, the representatives of the states could not be controlled, and Hawaii already passed by the Legislature but not the Senate their proposal to constitutional changes, including doing away with the 2nd Amendment. Anyway, if we could get the conservative view into the Constitution, it is already there and being ignored! Why do we think it would do any good to say it again? States standing up for their rights and nullification are the ways to thumb our noses at the would-be monarchist in the White House and his cronies in government. Unfortunately, our state Senate Leader Pro Tem is leading the movement for a Convention of States and will not even listen to nullification; he says it is not legal. I wonder who has him in their back pocket?

  17. I’m glad the states are at least trying to question this abuse of power. Its the first step and the proper “chain of command” if we’re to ever get it through this administrations’ heads that they do NOT have absolute authority to govern as they choose!

  18. Good news. The third branch of government needs to step in. Chief Justice Roberts, grab a pair this time and make the right call.

      • Well, he best remember that God has more on him than any individual here could. And if he doesn’t follow God’s laws, he will lose much more than integrity and honor in this life.

  19. Some may have read/learned…that when South Carolina seceded, they were citing nullification OF THE NORTHERN STATES in their lack of enforcement of the Fugitive Slave act. So, if we consult our history, we find MANY occasions where states get a nod to nullify while the Federal government looks the other way. I can see this current crisis devolving into a partial nullification and suddenly our corrupt AG jumps in for purely political reasons. However this works out,….it will NOT be good–and WILL impact the 2014 election.

    • The 2014 election will be stolen just like the last one was, because we know that there are more voters in the blue states than there were legally signed up voters. The people either voted more than once, or illegals were given the opportunity to vote. The point is, it can be proven if we do not allow anyone to vote without showing a Legal ID that proves you are a citizen. Without certifiable Identification, the election will be stolen.

      • Dorie,…we should be able to anticipate this. the AGs & Election board Supervisors should be ahead of the ball. Maybe security cameras, maybe just people near the polls with ICE jackets-walking around taking down license plates, maybe have all the registered voters lists updated to purge dead & out-of-state. More should also be done in regards to Military voters. THEY MUST be guaranteed their ballots delivered on time. Sadly, all of this requires effort–and the only ones who “play the game” are probably getting community-organizer$$ or union $$ to make sure the fix is in.

  20. What do I believe? I believe that secession is ultimately the best option. A breakaway state or group of them would have the right to set their own laws and determine the limits of each branch of government.

    • “and determine the limits of each branch of government.” Gee, isn’t that the way what we have is suppose to work?

    • I’d rather all the red states band together and kick the states that are in violation of the Constitution out of the Union! Keep the Constitution, but not them or the Congress!

      • That’s an alternative, but secession would afford the opportunity to review what worked and what didn’t work with the old Constitution, then improve on it. For example, more checks and balances on the judiciary, ending birthright citizenship and placing stricter limits on how public funds can be spent.

  21. If congress doesn’t impeach the traitor for treason, I believe it’s time for the red states to seriously consider secession. Let the liberals wallow in their own filth.

  22. what can the federal government due apart from civil war to stop states that refuse to cooperate! I welcome them to fire the first shot.

  23. We are not drinking the Kool-Aid. We aren’t touching Obamacare. We will continue to be self-insured, as we have been for over a decade, and pay as we go. We’ll pay the penalty and avoid the toxic poison that Obama wants us to consume.

  24. Whats good for the goose is good for the gander.If the Federal government can choose to look the other way when states like Colorado violate Federal law by selling marijuana, the states should have the same rights when it comes to Obamacare. The government was built with a system of check and balances that the democrats have all but destroyed in the last 5 years. The sad thing is they arent smart enough to see the danger of their own actions. This is eerily reminiscent of how Hitler came to power in pre-Nazi Germany.

    • Our black Hitler is already here. He has already nullified the opposition party, and when they finally get some balls, it will be too late for them and the country.

  25. Nobamacare is a disaster, no one wants it, have not from the get-go. It has been forced down our throats, with exemptions, carve-outs, all kinds of illegal nonsense. It needs to be repealed. Failing that, states need to nullify it YESTYERDAY, if not sooner!

  26. Indict Obama for all his crimes which there is enough evidence to prosecute and throw him out of office. What are you waiting for? Any other American citizen, (which Obama is not) would have been in prison long ago. Hang the SOB.

    • And repeal all of his executive orders. Stop NDAA and TPP. Shut down the Federal Reserve. Throw out all in crongress that have “served” more than two terms. Supreme Court needs an overhaul, as well.

  27. How much more evidence do we need? The guy is a flaming Marxist! His one sole mission is to gut America down to 3rd World status. He has no soul. He should be hung from an oak tree. He is an Enemy of the State.

