I am attaching some examples of states re-exerting state sovereignty for your consideration.The idea of nullification is not without precedent. There are currently 38 states now considering some form of nullification. Please check the link here to check the status of pending legislation in you state and encourage your state legislators to support these efforts.
LINK:
States' Rights Bills - List of the bills and their status
VICTORY - HB10 (Virginia Healthcare Freedom Act)
Delegate Bob Marshall's HB10 passed on the House floor Thursday with a bi-partisan vote of 72-26 and will now move to the Senate where it is expected to pass with bi-partisan support. Delegate Albert Pollard voted AGAINST the bill.
The Senate version of the Healthcare Freedom bill (SB417) was passed by the full House today with a vote of 66-29. We expect Governor McDonnell will sign the Virginia Healthcare Freedom Act into law the moment it crosses his desk.
We have effectively reaffirmed our position that it is "we the people" that set the course for this nation.
The Virginia 10th Amendment Revolution is victorious in winning back our state's rights !!
HB69 (Virginia Firearms Freedom Act)
This bill passed victoriously out of the Militia, Police and Public Safety Committee today with a bi-partisan vote of 17-2. It will now move to the House floor for a vote next week.
26. Jun, 2009Right on the heels of a successful state-by-state nullification of the 2005 Real ID act, the State of Arizona is out in the forefront of a growing resistance to proposed federal health care legislation.
This past Monday, the Arizona State Senate voted 18-11 to concur with the House and approve the Health Care Freedom Act (HCR2014). This will put a proposal on the 2010 ballot which would constitutionally override any law, rule or regulation that requires individuals or employers to participate in any particular health care system.
HCR2014, if approved by voters next year, also would prohibit any fine or penalty on anyone or any company for deciding to purchase health care directly. Doctors and health care providers would remain free to accept those funds and provide those services.
Finally, it would overrule anything that prohibits the sale of private health insurance in Arizona.
Five other states — Indiana, Minnesota, New Mexico, North Dakota and Wyoming — are considering similar initiatives for their 2010 ballots.
http://www.tenthamendmentcenter.com/2009/06/26/arizona-hcr2014-national-health-care-nullification/
It is imperative the Senate see grassroots support for the 10th Amendment if any legislation is to go forward this year. Please plan to come and show your support for SCR 1615. The hearing may take less than 60 minutes, but they may be the most important minutes of this session.
Click here to read Senate Concurrent Resolution No. 1615 http://www.pilchercook.com/TenthAmendment/2009_1615.pdf
Judge Napolitano on nullification:
YouTube - Thomas Woods : States Can Nullify Unconstitutional Federal Laws!
From Freedom Works
Nullification: The States Have a Nuclear Option, Too By josh.eboch on Sep 20, 2009
Remember Real ID? There's a good reason that even though Congress passed the law in 2005 it has not been implemented by most states. It's called nullification.
When they aren't begging for federal handouts, state governors and legislators have the ability to enforce the limitations on federal power enumerated by the Constitution. Unfortunately, they usually are begging for handouts and so lack the spine or the motivation to stand up to Washington.
That's where liberty activists and their pressure campaigns at the state level must come in.
From a recent article at the TenthAmendmentCenter.com:
If and when President Obama forces through his health care bill, it could trigger a backlash already simmering at the state level that neither he nor his colleagues in Congress seem to have seriously contemplated: A popular push for state level nullification.
...
Already, state legislators from Arizona to Florida to Georgia have proposed measures to nullify unconstitutional aspects of any federal health care law. Which, in all likelihood, would mean pretty much the entirety of H.R. 3200. But even more intriguing is the precedent a nullification fight would set and the confidence it would build for those in the liberty movement.
For years Americans have watched helplessly while the Supreme Court sat as binding arbiter in constitutional disagreements, essentially permitting the federal government to dictate the limits of its own power. And, predictably, the limits on that power have been few.
But once citizens understand that they can circumvent a power-hungry Congress and its enablers on the court by demanding their state governments step up and nullify unconstitutional laws, entrenched abuses of every sort could come crashing down.
Of course, even though activists on the left supported nullification for Real ID and also for medical marijuana, those calling for state sovereignty with regard to health care will have to deal with the standard cries of racism and references to the Jim Crow South. But just because nullification was used in the past to deny rights to certain groups doesn't mean it can't be used to regain our rights today.
