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First in the Nation: Idaho House Passes Health Care Nullification
Tenth Amendment Center ^ | 02-16-2011 | Michael Boldin

Posted on 02/16/2011 2:11:53 PM PST by RepublicnotaDemocracy

In an historic vote in the Idaho House of Representatives, the Federal Health Care Nullification Act (originally authored by the Tenth Amendment Center) passed by a vote of 49-20.

House Bill 117 states:

"The state of Idaho hereby exercises its sovereign power to declare the public policy of the state of Idaho regarding the right of all persons residing in the state of Idaho in choosing the mode of securing health care services free from the imposition of penalties, or the threat thereof, by the federal government of the United States of America relating thereto"

The principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as the state is concerned.

Implied in any nullification legislation is enforcement of the state law. In the Virginia Resolution of 1798, James Madison wrote of the principle of interposition:

"That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them."

House Bill 117 expressly includes this principle

(Excerpt) Read more at blog.tenthamendmentcenter.com ...


TOPICS: Breaking News; Constitution/Conservatism; News/Current Events; US: Idaho
KEYWORDS: 10thamendment; baraqhole; february2011; healthcare; idaho; jimmyquaeda2; nullification; obamacare; socialisthealthcare; statesrights; teapartyrebellion
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To: Lurking Libertarian
I wonder how FReepers would react if, say, California nullified the federal partial-birth abortion ban (which was, like Obamacare, passed under the Interstate Commerce clause).

If it is a state-by-state decision then I think FReepers would live with it instead of it being a top-down federal edict.

41 posted on 02/16/2011 3:19:59 PM PST by paulycy (Islamo-Marxism is Evil.)
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To: SeekAndFind

No,we should be talking “peaceful separation” like the kind that occurred in Czechoslovakia.


42 posted on 02/16/2011 3:22:55 PM PST by GraceG
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To: SeekAndFind

“I hope nobody is talking secession ( as the states did during Lincoln’s time ) because we all know how that turned out”

In defense of unborn children?

“I shall never bear arms against the United States—but it may be necessary for me to stand in defence of Texas, in which case I shall not prove recreant to my duty.”


43 posted on 02/16/2011 3:24:16 PM PST by BenKenobi (Don't expect to build up the weak by pulling down the strong. - Silent Cal)
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To: Prokopton
I think that was settled about 145 years ago.

I agree it looks like it, but the roles are being reversed. Now instead of State denying a constitutional right to liberty it is the Fed govt that seeks to make individual citizens property of the govt. I don't see the military intervening for this type of a cause.

44 posted on 02/16/2011 3:28:06 PM PST by wmfights (If you want change support SenateConservatives.com)
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To: GraceG

That would depend on Obama, and how he responds. I doubt very strongly that he would permit peaceful secession.


45 posted on 02/16/2011 3:29:25 PM PST by BenKenobi (Don't expect to build up the weak by pulling down the strong. - Silent Cal)
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To: EdReform

Awesome! Standing tall and strong in Idaho!!!


46 posted on 02/16/2011 3:32:51 PM PST by luvie (No Compromise!)
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To: RepublicnotaDemocracy

Does Idaho have a bicameral legislature? If so, this means little unless passed by both houses and signed by governor.


47 posted on 02/16/2011 3:43:39 PM PST by ChildOfThe60s ( If you can remember the 60s....you weren't really there)
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To: RepublicnotaDemocracy

It’s good to be here...but they did not add any teeth to it. They should have made it a crime for any federal official to go ahead and try and implement Obama Care here in Idaho.

As it is, the law indicates that we as Idaho Citizens do not have to follow the Federal Law, but does not stop the Feds from implementing it.

I wonder what will happen on the day that they do (God forbid and hopefully the congress will keep it from happening through the House until 2012 when we can turn it all the way aroud), and when Idaho citizens say no and the Feds try and come in and impose fines, penalties and even jail time.


48 posted on 02/16/2011 3:44:07 PM PST by Jeff Head (Liberty is not free. Never has been, never will be. (www.dragonsfuryseries.com))
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To: BenKenobi

Or, as Obama would put it, one down 56 to go.


49 posted on 02/16/2011 4:01:20 PM PST by altura
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To: RepublicnotaDemocracy

Obama will just sign an exemption for the state and say the issue is moot and the law is still valid.


50 posted on 02/16/2011 4:05:07 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: altura

Does that joke *ever* get old?


