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Oklahoma State Rep to File Bill to Nullify Individual Mandate
Tenth Amendment Center ^ | 7-6-12 | TAC Daily Updates

Posted on 07/07/2012 7:59:31 AM PDT by Idabilly

“I disagree with the Supreme Court’s ruling and believe that state governments were intended to serve as a check on the federal government,” said Ritze, R-Broken Arrow. “The Patient Protection and Affordable Care Act, which is better known as ObamaCare, is an example of federal overreach and my legislation will authorize the state to resist it and ban the enforcement of it.”

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


TOPICS:
KEYWORDS: 10thamendment; donttreadonme; iwillnotcomply; nullify; obamacare; ok; resist; resistance; sicsempertyrannis; statesrights; teaparty; teapartyrebellion; tyranny

1 posted on 07/07/2012 7:59:41 AM PDT by Idabilly
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To: ForGod'sSake; central_va

Ping


2 posted on 07/07/2012 8:02:08 AM PDT by Idabilly (Tailpipes poppin, radios rockin, Country Boy Can Survive.)
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To: Idabilly

The States should tie Holder’s DOJ into knots by filing bills like this.


3 posted on 07/07/2012 8:16:16 AM PDT by AU72
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To: Idabilly

Right on-—I live in Maryland and we don’t have a chance. I wish I did live in a state with a real Governor instead of a Obama suck butt.

Maybe this year we can get rid of the Democrats in control.


4 posted on 07/07/2012 8:17:25 AM PDT by Venturer
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To: Idabilly

Excellent!


5 posted on 07/07/2012 8:22:43 AM PDT by Logical me
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To: Idabilly
".....to the states and to the people."

I could figure out how the states could nullify a Federal law by legislative action. The "People" as a collective? I guess through the states legislature. But how does a person nullify a Federal law he/she doesn't except? Any ideas?

6 posted on 07/07/2012 8:35:41 AM PDT by mosaicwolf (Strength and Honor)
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To: Idabilly

If he hopes to get anywhere with this, he had better identify it correctly. It is not an individual mandate, it is an individual penalty/tax. /sarc


7 posted on 07/07/2012 8:47:47 AM PDT by mazda77 ("Defeating the Totalitarian Lie" By: Hilmar von Campe. Everybody should read it.)
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To: Venturer

Contact U-Haul They can be very friendly.


8 posted on 07/07/2012 9:27:39 AM PDT by ridesthemiles
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To: AU72

Agreed, we need to get our States to Join & support Oklahoma in this effort to protect our rights.


9 posted on 07/07/2012 9:35:01 AM PDT by Monorprise
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To: Idabilly

I hope Mississippi joins them along with another 20 or so to put some steel in the spine of our resolve to take this Nation back.


10 posted on 07/07/2012 9:38:32 AM PDT by trebb ("If a man will not work, he should not eat" From 2 Thes 3)
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To: Cincinatus' Wife; All

Ping to this thread

Praying Texas does the same.

Everyone check this out if you haven’t...

Walter E. Williams: States should nullify Obamacare (said while subbing for Rush)

http://www.freerepublic.com/focus/f-news/2903330/posts


11 posted on 07/07/2012 9:51:25 AM PDT by txrangerette ("HOLD TO THE TRUTH...SPEAK WITHOUT FEAR." - Glenn Beck)
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To: mosaicwolf

The primary propose of the State nullification act is to give legitimacy to those resisting this unauthorized usurpation.

The next step is separate and needs to wait till we got broader support among the states. That step is called interposition it is where our State actually interpose ourselves to serve as our shield against Washington encroachment.


12 posted on 07/07/2012 9:52:23 AM PDT by Monorprise
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To: trebb

I hope Texas follows suit as well. It is time we show our spine in the defense of liberty.


13 posted on 07/07/2012 9:55:11 AM PDT by Monorprise
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To: mosaicwolf; Cincinatus' Wife

True nullification happens under our federal system. The states have much power under our constitution that the fed power grabs are denying them. That’s why it behooves the states to resist and refuse. They offer the individual state resident a buffer that has certain standing under our system.

I know there are some individuals who will try to avoid and or disobey this law.

But if the IRS has access to your bank account you will have fines deducted from it.

And tax forms like we use now will ask you do you have health insurance. IF you lie and say yes when you don’t, you CAN be prosecuted for lying to the feds. If you say the truth, that you don’t, they will be on you like a cat on a june bug.

So the individual is handicapped against the federal leviathan. Not only should a state do what OK might do, but as many states as possible should do the exact same thing and nullify Obamacare as a large block of states.


