States Launching 'Civil Disobedience' to National Health Care
Lawmakers opposed to President Barack Obama's plan for national health care reform are hoping to spur a nationwide "civil disobedience" that can derail Obamacare.
State Rep. Brian Calley, R-Portland; State Rep. Justin Amash, R-Kentwood; and State Sen. Wayne Kuipers, R-Holland, have each introduced similar constitutional amendments that seek to trump the national health care bills.
For example, Sen. Kuipers' bill would prohibit a federal law from compelling any person, employer or health care provider to participate in any health care system. It also prevents anyone from being penalized for ignoring the federal law.
"Where this is going, I don't know," Kuipers said this week. "You don't know until the states try to do it."
According to a 10th Amendment think tank, 26 states have attempted their own versions of Kuipers' bill. Arizona has had its version passed by both houses of Congress, and it will be voted on by residents in November. Virginia also had both houses of Congress pass a similar bill, and it is awaiting the governor's signature.
Constitutional law experts say state law does not take precedence over federal law.
"This would violate the U.S. Constitution if challenged," Frank Ravitch, a professor of law at Michigan State University College of Law, wrote in an e-mail.
Kermit Roosevelt, a professor at the University of Penn Law School, wrote in an e-mail that the Supremacy Clause in Article VI of the Constitution gives federal law power over state law.
"States cannot say no to a federal mandate," Roosevelt wrote. "Any state law or constitutional provision that conflicts with a federal law is void."
Michael Boldin, founder of the 10th Amendment Center — a public policy think tank in Los Angeles — said there are cases where state resistance has stymied federal law.
The REAL ID Act of 2005 is a U.S. federal law that was to impose new security standards for a state's driver's licenses. Many states opposed it with their own state laws, and the act has not been implemented, Boldin said.
"Basically a bunch of people all across the country are saying, 'No. We aren't going to go along with it,' and getting state government to back them," Boldin said. "They (federal government) didn't threaten to take away funding. They didn't send in armed guards. They just repeatedly delayed implementation. In fact, it (REAL ID) is null and void.
"The real success in these actions is 'we the people' saying we are in charge and the federal government is not going to force things down our throat."
Boldin said medical marijuana could also be a route that the states go in their battle against Obama's health care plan.
In California and Michigan, the state law is in conflict with the national law on marijuana. In both states, the federal government can prosecute for medicinal marijuana use even though the state allows it.
"You can have a situation where federal law prohibits something that states permit," Roosevelt said. "That means that the state won't arrest or prosecute you for it, but the federal government still might. State law can't protect you from federal law. But enforcement of marijuana laws is a low priority for the federal government, so effectively you might be safe — I think the Obama administration actually had a policy statement about how they weren't going to devote resources to this in California."
Boldin said that is why it is important for as many states as possible to join the other states if they want to make Obamacare realistically unenforceable.
rogers13
The 10th Amendment to the Constitution of the United States of America states; "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." Nowhere in the Constitution does the federal government find the authority to dictate to the People the nature, care, future or quality of their individual lives.
The scope of the so-called healthcare bill exceeds, by grand proportions, the subject of healthcare. If passed, the so-called healthcare bill proposes to invade nearly every aspect of individual life. The bill places very few limits on the federal government's control of each of our lives and futures.
The "stimulus" bill, passed in Feb. 2009, already requires that every doctor in the United States transmit all medical data for every patient to the Department of Health & Human Services. Doctors have four years to be electronically connected with the Department. Severe penalties include fines and loss of license.
Just how far toward actual statism are we willing to allow our federal and state governments to take us? Lansing should make every effort to cooperate with other states to protect Michigan and its citizens from federal encroachment on the rights to life, liberty and the pursuit of happiness. Individual autonomy is at the very heart of everything intended by the Declaration, the Constitution and the Bill of Rights. Any federal mandate for healthcare, no matter the nature of the legislation, is an ultimate denial of individual liberty....no matter how you wish to look at it.
rogers13
The 10th Amendment to the Constitution of the United States of America states; "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." Nowhere in the Constitution does the federal government find the authority to dictate to the People the nature, care, future or quality of their individual lives.
The scope of the so-called healthcare bill exceeds, by grand proportions, the subject of healthcare. If passed, the so-called healthcare bill proposes to invade nearly every aspect of individual life. The bill places very few limits on the federal government's control of each of our lives and futures.
