The Nullification of ObamaCare: The States Prepare to Defend Freedom


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Sometimes, I think most of us get caught up in the great struggle in DC, to the point ignoring other opportunities.  Health care reform seems to be a case in point.  Like so many blog sites, the CH 2.0 has published many posts regarding the health care debate.  All of them have been focused on the debate in DC, and the details of the bills.  But we missed something.

While being caught up in the DC lies and propaganda-fest, we missed something that had been mentioned here, but in a different context, namely, the 10th Amendment.  For an excellent article on the topic, please take a look at this from Canada Free Press on nullification.

Well, if you believe the only way to protect your rights is by begging federal politicians to do what you want, then these emails are certainly right. The vote went as expected, and so will the next.

So if you think marching on D.C. or calling your Representatives, or threating to “throw the bums out” in 2010 or 2012 or 20-whatever, is going to further the cause of the Constitution and your liberty—you might as well get your shackles on now. Your last chance has come and gone.

The real way to resist DC is not by begging politicians and judges in Washington to allow us to exercise our rights…it’s to exercise our rights whether they want to give us “permission” to or not.

Nullification—state-level resistance to unconstitutional federal laws—is the way forward.

When a state ‚Äònullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‚Äònon-effective,’ within the boundaries of that state; or, in other words, not a law as far as that state is concerned.

It’s peaceful, effective, and has a long history in the American tradition. It’s been invoked in support of free speech, in opposition to war and fugitive slave laws, and more. Read more on this history here.

Regarding nullification and health care, there’s already a growing movement right now. Led by Arizona, voters in a number of states may get a chance to approve State Constitutional Amendments in 2010 that would effectively ban national health care in their states. Our sources here at the Tenth Amendment Center indicate to us that we should expect to see 20-25 states consider such legislation in 2010.

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20 States resisting DC can do what calling, marching, yelling, faxing, and emailing has almost never done. Stop the feds dead in their tracks.

Better yet, in the last 2+ years more than 20 states have been able to effectively prevent the Real ID Act of 2005 from being implemented. How did they do that? They passed laws and resolutions refusing to comply with it. And today, it’s effectively null and void without ever being repealed by Congress or challenged in court.

While the Obama administration would like to revive it under a different name, the reality is still there—with massive state-level resistance, the federal government can be pushed back inside its constitutional box. Issue by issue, law by law, the best way to change the federal government is by resisting it on a state level.

That’s nullification at work.

Over the years, wise men and women warned us that the Constitution would never enforce itself. The time is long overdue for people to start recognizing this fact, and bring that enforcement closer to home.

The bottom line? If you want to make real change; if you want to really do something for liberty and for the Constitution…focus on local activism and your state governments.

Thomas Jefferson would be proud!

So, there appears to be some other tools we can use to fight this.  You may want to contact your state representatives to see if they will support such actions.

The author here seems to want the sole focus to be local rather than national.  However, I cannot agree that we should abandon the circus in DC.  We need to protest and “blitz” the Legislative and Executive branches with emails, letters, and calls.  We need them to know where we stand, and that their jobs are in jeopardy if they continue on the course towards slavery.

There does seem, by my estimation, to be some pitfalls to local resistance.  Most obviously, the Democrats will seek to punish any state that resists the health care plan.  Other funding will be threatened.  This is, however, only an issue in that the states have allowed themselves to become dependent on the Federal government.  While it’s too late to avoid this, it is a factor that should be recognized.   Also, the Democrats and their client groups will exert considerable pressure on the present state legislators and governors to change their minds.  The rent-a-mob will be employed, as will every trick in the playbook, including the race card.  State officials will do well to read up on their Alinsky.  There will be a great deal of effort and money spent to replace state officials that resist.  Not only in elections, but also in fake ethics complaints, time consuming lawsuits, and the like.  Ask Sarah Palin how that goes.  None of these, in and of themselves are a reason not to resist, but state officials will have to recognize that they will be marked by the left.  If they cannot find it, they will make it up.

  • The states are where the fight to stop ObamaCare is going to happen. There are even elected officials in Michigan are lining up to stop this insanity.

    • Good for them! And to do that in Michigan, given their track record, is exceptional.

  • Watch any resisting state to lose highway and Medicare funding, but, yes, this is the way to go (in addition to “throwing the bums out” in 2010 and 2012).

    • I think that there will be this type of action, lawsuits, demonstrations, and others to give this soon-to-be law the death by a thousand cuts.

      As for the loss of other funding, I think ACORN has shown us the path. After all, legislatively punishing someone with out a trial and conviction would be passing a “rule of attainder,” wouldn’t it? If it’s good enough for ACORN…

      • You raise a good point about ACORN. Given the recent history of their funding and how Congress got their wrists slapped by the courts, one would think it should be a relatively easy thing to fight the funding issue. However, I can’t help but wonder if that shoe will fit the other foot, if the issue comes up.

  • States have an uphill battle with nullification. That great southern statement, John C. Calhoun and those who followed that line would find out that the central government will, if necessary impose its will by force of arms when all else fail. I’m all for the 10th as it has been trampled time and time again just in recent years and would support any new nullification movement. The feds have over reached and it will be interesting to watch.

    • I agree Ron, though if the Federal Government would use force of arms to enforce ObamaCare, that would be the tipping point of which you have spoken. I think they would pull short of that. They aren’t ready to try anything offensive. Doing so would cause a cascade of impacts, with other states joining the fray. It would quickly move beyond their control.

  • Illinois is a lost cause, for obvious reasons. Obama and his henchmen are worse than the mafia. They will stop at nothing to get their way. I hope we can survive the coming years. BTW, I hope you and your family and friends and all readers of CH 2.0 have a wonderful 2010 and New Year, despite all the awfulness.

    • Thanks and same to you Bunni. I’m afraid my home state is a lost cause as well.

  • My state, New Hampshire, already had a bill proposed that would have reaffirmed states rights under the 10th amendment but it was voted down. This was after the stimulus bill but it was before this healthcare reform debate even started. Perhaps there will be more support for it now if it gets reintroduced.

  • Great article and glad to find your blog.