Showing posts with label Nullification. Show all posts
Showing posts with label Nullification. Show all posts

Thursday, May 2, 2013

South Carolina House Passes Bill Criminalizing Enforcement of ObamaCare

weaselzippers:
South Carolina House Passes Bill Criminalizing Enforcement of ObamaCare




The countdown to Tingles declaring the state of South Carolina racist has begun.
Via Raw Story:
The South Carolina state House on Wednesday passed a so-called “nullification” bill that is declares President Barack Obama’s health care reform law to be “null and void,” and criminalizes it’s implementation. 
The South Carolina Freedom of Health Care Protection Act was passed by a state House vote of 65 to 39. The bill intends to “prohibit certain individuals from enforcing or attempting to enforce such unconstitutional laws; and to establish criminal penalties and civil liability for violating this article.” 
The measure would allow the state Attorney General “to restrain by temporary restraining order, temporary injunction, or permanent injunction” any person who is believed to be causing harm with the implementation of the the Patient Protection and Affordable Care Act. 
Any South Carolina taxpayer who is forced to pay a penalty due to the federal health care mandate would be able to deduct the full amount of the penalty from their state taxes.
Thank You Zip.

As an indication of just How heated opposition to this gargantuan pile of fraud called ObamaCare actually Is, contrast the SC House and Governor's pro nullification position with the Heritage Foundation's analysis of nullification.

Nullification Is Unconstitutional

So, is nullification of an Unconstitutional Law also Unconstitutional?

Interesting times are in the offing.

Thursday, June 7, 2012

Nullification Is Unconstitutional

The Heritage Foundation has;

Nullification Is Unconstitutional

Nullification Is Unconstitutional

  • The Nullification Temptation: In order to challenge the federal government’s unconstitutional actions, states are looking for options to reassert their legitimate role in the constitutional structure of federalism. Unfortunately, despite good intentions, some have been tempted to embrace nullification—the claim that an individual state legislature has the authority to veto federal laws.
  • Supreme Law of the Land: At the center of our system of government is the United States Constitution: All federal and state officers and judges are bound by oath to support it and the laws of the United States made in pursuance thereof. The Constitution is the supreme law of the land—not the Supreme Court, the federal government, or an individual state legislature, for that matter.
  • Nullification Is Unconstitutional: The constitutional case against Obamacare can be made in detail and in general. State legislatures can do many things to object to, challenge, and seek the repeal of such federal laws. But there is no clause or implied power in either the national or the various state constitutions that enables states to veto federal laws unilaterally.

The Founders Rejected Nullification

  • We The PeopleNullification Is Bad History: Advocates of nullification often point to Madison and Jefferson’s drafting of the Virginia and Kentucky Resolutions of 1798—which protested the constitutionality of the Alien and Sedition Acts—as proof that the Founders advocated nullification. This is incorrect and misleading.
  • James Madison: Madison’s Virginia Resolutions did not speak of nullification or voiding laws, asserting that the resolutions did not “annul the acts” but were only “a legislative declaration of opinion on a constitutional point.” During the Nullification Crisis of 1832, Madison strongly denied John C. Calhoun’s theory of state nullification.
  • Thomas Jefferson: While Jefferson referred to nullification in the draft of the first Kentucky Resolutions (by which he meant a natural right to revolution outside the constitutional structure), the final language excluded the term and called on other states to join "in requesting their repeal at the next session of Congress." The 1799 version affirmed that the resolutions did not supersede federal law but were rather a “solemn protest” against the objectionable legislation.

The Constitutional Path

  • Madison’s Alternative: In the Virginia Resolutions, Madison asserted the power of states “to interpose for arresting the progress of evil, and for maintaining within their respective limits, the authorities, rights, and liberties appertaining to them.” This meant various state actions designed to arouse public opposition, challenge federal actions, and ultimately change or stop the objectionable action. Recent state Health Care Freedom Acts, not to mention subsequent legal challenges and pending elections, are good examples of state action challenging Obamacare.
  • The Constitutional Way to Change Laws: Rejecting nullification as an option does not mean that the states or the people have no recourse. The Constitution itself lays out the best path to change unconstitutional laws: object to the law and change opinions (and political leadership) in the political process, defund and slow its implementation, change or repeal the law, challenge it in the courts, and, if necessary, amend the Constitution.

    And we've posted this WHY?
    (and those 3 laws don't even scratch the surface of what's wrong with psychiatry)
    No matter How many times Psychiatry gets called on its BS, its practitioners get arrested for its BS, and its owners, Big Pharma, get Billion Dollar slaps on the wrist for its BS, it just won't die because there's too much money being made selling drugs and that pestiferous bucket of Brain Washing called Therapy:


    San Francisco's DBT: COMMUNISM, SWALLOW IT!


    that the Sucker is supposed to become Addicted to for Life, ...... in order to bash, quash, erase, the Symptoms of someone Else's, Nullification of Unalienable RIGHTS, Opinion.


    This Frankenstein Should have died and been left dead, forever, in Berlin in 1945. 


    See also:


    Why Academia And Psych Keep Producing Incomprehensible Crap


    Is Freud Really Dead?


    Democracy Is NOT Freedom


    Cultural Marxism: The Doom Of Language

    And how about a peek at what Todays Germans think of National Socialism?