The "stimulus" bill, passed in Feb. 2009, already requires that every doctor in the United States transmit all medical data for every patient to the Department of Health & Human Services. Doctors have four years to be electronically connected with the Department. Severe penalties include fines and loss of license.
Just how far toward actual statism are we willing to allow our federal and state governments to take us? Lansing should make every effort to cooperate with other states to protect Michigan and its citizens from federal encroachment on the rights to life, liberty and the pursuit of happiness. Individual autonomy is at the very heart of everything intended by the Declaration, the Constitution and the Bill of Rights. Any federal mandate for healthcare, no matter the nature of the legislation, is an ultimate denial of individual liberty....no matter how you wish to look at it.
rogers13
The 10th Amendment to the Constitution of the United States of America states; "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." Nowhere in the Constitution does the federal government find the authority to dictate to the People the nature, care, future or quality of their individual lives.
The scope of the so-called healthcare bill exceeds, by grand proportions, the subject of healthcare. If passed, the so-called healthcare bill proposes to invade nearly every aspect of individual life. The bill places very few limits on the federal government's control of each of our lives and futures.
The "stimulus" bill, passed in Feb. 2009, already requires that every doctor in the United States transmit all medical data for every patient to the Department of Health & Human Services. Doctors have four years to be electronically connected with the Department. Severe penalties include fines and loss of license.
Just how far toward actual statism are we willing to allow our federal and state governments to take us? Lansing should make every effort to cooperate with other states to protect Michigan and its citizens from federal encroachment on the rights to life, liberty and the pursuit of happiness. Individual autonomy is at the very heart of everything intended by the Declaration, the Constitution and the Bill of Rights. Any federal mandate for healthcare, no matter the nature of the legislation, is an ultimate denial of individual liberty....no matter how you wish to look at it.
Excellent positive step for Michigan to stand up against tyranny, without
Excellent positive step for Michigan to stand up against tyranny without bloodshed. Keep it up!!!
Tim Reeves
the argument that the federal govt trumps the state govt in all cases is specious, and usually false. The constitution says all laws in pursuance of the constitution are the supreme law of the land, it follows that laws outside the federal govt.s enumerated authority are not supreme at all, and probably are illegal to pass in the first place. You can't violate the constitution, and then claim the constitution gives you authority it clearly doesn't. The 10th amendment gives all powers not listed in article1 section8 to the state governments. My copy of the constitution does not have a authority to legislate, or regulate on the issue of healthcare, or medicine. I also don't read a magical authority over every issue in our lives. Read the whole supremacy clause before you spout how it gives unlimited authority to the federal govt.
No Forced Health Care
With the way this Health Care bill is written, I have to wonder if their are any intelligent people left in Washington DC. Just how is a unemployed person going to pay for his insurance premium? Michigan State leads the nation with the highest unemployment rate. This Health Care bill will place a fine on any person seeking medical care who does not have medical insurance. Great, they found another way to stick it to the poor man or woman. As if having to pay off a medical bill is not enough, they want to tack on a $1,000.00 fine on top of that. I am still making payments for an operation I had back in 1999. I don't know about the rest of you, but I am sick and tired of the Federal Government sticking its nose into the privet sector. I thought we lived in a Republic Nation, not a Democratic Nation, and I am not talking about Political Parties. Washington DC has gone to far and WE THE PEOPLE are not going to take it any more.
What constitutional lawyers are you talking to? Which constitution?
The federal constitution states that the rights of the people are maintained with the states where they reside. The only reason we have laws today that trump state laws is due to a dumbed down legislature who have refused to stand up against the federal government. To think the fed trumps states is to completely misunderstand the agreement between the states and the feds.
The only encroachment that the feds have to usurp state's rights is when they twist the interstate commerce clause to claim that the rights or protections of one affects across states lines. The only other time they have overstretched their power was in the abortion issue and that only holds up to 'protect' the woman over her rights of her body. That law is invalidated when the true scientific evidence of a heart beat and brain waves(the evidence of life when murder is considered), individual DNA and fingerprints, that the child in the womb is an independent life and should have their right to life protected.
With that evidence aside and looking at the law as it stands now, if a woman has a right to her body in abortion and the law cannot invade or remove that 'right' than the same right to that protection MUST also protect us from the government dictating our health care. They can't have both laws where one gives power over ones own body and the other one where our control is taken away.
Without State sovereignty, we are not the UNITED States but the Socialists Union with one single government and state government’s are invalidated.