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Party-line vote in Idaho for ‘nullification’ bill
The Spokesman-Review ^ | January 26, 2011 | Betsy Z. Russell

Posted on 01/26/2011 10:13:47 AM PST by Idabilly

BOISE - On a straight party-line vote, with all 15 Republicans on the committee voting in favor and all four Democrats voting against, the House State Affairs Committee voted this morning to introduce legislation seeking to “nullify” the federal health care reform bill.

Rep. Vito Barbieri, R-Dalton Gardens, told the panel, “The federal health care laws recently passed by the U.S. Congress have invaded the traditional sovereign powers of the state. This bill declares that this intrusion by the federal government is … null and void.”

Committee members had lots of questions for Barbieri. “Are you … aware that no court in the history of the United States has ever upheld a state effort to nullify a federal law?” Rep. Elfreda Higgins, D-Garden City, asked Barbieri. He responded, “I do believe no federal court has done that. The difficulty is that the federal courts are an arm of the federal government, so it would be very difficult to imagine an arm of the federal government ruling against itself.”

(Excerpt) Read more at spokesman.com ...


TOPICS: News/Current Events; US: Idaho
KEYWORDS: 10thamendment; federalism; obamacare; socializedmedicine; statesrights
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To: NTHockey

lol. Appomattox. I would have more sympathy for the Southern cause if their Constitution weren’t such a pathetic copy of the US Constitution. WHat is the point of revolution if you’re going to make all the same mistakes? It’s absurd. The Confederate Constitution didn’t even create a confederacy! It was a consolidated republic with all the same fatal flaws as ours. Ridiculous.


21 posted on 01/26/2011 11:43:38 AM PST by Huck (The antifederalists were right.)
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To: Defend Liberty
You better tell that to the 27 states since none of them know something you know. They may know what I know. But they stand to benefit from the dog and pony show, whereas I don't.

The 10th Amendment delegates any powers to the states not delegated to the United States and not prohibited to by it to the states.

No, it reserves those powers. It delegates nothing.

So then the quesion becomes, what powers are those that are not delegated to the US, nor prohibited to the states, and second, under the Constitution, who decides such questions?

The answer, of course, is that the federal judiciary decides what powers are or are not delegated to the US. The states don't get to decide. You can't have some states deciding one way, and other states another way. That's not how the Constitution lays it out.

Regulating health care is not an enumerated power in Article 1 Section 8

You've never heard of implied powers? You should read up on it and disabuse yourself of this fantasy that the Constitution delegates expressed powers only. Would that it were so!

22 posted on 01/26/2011 11:49:18 AM PST by Huck (The antifederalists were right.)
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To: Huck
What a dumb waste of time. Nullification? What’s next? Secession?

It's pretty damned smart, actually. You are just willing to roll over for hefty doses of Socialism or something?

23 posted on 01/26/2011 11:51:51 AM PST by Lazamataz (If Illegal Aliens are Undocumented Workers, then Thieves are Undocumented Shoppers.)
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To: Huck

Fatal flaws? Other than the failure of dishonest people to abide by their oaths, what exactly is fatally flawed about the Constitution? You do realize that there is a perfectly good manner to change any section; it’s called amending the Constitution.

However, no matter if evil people cannot and will not abide by the Constitution.


24 posted on 01/26/2011 11:53:03 AM PST by NTHockey (Rules of engagement #1: Take no prisoners)
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To: Lazamataz
It's a waste of time, and taxpayer money. It's a dog and pony show for the rubes. It's illegitimate. OBAMACARE will go to the SCOTUS, and the supreme law of the land will prevail over whatever any state says. That's our system.

Don't blame me--I'm an anti-federalist. It's all you federalists who support the system that killed states sovereignty.

25 posted on 01/26/2011 11:55:19 AM PST by Huck (The antifederalists were right.)
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To: Huck

Well that is your opinion. How about not raining on every damned parade you see?


26 posted on 01/26/2011 11:57:13 AM PST by Lazamataz (If Illegal Aliens are Undocumented Workers, then Thieves are Undocumented Shoppers.)
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To: NTHockey
Oh man. I wish I had time to list them all. But I don't. Real quick--the entire preamble, the necessary and proper clause, article 3, the term "general welfare". Basically, implied powers + judicial review= unlimited gubmint, as time has shown.

As for the amendment process, funny that when the patriots fought the revolution, they declared the right to alter or abolish the government. But then when the framers created their own, suddenly we only have the right to alter our government if we can get 2/3rds of both houses and 3/4ths of the state legislatures to agree. Not really in keeping with the Declaration of Independence.

27 posted on 01/26/2011 11:59:53 AM PST by Huck (The antifederalists were right.)
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To: NTHockey

LOL!


28 posted on 01/26/2011 12:01:51 PM PST by MagnoliaB
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To: 17th Miss Regt; 2001convSVT; 2ndDivisionVet; A_Former_Democrat; A_Tradition_Continues; ...
Thanks idabilly. I didn't look but I presume Idaho is fairly flush with Pubbies these days, including guvnah? IOW, are the odds pretty good of this becoming law?