In the end, "for desperate people whose freedoms are being systematically usurped by all three federal branches and both political parties, nullification may be the key to restoring our republic."
http://www.freedomworks.org/blog/josheboch/nullification-the-states-have-a-nuclear-option-too
Real ID Nullification Legislation
Led by Maine in early 2007, 25 states over the past 2 years have passed resolutions and binding laws denouncing and refusing to implement the Bush-era law over which many expressed concerned about privacy, funding and more. While the law is still on the books in D.C., its implementation has been “delayed” numerous times in response to this massive state resistance, and in practice, is virtually null and void.
(legislation source, RealNightmare.org)
Oklahoma and Texas may be the places to live.
OKLAHOMA MAY JUST BE THE PLACE TO LIVE ! ! !
An update from Oklahoma :
Recently in Oklahoma a state law passed, 37 to 9, an amendment to place the TEN COMMANDMENTS on the front entrance to the State Capital. The feds in D.C., along with the ACLU, said it would be a mistake. Hey this is a conservative state,based on Christian values...!
Guess what.......... Oklahoma did it anyway!!!
Oklahoma recently passed a law in the state to INCARCERATE ALL ILLEGAL IMMIGRANTS AND SHIP THEM BACK TO WHERE THEY CAME FROM, unless they get a green card and become an American Citizen. They all scattered. This was against the advice of the Federal Government and the ACLU, they said it would be a mistake.
Guess what.......... Oklahoma did it anyway!!!
Recently Oklahoma passed a law to include DNA samples from any and all illegal immigrants to the Oklahoma database, for criminal investigative purposes. Pelosi said it was unconstitutional.
Guess what........ Oklahoma did it anyway!!!
Several weeks ago, Oklahoma passed a law,declaring Oklahoma as a Sovereign state, not under the Federal Government directives. That, for your information, makes Oklahoma and Texas the only states to do so. Guess what……More states are likely to follow. Louisiana, Alabama,Georgia, both Carolina ’s, Tennessee, Kentucky, Missouri, Arkansas, and West Virginia, just to name a few. Should Mississippi act so will Florida. Save your confederate money, it appears the South is about to rise up once again.
The federal Government has made bold steps to take away our guns. Oklahoma, a week ago, passed a law confirming people in this state have the right to bear arms and transport them in their vehicles. I'm sure that was a set back for the Kennedys and Ms Pelosi and especially the criminals. Our Government didn't like it.
Guess what........ Oklahoma did it anyway!!!
By the way, Obama and Our Government does not like any of this.
Guess what....who cares... Oklahoma is doing it anyway!!!
http://www.snopes.com/inboxer/pending/oklahoma.asp
States move to nullify federal health care Posted by Roger & Karen Bryant on August 15, 2009 at 2:48pm in Constitutional Issues
States move to nullify federal health care
Activists and state legislators are now focusing their efforts on state governments as a way to resist federal health care "reform" and stop federal usurpation of state rights, according to the Tenth Amendment Center. Lawmakers in as many as 10 states are considering or seeking to propose bills and resolutions to nullify federal health care in their states.
The Tenth Amendment Center explains nullification:
When a state "nullifies" a federal law, it is proclaiming that the law in question is void and inoperative, or "non-effective," within the boundaries of that state; or, in other words, not a law as far as the state is concerned.
"Nullification goes all the way back to fighting for free speech in 1798 when the federal government passed the Alien and Sedition Acts," Boldin said. "Thomas Jefferson and James Madison wrote the Kentucky and Virginia Resolutions saying, you can't do this; we're not going to abide by this in our states. Jefferson specifically said the people in our country are not united on the principle of unlimited submission to their general government. The same holds true today. We're not subjects."
Recently, the issue of nullification re-emerged when nearly two dozen states mounted a resistance to the 2005 Real ID Act. Maine and Utah led the way by passing resolutions to refuse incorporation of federal security features into state driver's licenses and identification cards. After fierce state resistance to its plans, the federal government delayed implementation twice and later announced it would "repeal and replace" the controversial law.
"The federal government wasn't able to do anything," Boldin said. "It wasn't able to threaten – nothing. It had to back off, and now it's getting rid of it."
Now states have turned their attention toward nullification of federal health care "reform" should it pass Congress this year
.
On July 27, Florida State Sen. Carey Baker and State Rep. Scott Plakon filed H.J.R. 37, a proposed state constitutional amendment that would prevent Florida citizens from being affected by federal health "reform." The proposed amendment prohibits "laws or rules from compelling any person, or health care provider to participate in any health care system" and permits "a health care provider to accept direct payment from a person or employer for lawful health care services."
It also exempts "persons, employers, and health care providers from penalties and fines for paying or accepting direct payment for lawful health care services" and permits the "purchase or sale of health insurance in private health care systems. …"If approved by the state legislature, Florida residents may vote on the amendment in 2010.