14 posted on 07/07/2012 9:59:08 AM PDT by txrangerette ("HOLD TO THE TRUTH...SPEAK WITHOUT FEAR." - Glenn Beck)
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To: mosaicwolf
The excerpt may not mention who he is, but if you read the title: Oklahoma State Rep to File Bill to Nullify Individual Mandate
15 posted on 07/07/2012 10:02:18 AM PDT by Svartalfiar
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To: mosaicwolf; Cincinatus' Wife

Here’s what I was referencing:

The tax man cometh to police you on health care

http://www.freerepublic.com/focus/f-news/2903839/posts

We need the states to act on our behalf, and we need as many as possible to join together against the federal leviathan.

They have the ability to stand between us and the leviathan.

Otherwise we are picked off one by one by one by one by the feds via the IRS, with no power having our backs.

Our state government along with a group of state governments is in a much stronger position to tell the feds, back off. We aren’t doing this.

If the feds try to arrest our state leaders then our state law enforcement and national guard should resist. If it ever came to that and I hope not, still that is what we should do.

Like when Texians had a cannon before the war with Mexico broke out but trouble was brewing, and Mexico demanded their cannon so they could use it against marauding Indians, or so they said.

The Texians replied back “COME AND TAKE IT!”

Nullification, baby!


16 posted on 07/07/2012 10:13:33 AM PDT by txrangerette ("HOLD TO THE TRUTH...SPEAK WITHOUT FEAR." - Glenn Beck)
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To: Idabilly

I love OK.


17 posted on 07/07/2012 10:14:37 AM PDT by freedomfiter2 (Brutal acts of commission and yawning acts of omission both strengthen the hand of the devil.)
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To: Idabilly

I am having a hard time getting my head around this. I live in California. California is preparing to nullify the federal immigration laws. So why can’t Florida and Oklahoma nullify Obamacare? What is the difference?


18 posted on 07/07/2012 10:38:02 AM PDT by robert14 (obamacare)
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To: Idabilly

I am having a hard time getting my head around this. I live in California. California is preparing to nullify the federal immigration laws. So why can’t Florida and Oklahoma nullify Obamacare? What is the difference?


19 posted on 07/07/2012 10:38:33 AM PDT by robert14 (obamacare)
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To: Idabilly

Let’s go nullification!


20 posted on 07/07/2012 10:49:42 AM PDT by wastedyears ("God? I didn't know he was signed onto the system.")
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To: Idabilly

Thanks Idabilly. If ANY state can Git ‘R Done it will be Oklahoma. As near as I can recall, the ONLY state without a single county going for jug ears in 2008. Will ping this out when it gets further along.


21 posted on 07/07/2012 11:32:30 AM PDT by ForGod'sSake (You have only two choices: SUBMIT or RESIST with everything you've got!!!)
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To: Idabilly

How about this Constitutional Amendment:

Congress shall make no law compelling an individual or the several states to purchase any manner of good or service or to enter into a contact. Nor shall Congress make any law penalizing or taxing an individual or the several states for failing to purchase a good or service or to enter into a contract.


22 posted on 07/07/2012 12:08:15 PM PDT by Sharkfish ( "All that is necessary for the triumph of evil is that good men do nothing." -- Edmund Burke)
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To: Idabilly

http://www.thenewAmerican.com

Simply stated, nullification is a concept of legal statutory construction that endows each state with the right to nullify, or invalidate, any federal measure that a state deems unconstitutional. Nullification is founded on the assertion that the sovereign states formed the union, and as creators of the compact, they hold ultimate authority as to the limits of the power of the central government to enact laws that are applicable to the states and the citizens thereof.

Since its introduction by President Obama two years ago, Representative Ritze has fought to protect the citizens of his state from the burdens imposed by not only the individual mandate of ObamaCare, but from all effect from so many unlawful intrusions into family life that are part of the federal healthcare program.

“The federal health care law represents a radical change toward socialized medicine and the idea of the federal government forcing Americans to buy health insurance was a bold overreach,” said Ritze, a Republican from Broken Arrow. “I simply don’t see how the Supreme Court could justify upholding this law.”

When it comes to health care, Representative Ritze knows what he’s talking about. He is a family practice physician and surgeon and his wife is a nurse. It is this real-world experience with the cost of medical care that first alerted Ritze to the harm posed by ObamaCare prompting him two years ago to begin his fight against this federal overreach.

“I am going to continue my efforts to pass legislation in Oklahoma to nullify the law in our state,” said Ritze. “Although most Americans want to see our health care system improved, they do not want the government to take it over or to make important decisions for them. There is a conservative approach to fixing the system, which is to remove the government intervention already in place that has kept it from being a truly free market system.”

