Posts tagged Tenth Amendment
South Carolina is About to Pass a Bill to Nullify ObamaCare
While we all know that the disaster that is ObamaCare is extremely unpopular throughout the country, South Carolina is leading the charge to actually nullify the legislation. House Bill 3101 already passed the state House back in April by a wide margin, and is set to be voted on in the state Senate in January. It is widely expected to pass and then be signed into law by Governor Nikki Haley.
If that happens, it would set up a huge states rights victory and likely encourage other states to follow suit. It will be extremely interesting to see how the feds respond to this…
From the Daily Caller:
A bill set for fast-track passage in the South Carolina Senate in January aims to eliminate Obamacare in the state. The law could become a model for other states fed up with the federal health-care law.
House Bill 3101, titled the “South Carolina Freedom of Health Care Protection Act,” passed the state House of Representatives last April by a 65-34 vote. The bill now heads to the GOP-controlled Senate with special-order priority, setting up the likelihood that South Carolina will become the first state to exempt citizens and businesses from all participation in the Affordable Care Act.
The bill’s main component prohibits agencies, officers and employees of the state of South Carolina from implementing any provisions of the Affordable Care Act, leaving implementation of the national health-care law entirely in the hands of a federal government that lacks the resources or personnel to carry out the programs it mandates.
This provision, according to Davis, comes from the anti-commandeering doctrine established in case law that says feds can’t compel states to enforce federal laws.
Additional provisions of H3101 further neuter the Affordable Care Act by outlawing state exchanges, issuing tax deductions to individuals equal to the tax penalties levied by the federal government, and directing the state attorney general to sue over whimsical enforcement of the law. Taken together, the provisions effectively repeal the federal law for the people of South Carolina.
Given the sizable majority of Republicans in the South Carolina Senate — along with moderate Democrats who may support the bill out of fear of voter wrath — H3101 is likely to pass in short order and be signed into law by Gov. Nikki Haley, who has led the Palmetto State’s resistance against nationalized health care.
On the other side are opponents of H3101, whose main efforts consist of calling lawmakers racists and questioning the authority of states to oppose federal laws. Such attacks are likely to ring hollow in light of the dozens of state and local governments that have recently rejected federal marijuana laws, the Real ID Act, provisions of National Defense Authorization Act, federal gun control, and even U.S. immigration law. State and local governments governed from both sides of the political spectrum are increasingly flexing their Tenth Amendment muscles against perceived federal overreach.
Strong argument. Someone disagrees with you and all you can yell back is “racist!” Sad.
Full article here.
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Image added to original post.
The Next Florida Governor Adrian Wyllie?
Published by NextNewsNetwork
With the presidential elections now behind us, and all the excitement and hoop-la that comes with it, many Floridians are slowly turning their political minds toward the next big election that will have a direct impact on all of them — the 2014 gubernatorial elections. As of our count today there are 18 challengers to the incumbent Governor Rick Scott; 4 Republicans, 4 Democrats, 6 Independents, 2 Libertarians, 1 American Third Position, and 1 undeclared write-in.
With more and more voters disenchanted with the status quo and the continual ruination to our economy and what some see as the continual degradation of rights and expansion of the federal government — people are looking for a change. One such Libertarian candidate looking to bring exactly that for Florida — change, change to established values of freedom and liberty our great nation was founded upon. He was chairman of the Florida Libertarian party until earlier this year when he stepped down to run for Governor. He has been a host of a syndicated AM radio program that focuses on libertarian issues and is an investigative journalist and constitutional activist and our guest today — Adrian Wyllie.
Next News Network’s WHDT World News Program airs daily at 6pm and 11pm Eastern on Comcast, DirecTV and Over-the-Air and Online at http://usmediavault.com/WHDT.html
Alabama has become the first state to NULLIFY the United Nations Agenda 21, which was agreed upon by International Government in Rio in 1992 at the Earth Summit on Climate Change, to be imposed on sovereign nations, such as the United States of America.
Alabama SB 477, by Senator Dial, known as the “Due Process for Property Rights Act”, was approved by the Alabama Senate and House, along with achieving a resistant signature from Governor Robert Bentley [Source].
It was rumored that the Governor was nervous about signing the bill, due to his worry about losing Federal funding, as the State has grown dependent as government has grown.