51 posted on 02/16/2011 4:06:01 PM PST by BenKenobi (Don't expect to build up the weak by pulling down the strong. - Silent Cal)
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To: SeekAndFind

Oh yeah... it was horrible when the colonies seceded from the British crown. (shudder)

heh...

F you.

I love these veiled threats of violence from CS’ers like you.

Here is something you can take to the bank... WHEN we do bring it, its going to be at a time of our choosing when our chances of success are virtually guaranteed. You may feel the need to join whatever force the socialist tyrants assemble to throw at us (if they even choose to do so) but you will walk away disappointed... If you walk away... (shudder)


52 posted on 02/16/2011 4:09:31 PM PST by myself6
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To: RepublicnotaDemocracy

Hot doggies!

Bump!

YES!


53 posted on 02/16/2011 4:16:24 PM PST by upchuck (When excerpting please use the entire 300 words we are allowed. No more one or two sentence posts!)
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To: RepublicnotaDemocracy

Look at all the waivers being done. The last I heard 4 states have received waivers. How can a law be enacted on all and some are receiver waivers. This make no sense.

All the democrats utilize to issue - that car insurance is essential and it is the right of everyone to purchase. What if you do not have a car do you have to buy car insurance.

I find the arguement that health insurance is to mandated by the US government. I can remember when I was working as a pastor in a church in the 1990s and there was no health insurance, the church required me to sign up for medicaid. That is right medicaid. Okay I submitted my letter of resignation immediately and went elsewhere whereby health insurance was achieved througha denominational health insurance policy. That church that had no health insurance is still in existence and goes through pastors like the old fashioned saying that Carter goes through liver pills.


54 posted on 02/16/2011 4:25:38 PM PST by hondact200 (Candor dat viribos alas (sincerity gives wings to strength) and Nil desperandum (never despair))
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To: RepublicnotaDemocracy

Hey Rick Perry, and all you newly elected Texas tea-party ‘pubbies, if you’re lurking...here’s an idea that the majority of your constituents would appreciate happening here the Lonestar state!!


55 posted on 02/16/2011 4:27:41 PM PST by harpu ( "...it's better to be hated for who you are than loved for someone you're not!")
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To: myself6

RE: I love these veiled threats of violence from CS’ers like you.

This is what passes off as civil arguments in FR nowadays. Someone makes a point about what happened in American History, and guys like you make stupid conclusions that I am threatening violence when you through your foul mouthed keyboard are the one doing the threat.


56 posted on 02/16/2011 4:37:53 PM PST by SeekAndFind
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To: bigheadfred

Now I may move to potato state. Snow or not. Is this the correct “I” state?


57 posted on 02/16/2011 4:40:19 PM PST by Dubya-M-DeesWent2SyriaStupid! (Obama:If They Bring a Knife to the Fight, We Bring a Gun (the REAL Arizona instigator))
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To: GraceG

RE: No,we should be talking “peaceful separation” like the kind that occurred in Czechoslovakia.

Actually, times have changed in this country. We do not need to go the route of separation or secession.

Firstly, states can IGNORE what the Supreme Courts decide (Nullification in practice ) and NOT IMPLEMENT ObamaCare. Let it just die in Idaho for instance.

What’s Obama gonna do? Send the army to enforce Obamacare? I’d like to see him try.

This time, he’ll find that most of the military come from the SOUTH.

It won’t work in practice.


58 posted on 02/16/2011 4:43:30 PM PST by SeekAndFind
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To: SeekAndFind

Sure....

Just tired of the old argument that we can never reclaim our freedom from a tyrannical federal government and the population that enables it because a secession attempt in the past failed.

Ive had enough of this and the people who pose it. So i simply bypass the drama and civil war history posts that invariably follow, because they are ultimately MEANINGLESS to the situation today. At the end of these arguments it always comes down to one side saying they want to be free of this socialist tyranny and the other saying that that if you try the death toll will be astronomical because it was in the civil war.

Ive found that the people who like to pose this argument are not worthy of civility therefore i do not offer any.


59 posted on 02/16/2011 4:53:03 PM PST by myself6
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To: Dubya-M-DeesWent2SyriaStupid!

This is a nice place to be. Weird thing is most of the really good spuds are for “export”. And I think they changed the classification. What they call a No.1 in the stores is really just a 2 drop cull.


60 posted on 02/16/2011 4:54:05 PM PST by bigheadfred (THE ZOMBIE APOCALYPSE HAS BEGUN)
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