Likewise, the state of Arizona has joined the growing resistance to federal health "reform."
On June 22, the Arizona state Senate voted 18-11 to concur with the House and approve H.C.R. 2014, known as the Health Care Freedom Act. Arizona residents will vote on the amendment sponsored by Arizona Rep. Nancy Barto in 2010.
This week, Louisiana state Rep. Kirk Talbot announced he will propose a constitutional amendment to shield state residents from federal health "reform."
Louisiana's health chief, Alan Levine, told The Advocate that the legal debate should get interesting.
"The 10th amendment to the Constitution ensures states have the right to conduct their affairs except for those things specifically ascribed to the federal government," he said. "Health care is not one of those things the federal government has the 'right' to impose on states."
Boldin confirmed that The Tenth Amendment Center has been in contact with sources in seven other states that have indicated their legislatures will see similar health care nullifications as early as 2010.
In a July interview with the Mark Davis Show, Texas Gov. Rick Perry indicated that his state may join the showdown with the White House over federal health care.
"I think you'll hear states and governors standing up and saying 'no' to this type of encroachment on the states with their health care," Perry said. "My hope is that we never have to have that stand-up. But I'm certainly willing and ready for the fight if this administration continues to try to force their very expansive government philosophy down our collective throats.
"Boldin said he expects the movement to grow as people realize they can take their concerns to their own state governments "Once the ball gets rolling, I think people will recognize that you can bang your head on the federal doorstep year in and year out and fail because they don't listen to us in D.C.," he said.
"This is what Jefferson, Madison and most of the founders recommended – this idea that there's a balance of government. When the federal government gets out of control, you have to look to your state governments to protect you against it.
"He referenced the recent surge in protests at health care town hall meetings across the nation.
"If these were all focused on state governments, we would probably see 10 or 20 nullification bills in states already," he said. "And the health care program would be dead in the water.
"Ultimately, Boldin said, it's not up to the federal government to provide health care for the nation.
"This is an issue that the federal government shouldn't be touching at all."
Urge your State Reps to pass this amendment to their State constitution. --- Roger
http://www.resistnet.com/forum/topics/states-move-to-nullify-federal
Nullification Revisited
29. April, 2009
by Robert Hawes
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” – James Madison, Federalist 45
Recent debates over sweeping new federal laws have re-ignited old quarrels concerning the proper constitutional role of the federal government and the rights and reserved powers of the states. As a case-in-point, on February 1, 2007, the Montana State House of Representatives unanimously passed two bills condemning the federal REAL ID Act as an improper use of federal legislative power. Both bills were designed to exempt Montana from the Act; however, the bill introduced by Representative Diane Rice of Harrison, Montana, went a step further, stipulating that, “the legislature of the state of Montana hereby nullifies the REAL ID Act of 2005, as it would apply in this state”
http://www.tenthamendmentcenter.com/2009/04/29/nullification-revisited/
Anyone who has had the privilege to listen to a lecture from Tom Woods or read Judge Andrew Napolitano knows this is big news. Nullification is one the best weapons in our constitutional arsenal to check the power of the federal government back to its proper levels; although nullification is relatively unknown. Nullification declares a federal law the state feels is unconstitutional invalid within the state passing the nullification law. It goes beyond the language of state sovereignty acts and takes action.
There is speculation that the Supreme Court would take up the eminent case between the federal government and Montana should an emerging consensus arise with several states adopting similar laws, and overturn the expansion of the Interstate Commerce clause, and in doing so severely tie the hands of congress and the executive branch. The federal government currently uses an expanded and unconstitutional interpretation of the interstate commerce clause to interfere in affairs constitutionally left to the states ranging from guns to what a farmer can grow on his farm for personal consumption. Those looking for more information on nullification should check out the Virginia and Kentucky Resolutions of 1798 penned by Jefferson and Madison respectively or check out this Tom Woods video.
Montana's nullification action is with regard to gun laws. Montana has declared that federal gun laws are invalid in the state of Montana on guns made in the state of Montana, used exclusively in the state of Montana, and never transported across state lines. This particular law applies to ammunition and gun accessories as well. This is now a law in Montana. It has been passed and signed by the governor. Similar laws are being formed in Utah, Tennessee, and Texas. Imagine the impact Campaign for Liberty could have in getting similar legislation passed with local efforts within our states.
The law, included below, says in simple terms the following.
