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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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1 posted on 01/26/2011 10:13:48 AM PST by Idabilly
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To: Idabilly

What a dumb waste of time. Nullification? What’s next? Secession?


2 posted on 01/26/2011 10:15:18 AM PST by Huck (The antifederalists were right.)
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To: ForGod'sSake; cowboyway; central_va; dcwusmc; MagnoliaB; Cvengr; southernsunshine; Salamander; ...

Ping!


3 posted on 01/26/2011 10:16:07 AM 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: Huck

If your President keeps it up, you betcha!


4 posted on 01/26/2011 10:17:44 AM 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

lol. What idiocy.


5 posted on 01/26/2011 10:22:11 AM PST by Huck (The antifederalists were right.)
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To: Huck

REALLY. California just NULLIFIED the federal Law against MARIJUANA.

Where is the uproar.

It already has PRECEDENT within the LAST year.


6 posted on 01/26/2011 10:26:14 AM PST by Marty62 (Marty 60)
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To: Huck
What a dumb waste of time. Nullification? What’s next? Secession?

It's never a waste of time for states to prevent the federal government from usurping powers delegated to the states or the people per the 10th Amendment.
7 posted on 01/26/2011 10:26:39 AM PST by Defend Liberty
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To: Huck

“lol. What idiocy”

You might want to rethink that reply.


8 posted on 01/26/2011 10:28:55 AM PST by Marty62 (Marty 60)
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To: Huck

We can only hope. Time to move to Idaho.


9 posted on 01/26/2011 10:42:21 AM PST by coaltrain (Obama's a Harvard lawyer like Elvis was a Black Belt)
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To: Huck

” What’s next? Secession?’

Works for me. Let those of us that don’t want to play take our ball and go somewhere else. The rats and all their communist buddies can try to live of the non producers and leeches. Tell me how well that’s gonna work....red


10 posted on 01/26/2011 11:14:09 AM PST by rednek ("Light travels faster than sound. This is why some people appear bright until you hear them speak.")
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To: rednek
Let those of us that don’t want to play take our ball and go somewhere else

You know this was tried once right?

11 posted on 01/26/2011 11:23:11 AM PST by Huck (The antifederalists were right.)
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To: Marty62

Lunacy?


12 posted on 01/26/2011 11:23:37 AM PST by Huck (The antifederalists were right.)
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To: Idabilly

Man, I miss Idaho. Notice the dumbbell naysayers show up on this thread to mewl their useless opinions that this action is a waste of time. They are generally government teat-suckers who couldn’t wipe the drool from their own chins.


13 posted on 01/26/2011 11:23:37 AM PST by Dr. Thorne (Buy Gold and Guns Now!)
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To: Defend Liberty
It's never a waste of time for states to prevent the federal government from usurping powers delegated to the states or the people per the 10th Amendment.

The 10th amendment doesn't delegate anything to the states or the people.

14 posted on 01/26/2011 11:24:55 AM PST by Huck (The antifederalists were right.)
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To: Huck

Yup and the South lost the War of Northern Aggression due to a lack of resources. Lets try it again and see how it works out the 2nd time. The shoe is on the other foot this time....rede


15 posted on 01/26/2011 11:26:35 AM PST by rednek ("Light travels faster than sound. This is why some people appear bright until you hear them speak.")
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To: Idabilly

Notice the question, and the assumption under the question,

that the “federal courts” are the ultimate authority in this country.


16 posted on 01/26/2011 11:27:42 AM PST by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: rednek

Good luck with that. lol.


17 posted on 01/26/2011 11:30:58 AM PST by Huck (The antifederalists were right.)
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To: rednek; Huck

The South did not LOSE the War of Yankee Agression. Lee declared a time out to rearm.


18 posted on 01/26/2011 11:40:20 AM PST by NTHockey (Rules of engagement #1: Take no prisoners)
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To: Huck
The 10th amendment doesn't delegate anything to the states or the people.

You better tell that to the 27 states since none of them know something you know. The 10th Amendment delegates any powers to the states not delegated to the United States and not prohibited to by it to the states. Regulating health care is not an enumerated power in Article 1 Section 8 and is not prohibited to the states or the people.
19 posted on 01/26/2011 11:41:35 AM PST by Defend Liberty
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To: Defend Liberty

Perhaps the better word would be “reserves”.
The 10th reserves to the states all powers not delegated to the general gov’t.


20 posted on 01/26/2011 11:42:44 AM PST by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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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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To: Joe Boucher

lol...thanks fot the tip....hard to find Jerry band shows.


41 posted on 01/26/2011 1:40:19 PM PST by Huck (The antifederalists were right.)
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To: Lazamataz

Don’t confuse the weatherman with the weather.


42 posted on 01/26/2011 1:40:57 PM PST by Huck (The antifederalists were right.)
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To: Dead Corpse

The federal judiciary interprets the meaning of the Constitution, and when that reaches the SCOTUS, the decisions are final. SCOTUS decisions, in short, have all the same power as Constitutional text. That IS how it was written, sadly.


43 posted on 01/26/2011 1:42:24 PM PST by Huck (The antifederalists were right.)
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To: Minus_The_Bear

It serves a short-term political purpose, as a form of obstruction. But it’s not nullification—it’s merely non-compliance. The states cannot nullify a federal law. They can obstruct if they like, and then it’s up to the feds to enforce it.


44 posted on 01/26/2011 1:43:47 PM PST by Huck (The antifederalists were right.)
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To: Huck
They can obstruct if they like, and then it’s up to the feds to enforce it.

I think you're getting the idea. ;-)

45 posted on 01/26/2011 1:49:56 PM PST by Billthedrill
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To: Huck

Sooo... you think that the federal government is going to roll tanks into 2 dozen states and enforce REAL ID?


46 posted on 01/26/2011 1:50:38 PM PST by Minus_The_Bear
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To: Huck

I always wondered how strange Progressive/Commie things ever happen in the state of TX...now I know why!!!

You may never have voted for a Democrat but you are a Progressive through and through and you probably have a secret room dedicated to Woodrow Wilson because the two of you see eye to eye.

Secession could very well be a reality once the Federal Gov’t starts bailing out states. Any state that stays aboard this sinking ship at that time would be pretty stupid.


47 posted on 01/26/2011 1:54:39 PM PST by surfer (To err is human, to really foul things up takes a Democrat, don't expect the GOP to have the answer!)
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To: surfer

LOL. George Washington was too much of a big goverment guy for me, and you think I admire Wilson? lol. That’s funny. Good luck seceding.


48 posted on 01/26/2011 1:57:55 PM PST by Huck (The antifederalists were right.)
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To: Billthedrill

But that’s not nullification. It’s civil disobedience. Nullification, as a legal doctrine, is nonsense.


49 posted on 01/26/2011 1:58:44 PM PST by Huck (The antifederalists were right.)
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To: Idabilly

I love Idaho! A 15:4 party line vote. I’d love even more to see that ratio in the US Congress, if it was Tea Party and not the RINO wing of the GOP.


50 posted on 01/26/2011 2:00:24 PM PST by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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