Citing the Tenth Amendment, Ritze’s bill — HB 1276 — declares that the Patient Protection and Affordable Care Act, as well as the Health Care and Education Reconciliation Act of 2010:

are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the founders and ratifiers, and are hereby declared to be invalid in the State of Oklahoma, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.

Admirably, Representative Ritze’s bill does not stop at merely labeling ObamaCare unconstitutional; it includes a provision that criminalizes its enforcement in the Sooner State. The relevant portion of the bill reads:

Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a felony and upon conviction must be punished by a fine not exceeding Five Thousand Dollars ($5,000.00), or a term of imprisonment not exceeding five (5) years, or both.

Any public officer or employee of the State of Oklahoma that enforces or attempts to enforce an act, order, law, statute, rule, or regulation of the government of the United States in violation of this act shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding two (2) years, or by a fine not exceeding One Thousand Dollars ($1,000.00), or both such fine and imprisonment.

Ritze originally introduced a bill to opt out of ObamaCare in 2010, but after being passed by the legislature the act was vetoed by the governor. Undaunted, Ritze reintroduced the measure as a proposed constitutional amendment and it was overwhelmingly approved by the citizens of Oklahoma. Unfortunately, the climate created by the Supreme Court’s recent ratification of ObamaCare makes it necessary for Ritze to continue the fight against the federal government and its seemingly never-ending salvo of unconstitutional acts and edicts

In a few months, Ritze will re-introduce his ObamaCare nullification bill, placing another barrier between Oklahoma and the federal assault on its people and its sovereignty.

Ritze is not alone in this fight. Oklahoma Attorney General Scott Pruitt made the following statement, “We’re disappointed the court upheld the individual mandate, and find it disturbing that they did not place a limit on the power of the federal government to control the lives of Americans. But, the battle isn’t over. It is now up to the political process to repeal the act and replace it with measures that address the health care crisis within the confines of the Constitution. We must continue to oppose this act and multiple overreaching regulations proposed by the Obama administration that cross the line of federal power.”

Oklahoma was one of the 25 states that filed federal lawsuits in 2011 challenging the constitutionality of ObamaCare. As readers may remember, Virginia and Florida also filed complaints with Florida taking the lead.

In a statement issued after the announcement of the Supreme Court’s ObamaCare ruling, Oklahoma’s Governor Mary Fallin echoed the Attorney General’s remarks regarding the myriad problems with the federal health care program:

Oklahomans have voiced their opposition to the federal health care bill from the very beginning, having approved a constitutional amendment to block the implementation of this bill in our state. We believe that, rather than big government bureaucracy and one-size-fits-all solutions, the free-market principles of choice and competition are the best tools at our disposal to increase access to health care and reduce costs.

I’m extremely disappointed and frustrated by the Supreme Court’s decision to uphold the federal health care law. President Obama’s health care policies will limit patients’ health care choices, reduce the quality of health care in the United States, and will cost the state of Oklahoma more than a half billion dollars in the process.

This decision highlights the importance of electing leaders who will work to repeal the federal health care law and replace it with meaningful reform focused on commonsense, market based changes.

When the Oklahoma state House of Representative re-convenes in a few months, Representative Ritze is confident that he and his fellow constitutionalists in state government can push through his nullification bill. In a statement to The New American, Ritze described the difficulty faced by those state lawmakers who would stand up to the bully on the Potomac:

So many state legislators are afraid to stand up to Congress. When you have something totally unconstitutional you have to take a stand and if the people don’t do it all at once, then we [the state legislatures] will do it incrementally, the same way the federal government has brought socialism to the states over the years.

Finally, Representative Ritze sees hope on the horizon for the continuing sovereignty of Oklahoma, “We’re looking at possibly adding three to six constitutionalists in the Oklahoma State Legislature next time. With such a strong Constitutional and spiritual grounding, it will be hard for enemies of freedom to shake us.”


23 posted on 07/07/2012 12:17:12 PM PDT by TornadoAlley3 (Obama is everything Oklahoma is not.)
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http://www.thenewamerican.com/usnews/constitution/item/11981-oklahoma-state-rep-to-propose-obamacare-nullification-bill


24 posted on 07/07/2012 12:19:04 PM PDT by TornadoAlley3 (Obama is everything Oklahoma is not.)
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http://webserver1.lsb.state.ok.us/cf/2011-12%20FLR/HFLR/HB1276%20HFLR.DOC


25 posted on 07/07/2012 12:26:32 PM PDT by TornadoAlley3 (Obama is everything Oklahoma is not.)
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To: Idabilly

Anyone else here foresee secession as a real possibility when the showdown of states’ rights vs. fed jurisdiction takes place in the next 10 years?