“The moment that idea is admitted into society that property is not as sacred as the Laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence. Property must be sacred or liberty cannot exist” -John Adams
The UN Agenda 21 is a policy which aims to dictate environmental law by international government upon free peoples of sovereign governments. In actuality, the UN would act similar to the EPA-environmental protection agency-dictating regulations, which are really laws, collecting taxes and fees, prohibiting and preventing business, development and housing, raiding farms and kicking property owners out, and so on.
The UN would assume absolute control over all matters environmental within your life and the lives of others, from the cigarette you wanted to smoke, to the amount of air you take in and take out, to the amount of electricity you use in your home.
A large amount of patriots and liberty-minded organizations in Alabama and around the country opposed this UN plan enough, and nullifed it. And rightly so.
By Cassandra Anderson
Ron Paul’s Restore America Plan is a 12-page budget that cuts $1 trillion in spending the first year and balances the budget by the 3rd year. Paul proposes eliminating 5 federal executive agencies that include the following departments: Commerce, Education, Energy, Housing and Urban Development and the Interior. The video below explains why it would be a tremendous benefit to get rid of the Department of Interior.
The Department of the Interior has over 70,000 employees and receives more than $12 billion in taxpayer funds.
Federally Owned Land
The Department of the Interior (DOI) is unconstitutional because control over land, water, resources and wildlife are not mentioned as an enumerated power in Article 1, Section 8 of the Constitution. Additionally, the federal government’s ownership of nearly 30% of US land, primarily in the Western states, is an affront to the Equal Footing Doctrine.
When the federal government exerts power that is not specifically given to the feds in the Constitution, it is a violation of the Tenth Amendment and states’ rights.
The Department of the Interior (DOI) has closed enormous swaths of land to development, resulting in economic devastation because most wealth is created from land. Under Paul’s plan, the States would regain control over their land.
Here are a few examples of how the DOI has abused its power over federal land:
• President Bill Clinton declared Utah’s Grand Escalante Staircase a National Monument (under control of the DOI), limiting almost 2 million acres from economic development.
• Nevada is over 80% federally owned, so Yucca Mountain has been targeted by the feds as a nuclear dump site for our country’s 77,000 tons of radioactive waste because it is less trouble to cut through federal red tape on federal land.
The DOI’s sub-agency, the US Geological Survey, appears to have fudged data that favors dumping in Yucca Mountain.
By Kurt Nimmo
In a move completely ignored by the establishment media, the Virginia House of Delegates has voted in favor of House Bill 1160 (HB1160), legislation that codifies in Virginia law noncompliance with the “kidnapping provisions” of section 1021 and 1022 of the National Defense Authorization Act of 2012 (NDAA).
The final vote, held on February 14, was 96-4. The bill was sponsored by Delegate Bob Marshall and was introduced on January 16th of this year.
Virginia Governor Bob McDonnell is on record as opposing the legislation.
HB 1160 reads as follows: “A BILL to prevent any agency, political subdivision, employee, or member of the military of Virginia from assisting an agency of the armed forces of the United States in the conduct of the investigation, prosecution, or detention of a citizen in violation of the United States Constitution, the Constitution of Virginia, or any Virginia law or regulation.”
Passing the legislation demonstrates the power of local grassroots activism. A number of groups opposed to the federal NDAA bill petitioned the government in Virginia and motivated a Sub-Committee #2 Civil vote followed by a vote of 16-0 by the Courts of Justice Committee which led to the passage of Bob Marshall’s final bill earlier this week.
“Under the recently passed 2012 federal Defense Authorization Act American citizens may be indefinitely detained, incarcerated, not presented with charges and denied counsel based on an accusation by federal agents of collaboration with or support of terrorists,” Marshall told the Tenth Amendment Center. “While Virginia cannot directly undo this purported law which undermines the Sixth Amendment, I introduced HB 1160 which will prevent the use of any Virginia agency or member of the Virginia National Guard or Virginia Defense Force to assist in any way to unlawfully detain a citizen of Virginia on behalf of the United States Government in violation of the Constitution of Virginia.”
The Tenth Amendment Center is currently tracking the progress of legislation in opposition to the NDAA in other states.
The legislation “is inimical to the liberty, security and well-being of the people,” the Tenth Amendment Center states, “and was adopted by the United States Congress in violation of the limits of federal power in United States Constitution.”