  28. You are correct in what you say Col. That however, does not preclude the States from refusing to participate in the programs created by the Feds. There is no way the Feds could manage all the programs they’ve delegated to the States in this abomination of a “law”, making it unworkable. #Benghazi #PJNET

    God Bless America!

  29. Once South Carolina outlaws Obamacare in the S.C. legislature, do you think Obama will try to reinforce Fort Sumpter?

  30. I do not pretend to know what is in Obama’s mind. I do not know if he is evil and out to destroy America as we know it. But, all the evidence sure points that way.

  31. I do believe that the states A.G.are in the right with their actions.I hope it will do some good and let Obama know that he cannot rule all by himself.

  32. Article III does not give the Supreme Court the authority to interpret the Constitution, but laws created by Congress. The states have the right of nullification according to Jefferson and Madison, who both helped create the Constitution. If the Supreme Court had that power, then the branches eould not be equal, and the created would be greated than the creator.

    • I agree with you that the Supreme Court does not have the right to make law as they have been doing. Just like Obama does not have the right to make laws or change the ones already enacted. Even those enacted illegally. The Supreme Court, The Senate and the President all need to be scrutinized for impeachment.

      • I would go even further and say that EVERYONE from Obama all the way to the Supreme Court should be FORCIBLY removed, Prosecuted, sentenced punished and IN THAT ORDER!!

      • TRUE I would agree! however…..one problem with that! Our Constitution say’s we must try them with a jury of their peers, the evidence welllll I think we have all the evidence, then sentence and or punish!!!

  33. The Congress has the right to control the lower federal courts according to the Constitution, just not the Supreme Court. Nullification comes in many forms such as ignoring, making thongs legal the federal government says are illegal, not using state agencies to implement programs, and sheriffs’ departments to interdict between citizens and federal enforcers. South Carolina is preparing to allow anyone fined due to ACA, an exemption on state tax returns.

  34. Better than “fighting”, we should utilize Jesus’ methods for wining and achieving peace during that process. James wrote “Submit yourselves, then, to God. Resist the devil, and he will flee from you.” Our enemy is not the person we see putting us down. The true enemy is invisible. We must resist the true enemy’s tactics.

    Regarding the law, since when do we debate whether it should be enforced? If the law cannot be enforced, then we have to await a Conservative Congress to remedy that.

    When one “fights” (pardon the analogy to a physical fight) one feints, kicks, scratches, bites and hard hits where it hurts, as we would do in an emergency. We need to apply every form of pressure on the arrogant violations of the Congressional laws. Actually, our opposition does it already vice versa. It’s a fight for our republic. But the main problem is our opposition uses brain-washing so some on our side don’t fight at all, making them spectators.

    Certainly many people like to watch a fight. That’s how come we have boxing – an artificial type of “fight” (with gloves). Likewise, they just side by the sidelines and watch the political fight (it’s even on TV, first-row seating!)

    • God expects us to come to Him for our own family. However, He cannot heal this nation as long as there are half of the people who are confessed murderers. Half the country became murderers when they voted for the democratic party, which has as their platform the murder of innocents through abortion. God declares that if we support in any way the acts of our brethern that are sins, then we are as guilty as they are of those sins. And you cannot have forgiveness of murder until you die in the flesh and face your victims.
      He will help us when we actively try to change things ourselves. But we must make the effort, even if it means that we die in order to do what is right. You just have to decide if you want to live under the yoke of a democratic policies that will surely put you to death for your political beliefs as well as your religous ones.

  35. Dim wit author. The 10th amendment grants states the right to overturn federal law, especially when its on constitutional. It was the Senate passed Obamacare not Congress. Only Congress has the power to tax, not the Senate. On that alone Obamacare’s unconstitutional. I rest my case.

      • The House put forth legislation that was not Obamacare, and the Senate substituted the 2000+ page mess we call Obamacare, and passed it through fraudulent method. Any legislation that affects a large percentage of our economy has to be passed by a super-Majority. However, Reid changed the rules in the middle of the road after Massachusetts voted in Brown to turn the tide. So, technically, the law is illegal to begin with . It is illegal to change the law and not allow the House to vote on what changes were made. It is illegal what all democrats are doing, and they do not care that they are destroying any rule of law. A country without laws, that can be counted on is a country that is terminal.

      • Well what hope do we have when everyone that has the power to save America is not going to lift a finger…

    • And I think Justice John Roberts was hoping we would come up with this fact and blow Obamacare away. I am sure he was blackmailed by the Chicago Mobsters, for his illegal adoptions of his daughters. I am sure many turncoats were blackmailed. Instead of having the spine to stand up to the evil regime…they turned on We the People to save their own hides, or have had their families’ lives threatened.

      • The FBI under Eric Holder, keeps a file on the justices and all their emails/internet use. Blackmail threats are used by the Demon-crats. The IRS scandal is a great example.

