Friday, April 30, 2010

State legislators and the 10th Amendment

Nullification and Interposition - The powerful 10th amendment:

"the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

State legislators in several states are beginning to rediscover the tremendous clout they could exert on the national government by employing the hammer of the 10th amendment on the onerous laws and mandates that Congress has become accustomed to passing despite their obvious unnconstitutionality!

Obama-Care (the Affordable Healthcare and Patient Protection Act) does not meet the Constitutional requirements and the law is being challenged by Attorneys General from over 1/3 of the States. Court battles are a long process and address very specific aspects of the law. The fact that so many states are challenging Obama-Care via the courts is encouraging.

The 10th amendment can be used by state legislators to nullify Obama-Care and challenge it on constitutional grounds.

When enough states get on board the nullification movement it will be a very powerful voice from the people to force congress to begin the process of repealing this socialistic act.

The 10th amendment has a history of making Congress back down from their passage of bad laws and mandates. Beginning with the Alien and Sedition act, the Fugitive Slave Act of the early Republic to more recent nullification efforts by the states with States' passage of:

  1. Firearm Freedom laws
  2. "opting out" of Real ID (nationalized Identification card)
  3. other states' challenges to federal law

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