Idaho stepping up and standing up to the federales!





Please ~ping~ me to articles relating to the 10th Amendment/States Rights so I can engage the pinger.

If you want on or off the ping list just say the word.

Additional Resources:

Tenth Amendment Chronicles Thread
Tenth Amendment Center
Firearms Freedom Act
Health Care Nullification

CLICK HERE TO FIND YOUR STATE REPRESENTATIVES

29 posted on 01/26/2011 12:07:13 PM PST by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: Huck
Can you explain why two dozen states nullified the Real ID act in 2007?

Or was that just a waste of time?
30 posted on 01/26/2011 12:08:41 PM PST by Minus_The_Bear
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To: Huck

Give it a rest Puck.


31 posted on 01/26/2011 12:09:45 PM PST by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: Huck

This rather pushy federal gumbint pushes Texas too far and secession may just be in the cards.

Also I saw your about page and saw the grateful dead posters.
Check out the free App “Concert vault”, (wolfgang’s vault)
Go to browse and to the band where you can listen to 109 different Dead concerts for free. Also another 400 under Jerry Garcia.
Just saying.


32 posted on 01/26/2011 12:20:04 PM PST by Joe Boucher ((FUBO))
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To: Huck
Great ideas, and the anti federalist were right! Excellent... rubbing hand together.
33 posted on 01/26/2011 12:55:38 PM PST by 2001convSVT (That Beck guy was right about gold, too.)
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To: NTHockey; Idabilly
The South did not LOSE the War of Yankee Agression. Lee declared a time out to rearm.

NTH - You're right, the South didn't LOSE. Lee took a time out to rearm AND get something to eat.....they were gettin' hungry!

Idabilly - Am I going to have to pack it up and move to Idaho or TX?! We can't even get AR to fight ohaha's (lower case intended) Health (S)care monstrosity! We weren't able to send enough of the dhimmis home in November, but we did make some headway.

34 posted on 01/26/2011 1:06:41 PM PST by southernsunshine
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To: Huck
As for the amendment process, funny that when the patriots fought the revolution, they declared the right to alter or abolish the government. But then when the framers created their own, suddenly we only have the right to alter our government if we can get 2/3rds of both houses and 3/4ths of the state legislatures to agree. Not really in keeping with the Declaration of Independence.

This God given right to consent to your Government was never ceded away. It couldn't be since it is God given.

The Federal Government is not what concerns me, it is the thought process of my fellow Americans. To think that there are people that believe that one person's hard work and investment for their children's future is rightfully theirs for the taking, is downright sickening. Beyond the latest Republican victory, how do we chain Fedzilla within the confines of the Constitution, this time for good?

I'm of the opinion that the States, the creators, need to reclaim their rightful authority. This is no business for the courts, since they were not a party to the compact; but a creation thereof. I probably have more to risk than most that post here, as in regards to stock & bond market fluctuations and loss of capital. But, I'd give every cent I have to ensure my children can live free. Flags and songs be damned!!

35 posted on 01/26/2011 1:08:16 PM PST by Idabilly ("I won't be wronged, I won't be insulted, and I won't be laid a hand on. ...)
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To: Idabilly
Great job! Sending messages...important messages to these socialists and usurpers.

Too bad the Gem state didn't put any teeth into it like Texas did. Make it illegal by state law to try and inact it, punishable by fine or jail time.

36 posted on 01/26/2011 1:14:32 PM PST by Jeff Head (Liberty is not free. Never has been, never will be. (www.dragonsfuryseries.com))
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To: ForGod'sSake
IOW, are the odds pretty good of this becoming law?

Our Governor has been moving Right! You forget, we have more gun stores,,, than bars. That term " gun broke " has real meaning around here. It will become law! Next, it will be reclaiming our State forest... then there's them wolves!

37 posted on 01/26/2011 1:33:08 PM PST by Idabilly ("I won't be wronged, I won't be insulted, and I won't be laid a hand on. ...)
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To: MrB
The 10th reserves to the states all powers not delegated to the general gov’t.

That's the theory. Now let's see what we can to to make them PRACTICE it.

38 posted on 01/26/2011 1:34:50 PM PST by Dead Corpse (III%. The last line in the sand)
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To: Huck
Go back and re-read Art 6 Para 2.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.

If it isn't an enumerated power under Art 1 Sec 8, then nothing Congress passes can make it legit. No, not even a SCOTUS ruling. Sorry, it just doesn't work that way. Not on paper at least.

We haven't stretched enough necks to make them follow it. So now they just figure they can ignore the limits.

They are in for a very rude awakening.

39 posted on 01/26/2011 1:38:54 PM PST by Dead Corpse (III%. The last line in the sand)
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To: Idabilly

Don’t look for confines in the Constitution. It’s full of holes.


40 posted on 01/26/2011 1:38:58 PM PST by Huck (The antifederalists were right.)
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