26 posted on 07/07/2012 8:15:30 PM PDT by hsrazorback1 (Seek truth.)
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To: Idabilly

The 26 States that challenged ObamaCare in court should do this. Some States are defying federal authority regarding medical marijuana. The Individual Mandated Tax is far more important than medical marijuana.


27 posted on 07/07/2012 9:28:06 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: hsrazorback1
Anyone else here foresee secession as a real possibility when the showdown of states’ rights vs. fed jurisdiction takes place in the next 10 years?

Just as soon as people understand that segments of the Country will never change. Without Freedom -- everything else is simply blind allegiance to something that no longer exist.

I'm afraid that Americans have grown tolerant of tyranny. This thing that is masquerading as President should provide enough proof. Unless we separate soon the fungus of socialism will have firmly embedded itself into every neighborhood, city, and State. Sadly, the only free about this Country these days is the ability to move about from place to place. This fungus moves around for lower taxes, better schools, less crime, etc - and within a few years they vote in what they ran from. I see it every single day.

28 posted on 07/08/2012 6:30:52 AM PDT by Idabilly (Tailpipes poppin, radios rockin, Country Boy Can Survive.)
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To: txrangerette

These gen-x obama worshippers are going to be surprised when they get laid off and lose their insurance. They’ll sign up for unemployment and the “penalty” will be deducted from their check. hee hee


29 posted on 07/08/2012 8:40:55 AM PDT by Terry Mross ( To all my kin: Do not attempt to contact me as long as you love obama.)
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To: hsrazorback1

5 years ago, a very remote possibility. And secessionists were clearly on the margins. It’s now becoming fashionable. While I’m not a secessionist (I don’t favor VA secession at this time), I think its a pretty fair bet that a few states will come to the conclusion that they’re better off on their own. In the mean time, nullification measures and other related actions will be the rage.


30 posted on 07/08/2012 10:16:40 AM PDT by RKBA Democrat ( We're all Texians now.)
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To: Idabilly

This is a start… but it’ll take a lot more than this. This doesn’t address the myriad of other usurpations that states tolerate if not facilitate.


31 posted on 07/08/2012 11:16:53 AM PDT by RKBA Democrat ( We're all Texians now.)
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To: Idabilly; ForGod'sSake
“I disagree with the Supreme Court’s ruling and believe that state governments were intended to serve as a check on the federal government,” said Ritze, R-Broken Arrow. “The Patient Protection and Affordable Care Act, which is better known as ObamaCare, is an example of federal overreach and my legislation will authorize the state to resist it and ban the enforcement of it.”

I don't see the states as a "check" on federal power, that still seems to have the feeling of the feds being preeminent and the states secondary. The concept of states, and in fact some of the states themselves, preexisted the federal government and it is in fact a creation of THEIRS. (Nevertheless, I'm not crapping on the guy, he's obviously working in the right direction)

32 posted on 07/08/2012 3:42:56 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Sharkfish
Congress shall make no law compelling an individual or the several states to purchase any manner of good or service or to enter into a contact. Nor shall Congress make any law penalizing or taxing an individual or the several states for failing to purchase a good or service or to enter into a contract.

Much too narrow. How about:

There shall be no federal crimes except treason, xxx, yyy (whatever legitimate federal crimes there might be). The federal government may not provide funds or other consideration to states, counties, municipalities, or other political subdivisions based on the content of laws within those jurisdictions. Federal authority under the commerce clause is limited to preventing states from establishing tariffs or other barriers to interstate trade. The 16th and 17th Amendments are hereby repealed.

33 posted on 07/08/2012 3:52:58 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Sharkfish

Oh, and:

Determination of the Constitutionality of an act of the federal government shall be made by a panel of jurists drawn from state supreme courts.

Issues in which the federal government is a litigant will be decided by a panel of jurists drawn from state supreme courts (but not the supreme court of a state which is itself a litigant in the matter).


34 posted on 07/08/2012 3:57:34 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Still Thinking
The concept of states, and in fact some of the states themselves, preexisted the federal government and it is in fact a creation of THEIRS.

True enough and one of the tenets I hang my hat on. Just wondering if Dr. Frankenstein's creation had a name...

35 posted on 07/08/2012 7:47:55 PM PDT by ForGod'sSake (You have only two choices: SUBMIT or RESIST with everything you've got!!!)
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