  36. Nullification is absolutely the correct and rightful remedy for obamacare. First,let’s deal with this incredibly WRONG understanding of the “Supremacy Clause.”

    Professor Tom Woods puts this myth to rest–“State nullification is not a violation of the supremacy clause of the Constitution. That clause says that laws made by the United States “in pursuance” of the Constitution are the supreme law of the land which means that acts not in “pursuance” of the Constitution are not laws at all. But who is to decide whether an act is or is not in “pursuance” of the Constitution? Some would say the Supreme Court. The Court may, indeed, express an opinion, but it cannot have the final say. That can only be vested in the supreme authority that ratified the Constitution and gave it the force of law, namely the people of the several states.”–State Nullification and the Supremacy Clause http://tenthamendmentcenter.com/2013/03/11/state-nullification-and-the-supremacy-clause/#.UsiqL9JDuSo What SCOTUS has to say about nullification is irrelevant. I refer the writer to

    A Supreme Court Justice’s Affirmation of Nullification http://tenthamendmentcenter.com/2013/08/25/a-supreme-court-justices-affirmation-of-nullification/?doing_wp_cron=1388882764.9908630847930908203125#.UsirYNJDuSo

    Currently, nullification is alive and well in every state that has rejected REAL ID, has legalized medical marijuana or recreational marijuana. VA,CA and MI all have prohibitions against state officers assisting the federal government with the arrest and indefinite detention of US citizens under NDAA, an act that Mr. West twice voted for in the affirmative.

    It defies common sense to think that 13 sovereign states would throw off a centralized governing entity only to replace it with yet another all powerful central entity. Even a cursory reading of the Philadelphia debates and of course the debates in the several states show that the states remained jealous of their power and never intended to be reduced to supplicant status via federal courts or Congress. Mr. West can be almost forgiven for not grasping this idea given his voting record in Congress on civil liberties including NDAA,CISPA and HR347.

    Nullification is more than possible Mr. West.

    Thanks to the “Tenther Movement” begun by the Tenth Amendment Center, (www.tenthamendmentcenter.com) the nullification movement is growing and will not be reversed.

    You can get the TAC handbook on nullifying obamcare here in a free download http://www.scribd.com/doc/195653166/How-States-Can-Stop-Obamacare-Handbook-for-State-Legislators to begin working on nullifying Obamacare in your state. For more information on nullifying obamacare and other federal unconstitutional acts go to http://tracking.tenthamendmentcenter.com/?doing_wp_cron=1388880055.2859790325164794921875 .

    • AS I recall, it was against the law for a woman to vote prior to the 19th amendment. Wyoming gave women the right to vote before the 19th amendment was ratified by the other 48 States; thus going against barring women the right to vote.

  37. We need someone to push something through to block any provisions for an insurance bailout via the risk corridors that will bail out insurance the first 3 years of Obamacare. If you can do that the insurance companies will desert Obamacare.

  38. Totally against the law. Totally! What will happen? Well..Obama has his free standing civilian army! We have pistols, and shotguns, and rifles, and bows and arrows. They have armored vehicles, millions of copper jacketed bullets, the cops and military under their thumbs. The young law enforcement officers have been brainwashed, since elementary school, about the government, and not taught the Constitution, or the TRUE history of our nation.

    What will happen will be inevitable. Obama wants a civil war. He wants a crisis. He will not let it go to waste. He will call martial law, and remain the dictator in chief for as long as he desires! Narcissists do NOT give up their power and control!!! I consider narcissism of the devil. Everything a narcissist does is what the devil does.

    I was married to one…so I know!

  39. There is more to this than meets the eye. The power of the Supreme Court does not seem to so absolute or to have the final say on the matter. I found the following piece to be very helpful, especially when somebody throws Marbury v. Madison at me. “http://loc.gov/law/help/usconlaw/pdf/Extensions.fisher.pdf”

  40. An awful long article just to say the states can’t nullify federal laws… however, this is not true, as they have in the past… which is where the idea of nullification comes from… when the Federalists tried to pass the Alien and Sedition acts under John Adams, both James Madison and Thomas Jefferson wrote responses. These were known as the Kentucky and Virginia Resolutions. These responses explained that when the federal government passes an unfair law or usurps power which it does not rightfully posses according to the Constitution, the states have no obligation to follow those laws, and in fact have an obligation to disregard, or to “nullify it” as Jefferson put it, which is just what a number of states did….

    The recent statements of sheriffs departments across the country who said if the federal government tried to pass a law to disarm its citizens that they would not enforce it was again a statement of nullification….

