Joe Wolverton, II
The New American
November 4, 2012
On June 28, 2012, the Supreme Court in a 5-4 decision upheld ObamaCare — the joint venture of the President and Congress to force every American, regardless of ability or desire, to purchase a qualifying health care insurance plan by 2014 or face a tax penalty for failure to comply.
Fortunately, there remain yet a few state legislators willing to stand up to this tyranny and exercise the states’ constitutional obligation to check the power of the federal government.
The Tenth Amendment Center is reporting that Maine State Representative Aaron Libby (R-North Waterboro, above, left) “will sponsor a bill in the 2013 legislative session declaring the [ObamaCare] unconstitutional and void in the Pine Tree State. If passed, the bill would set the stage for blocking implementation of the mandatory federal health care system in Maine….”
Notably, Libby also sponsored a resolution calling on the president and Congress to clarify provisions of the National Defense Authorization Act (NDAA) infringing on the constitutional requirement of due process.
Maine citizen and Tenth Amendment state chapter coordinator, Chris Dixon is quoted on in the Tenth Amendment Center story explaining the philosophy behind Libby’s laudable legislative effort:
“Obamacare is an unconstitutional encroachment on the rights of the people of the states. While healthcare legislation may be well-intentioned, the feds are hardly effective managers of services. This is why the framers of the Constitution did not enumerate this kind of power to them. Maine understands this and is not afraid to stand up for what is right. We did it leading opposition to Bush’s REAL ID Act….”
The story lists New Jersey and Oklahoma as two states where similar sovereignty-protecting bills will be proposed in the next legislative session.
In New Jersey, Assemblywoman Alison McHose (R-Morris, Sussex, and Warren, above, center) will re-introduce her bill to nullify ObamaCare in the Garden State.
Her bill, A 861, declares that Obamacare is “null and void and of no force and effect in the State of New Jersey.” McHose’s measure basis this declaration on the following sound constitutional principles:
The people of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes, and nothing more;
Amendment X to the United States Constitution defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves;
The assumption of power that the federal government has made by enacting the “Patient Protection and Affordable Care Act” interferes with the right of the people of the State of New Jersey to regulate health care as they see fit, and makes a mockery of James Madison’s assurance in Number 45 of the Federalist Papers that the “powers delegated” to the federal government are “few and defined,” while those of the states are “numerous and indefinite”; and
The federal act is not authorized by the Constitution of the United States and violates its true meaning and intent as given by its founders and ratifiers, and is hereby declared to be invalid in this State….
“Americans were always misguided to trust the good intentions of the unelected Court — the Court being the fail-safe of the establishment,” McHose is quoted as saying in the Tenth Amendment Center report.