Nullification by the states of ObamaCare

What can New Mexico's legislators do to stop ObamaCare? The answer is "A lot!"

The US Constitution by agreement with the original 13 colonies joined in an honorable contract with the federal government in 1789, (an entirely new system of government that the several states had created), to enumerate the powers the federal system was to have but reserved the balance of power to the states. Amendment 10 clearly states that all 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." One of those many undefined powers is to have the ability to "nullify" or interpose on behalf of the citizens of the several states anytime the federal system passed an unconstitutional law or act. The states weren't going to just trust congress to behave accordingly and trust that Congress would only pass constitutional laws. The states, if need be, would use their power to tell the federal government "thanks, but no thanks" should congress stupidly or deliberately pass a law contrary to the letter and spirit of the Constitution.

Congress has passed many laws that have caused the states to react with acts of nullification. Historically the Fugitive Slave Act of 1793 was one such law that Congress passed that resulted in the states challenging its constitutionality. Several of the northern states passed nullifying laws such as the "personal liberty laws" to countermand the federal law.

http://www.tenthamendmentcenter.com/2009/03/04/the-states-rights-tradition-nobody-knows/

In Prigg versus Pennsylvania the Supreme court decision weakened the Fugitive slave Act by ruling that states did not have to offer aid in the recapture of runaways. However, the pig-headedness of proponents of the Fugitive Slave Act reacted by making the Act even more onerous, which forced the states to react with court challenges. In 1854 Wisconsin's high court ruled the fugitive Slave Act unconstitutional. The US Supreme Court ruled against the Wisconsin court in 1859. This back and forth battle betwen the states and the Congress and federal courts continued until the end of the war between the states.

Where else has the nullification powers been used? Of recent vintage the states essentially nullified Real ID Act.

Could a resolution be introduced at the next legislative session of the state of New Mexico to block the 25 bureaus, agencies and departments of the federal government from carrying the provisions of the Afforable Healthcare and Patient Protection Act (ObamaCare)? If I am elected as a state Representative for New Mexico district 28 I will introduce such a resolution.

Visit my website at: www.leerichardgonzales.com