    So, while I respect Allen West very highly, and wish he were still in Congress, his blunt statement that states do not have the right to nullify federal law may be true when the federal law is just and constitutional… however, according to the two individuals primarily responsible for the drafting of the Constitution (Madison being the “Father” of the Constitution, with Jefferson being his principle mentor) when the federal government passes laws that are unjust and unconstitutional, the states have the right to disobey, ignore, and declare those laws to be null and void…

    Google “Alien and Sedition Acts” as well as the “Kentucky and Virginia Resolutions” which were Madison and Jefferson’s response to those Acts and you’ll see what Allen West either overlooked or chose not to address in his article….

    • I do not agree with you …State

      Attorneys General Or any one for the Matter Can Bring up the legality of laws to the courts if they want to take the time to do so ,,And then the matter is heard Bythe court and a ruling is made .

      • If you believe this, Dave Vee, then the courts have free rein to decide whatever they want to decide, no matter what the Constitution says. Gmeades has it correct. Each branch of government was meant to have checks and balances, and without the ability of the states to say “no” to unconstitutional laws, the judicial branch would have no checks or balances against it. The would become THE reigning power of the country, when it is the States and the people who are to have the power. We CAN say no to unconstitutional laws, no matter what the courts decide. The Constitution says it, and Jefferson and Madison further explained it in their declarations – even stating that it was not only the opportunity but the duty of the states to nullify unconstitutional laws.

  41. Well This is a true blessing … Everyone wants Obama care gone ,….But know one has a plan if and when repealed ! .What will Happens= after the fact .How do we turn Back the hands of time ? And restore what we had ,Or replace it with what ?

    • How about things like open competition over state lines for insurance companies like the Repubs offered in the begnining? There WERE plans offered to BO in his first term before this monstrocity was “passed” , yet BO slammed the door and did everything in secret in order to get it “passed first before letting congress see what’s in it”.

    • There are a number of plans….. The Republicans legislators have at least 3 or 4, and Dr Ben Carson is developing an extensive alternative, with the input from up to 300,000 Americans, via an organization recently formed to do so. The MSM is NOT willing to discuss any of them.
      I suggest you do search for Dr Ben Carson’s website…., and/or Republican health plan proposals and I think you will be pleased with alternatives they’re ready to propose! Most of the proposals include concepts which directly address the main issues with healthcare/insurance out there which caused many of the “access to healthcare” issues which the socialists used to ram obamacare down our throats.
      These include greater competition (and lower cost) via across state competition, legal proposals to prevent preexisting conditions from impacting one’s ability to obtain insurance (healthcare), ways to address senseless medical lawsuits which increase the cost of insurance/healthcare, and healthcare accounts which could be provided to every American.
      Obamacare takes American healthcare from the best care (best health outcomes) in the world. This is a patient-focused program on outcomes from care provided (- Not on socialists ranting about poor access). In addition healthcare research was reduced by more than 10 years right up front under obamacare as it limits access to $$ to support it and taxes the research departments and any products they create.
      The plans being created remove government from the controls and put care back to that between a patient and a Doctor. It also eliminates the rationing built into obamacare.

  42. No matter at what level or stage of Obamacare is or was, whether before or after Obama started editing legislation and law from the White House, the Affordable Care Act is a direct violation of the 10th Amendment.

    AMENDMENT X
    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.

  43. States Have The Power To Render All Obama’s Federal Actions Unenforceable.

    States Don’t Have to Comply: The Anti-Commandeering Doctrine

    Laws passed in pursuance of the Constitution do stand as the supreme law of the land. But that doesn’t in any way imply the federal government lords over everything and everybody in America.

    First off, as James Madison asserted in Federalist 45, the powers of the federal government are “few and defined.” So federal power actually extends into only a few spheres. Most power and authority was left to the states and the people.

    Michigan Passes Law Nullifying NDAA Indefinite Detention

    The Collapse Of The Kissinger Rothschild 1971 NWO Petrodollar: Their End Game Plan Is Here!

    Crash The Crony Political Justice System: Jury’s Power Of Nullification Is The U.S. Republic’s Justice!

    Second, even within those areas that the federal government does exercise authority, it cannot force state or local governments to cooperate in enforcement or implementation. The feds must exercise their authority on their own, unless the state and local governments choose to assist.

    Simply put, the federal government cannot force state or local governments to act against their will.

    http://politicalvelcraft.org/2014/01/02/states-have-the-power-to-render-all-obamas-federal-actions-unenforceable/

  44. I just remember BO saying last year he wanted to “streamline” the other two branches to his executive. He is one hella commie rat! Chruschev would be proud.

  45. I remember a few years ago that someone that had read the entire ocare law made a comment that “nowhere…nowhere in the ocare law was there a statement that said: “”subject to change without notice and/or exec fiat!!!””
    So, to me if that clause is NOT in the original law designed and created in the “Senate” and signed behind closed doors and in dim light….ummmm wouldn’t this mean that any and ALL changes made to the law after the fact are null and void???? Why isn’t any single one of the legal beagals (i.e. A.G.’s, etc.) commenting on that??? amazing for sure.

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