Skip to comments.STATES' RIGHTS IS OUR LAST HOPE (vanity)
Posted on 06/28/2012 6:06:28 PM PDT by A Navy Vet
While it's now established law that the Fedgov can dictate to American citizens to purchase products/services they don't want OR suffer an additional tax, there was some curtailment to the ever over-reaching "commerce clause". That's a good thing. It's been abused for decades but this decision gives the States some leeway.
As I see it, our only hope is that enough States get together and NULLIFY this tax/mandate decision. Then what would the current/future Executive Branch do? Send in the military to enforce against the States? Not likely. Even Obambi doesn't have the nerve to try that and force a State versus Fedgov conflict. No one has the stomach for a new Revolution nor a Civil War II.
With hold tax money to the States? Okay, that could happen. That's one option for the Fedgov, but the States can also refuse to forward collected taxes. Again, what what the Fedgov do?
Don't forget there are already some 3 States that have passed State laws against Obambacare. There were 26 States opposing Obamacare in this suit. If those 26 (or even less) decide to opt out, Obamacare will fall financially. Of course that issue will work its way through the courts, also. Still, if the Governors of those states just say no NOW, the Fedgov will have a difficult time building its healthcare leviathan.
I see our only hope is from State Governors NULLIFYING this USSC decision and refusing to cooperate. There are no other remedies unless we maintain the House, get a filibuster proof Senate, and a President that will sign a repeal. I doubt the Senate super-majority will happen and don't trust Romney to sign such. Tell me where I'm wrong.
Do you live in Arizona?
The states are pretty much always our best hope.
No, although I'm looking to move their within the next six months. Although they just got screwed by the DOJ telling them the Fedgov will no longer cooperate considering illegals, Arizona is still the cutting edge for States' Rights and anti-illegal reform.
Chief Justice Robers and his cohorts effectively rendered the 10th amendment null and void with their SB1070 ruling. States rights no longer exist.
"Shut up and eat your broccoli." - Barack Hussein Obama, 2012
Sorry, we lost that in 1865.
You make good points. One correction...the Senate can repeal the Affordable Care Act with a simple majority or just 51 Senators..Obamacare was passed with a simple majority because Reid and the Democrats changed the rules.
The Principles of '98 would allow individual states to judge the constitutionality of central government laws and decrees, and could refuse to enforce laws it deemed unconstitutional. Unfortunately, no other states went along and seven state legislatures formally rejected the Kentucky and Virginia Resolutions while three other states expressed disapproval. Several of these states asserted that the federal judiciary, not the states, is the proper forum for interpreting the Constitution. In 1803 the Marbury v. Madison case established the principle of judicial review by the US Supreme Court.
As seen in today's (and many other) US Supreme Court decisions, the restraints on the Federal government have become minimal to nonexistent. Maybe it is time for the Principles of '98 to be formally ensconced in the Constitution. Yes, I know, the 10th Amendment should suffice, but if the arbiter of whether it is sufficient is the US Supreme Court then clearly we need another route. Forget the Tea Party, we need a "Spirit of '98" movement for a constitutional convention to reign in the Federal government.
I’m basically rambling here, but you got me talking.
Since it’s now a tax, we can repeal at least the mandate with a simple senate majority of 51. Without that mandate Obamacare becomes even more financially untenable than it already is. And with that we can maximize the compulsion to repeal it entirely.
It’s absolutely critical that Republicans win as many Senate seats as possible. No thanks to Alaska and Nevada who didn’t exactly help the situation with their recent election of Dems.
We have to give the Republicans as much power as possible in the upcoming election, so that they have the tools to stop this. No foolish defections to 3rd parties at this time. If the Republicans then fail to stop Obamacare in 2013, then the Republicans will have proven their uselessness and I will look at supporting the growth of a 3rd party. But this is not the time to go through that transition, the Reps are our best hope to save the country at this immediate juncture. If we fail in this election, it’s over.
Come 2014-2016, if Obamacare Socialism becomes permanently entrenched, on top of all the other federal abuses, my loyalty to this govt will wane rapidly and I will consider the country I know to be dead. The Constitution no longer exists, Washington has become a ruling class of outright tyranny over the rest of the country. Not a single branch of govt remains that actually obeys the words written. They consider themselves clever at crafting tortured rationale to justify unlimited Federal power, while holding the peoples’ and states’ rights to be specific and tightly enumerated. The exact opposite of the strict constructionist reading which is specified in the 10th Amendment.
As I’ve seen this former Constitutional Republic slip away, I am not far from losing faith in this country. When the Constitution is lost, there comes a point where only Revolution can save our liberty. It’s getting to where I no longer fear the possibility of a future Revolution. What I fear is that the people and states won’t start one. Throughout human history, people only have as much freedom as they are willing to fight for.
I agree that if, in the future, several states were to take a bold stand against the Federal government, there would not be a war, but more likely a peaceful secession. The key is the feds would have to know that the citizens of those states are willing to start shooting if pressed. If they are convinced of that, then they will shy away. Nothing resembling the Civil War would be politically tolerated in today’s rapid media culture. And who would really support the idea of militarily ravaging a state to force it to stay in the Union? We don’t have the slavery boogeyman to justify that this time around.
What you say about the 1798 Virginia and Kentucky Resolutions is interesting. I will have to look into that, I’m not familiar with them.
Failing that, we need to re-pass the 10th Amendment, but this time put it in all capital letters.
Amendments are difficult, how about a law prescribing the oath of office for judges that specifically includes fealty to the 10th Amendment.
Just to clarify things for the robed dopes in this country.
Wrong ace. The forest of the republic was burned down 150 years ago. The forest has since regenerated.
The States lost their rights 150 years ago. WTF are you talking about? The federal government dictates to the states in almost every way today from gas tax mandates to medicare mandates to interstate commerce. WTF are you talking about?
The right of secession cannot be given or taken away. It just exists. Fedgov will be humbled one day. What I meant is that the concept was trampled on 150 years ago, but the reasons that necessitate it have grown back 100 fold since then. We are more divided now than in 1860, by far.
Until Obamathug decides to pull all funding from any state that doesn’t bow down to him. You can also bet he’s investigated every governor and has dirt on them. One phone call and each state will cave like dominoes.
Clearly you are an amateur when it comes to this. I come from a long line of rebs. Here’s what you do: You want to secede and send a peace delegation to DC, with doves and unicorns. Of course President Caesar Obama will reject the parlay but then when the lead flies it looks like they are the bad guys.
Reb, you come from a long line of losers. Do something right for a change. Listen to me. We’re going to have far more people willing to either hang the bastards or vote them out. I prefer the former. I like my country as it is. What I don’t like, what I hate is Obama and what he’s done.
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