Section 1: Gives a name to the bill
Section 2: States why the state of Montana can nullify a federal law, including references to the 2nd, 9th, & 10th amendments to the US Constitution
Section 3: Sets up definitions for terms used in the bill
Section 4: Nullifies federal gun laws relating to arms built, used, and kept within the state of Montana
Section 5: Sets exceptions to what is nullified
Section 6: Brands Montana firearms
Section 7: Lists where the law goes in the Montana Code
Section 8: Sets application date to October 1, 2009
http://www.campaignforliberty.com/blog.php?view=17935
Medina calls for Nullification of HR 3962
November 15, 2009 by admin
Filed under Featured
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FOR IMMEDIATE RELEASE
Media contact:
Nelda Carrizales Skevington
nelda@medinafortexas.com/210-416-0418
Debra Medina, a registered nurse and candidate for governor, is taking the lead in defending Texas against the nationalization of healthcare. “This bill devastates freedom and destroys healthcare. Texas must nullify the action by congress and fight for an injunction in the federal courts. I am urging Governor Perry today to call the Texas Legislature into special session. I am encouraging Attorney General Abbot to begin the work necessary to obtain an injunction against the IRS and the 111 other federal agencies empowered in this legislation to further embed Washington D.C. in our lives. These actions are critical to insuring that Texans are free to make our own decisions about healthcare” stated Medina.
As the U.S. Senate takes up HR 3962, the “Affordable Health Care for America Act,” Texans must mobilize now as never before! We must not wait, there can be no delay. We must prepare for the eventuality that the U. S. Senate will pass this bill and be ready to immediately defend the sovereignty of the great state of Texas.
The Texas Legislature must act. Please call your state representative and state senator today. Find your district and their number here: http://www.fyi.legis.state.tx.us/. Ask them to demand that the governor call a special session to address the nationalization of healthcare; to nullify those actions by Congress that undermine the sovereignty of Texas.
With action by our legislature, Texas can solidify arguments for sovereignty in healthcare and against the bill on the grounds that it is unconstitutional. The federal government has no constitutional authority in healthcare. Texas will care for Texans.
Judge Andrew Napolitano said this weekend, “When Congress takes away our freedoms, they will be gone forever. What will you do to prevent this from happening?”
“Please call your state representative and your state senator today. Please join with TEA Parties, 912 Groups and other freedom minded organizations in your area to hold rallies here in Texas to alert all Texans to the need for a special session,” Medina urged. Together We Texans must exhibit the courage necessary to lead the country. We must staunchly defend our sovereignty; we must fight to insure that Texans remain free to make our own decisions about healthcare without mandates from Washington D.C.
Now it’s healthcare reform. Jim DeMint and Michelle Bachmann are now saying that the Tea Party states – where folks are showing up with guns and shouting down folks and the rest – should band together to block enforcement or implementation of healthcare reform if the federal government passes any such thing in whole or in part:
A caller asked DeMint what the states could do in order to stop unconstitutional action by the federal government on health care. DeMint replied, “I think the key to pushing back against the federal government is some governors and state legislators who champion individual freedom.”
DeMint said he would love to see states go to court to invoke the Tenth Amendment – “If we had some states come together and say the only way to save this country is to push back.” He also added: “I think you’ll see some states say no more, we’re not going down with the federal government.”
A few minutes later, Bachmann commented on this possibility as well, noting that the efforts of some Republican governors to reject stimulus money failed in large part because they were too isolated from one another. A collective action, on the other hand, would stand a much greater chance of success.
“We’d have to see some fairly revolutionary action taken by these states, and it’s a question of whether these governors would do that,” said Bachmann. She added that she doesn’t want to see it actually come to that – the key is for conservatives to organize now and stop a government takeover of health care from occurring in the first place.
You remember the Tenth Amendment – “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.”
That’s it – all of it.
July 31, 2009
Earlier this week, Florida State Senator Carey Baker (R) and State Representative Scott Plakon (R) introduced a state Constitutional amendment that, if adopted, would prevent Floridians from enrolling in any federal health care legislation. [...]
"We believe this unprecedented power-grab by President Obama and Congress is clearly not in the best interests of the citizens of Florida," Baker and Plakon said in a joint statement. Baker, who is a Republican candidate for Commissioner of Agriculture and Consumer Services, participated in the right-wing tea parties on July 4. Both he and Plakon are sponsors of a "sovereignty" memorial, a measure meant to serve "as a notice and a demand to the Federal Government ... to cease and desist, effective immediately, from issuing mandates that are beyond the scope of [their] constitutionally delegated powers."
Their amendment to ban health care would need approval by a three-fifths vote in both the House and Senate. If passed by the legislature, Florida voters would vote on the constitutional amendment on Election Day 2010.
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