By Al Benson Jr. On March 23, 2010 at 11:39 PM
The following article was written by James Ronald Kennedy on 3/21/10 and needs serious consideration. Al Benson Jr.
Nullifying Obamacare !
by James Ronald Kennedy
If "we the people" allow the federal government to destroy our right to decide about an issue as important as our personal health care then we are no longer free people but we have become serfs of our political masters in Washington, D.C. We must act now to overcome the tyranny of the political status quo and return ultimate political authority to "we the people" of the once Sovereign States.
Citizens of Louisiana should contact their state legislators and insist that they pass a joint resolution nullifying the recently enacted healthcare reform. A copy of a joint resolution can be found at the end of this article. Nullification is one of the many unenumerated rights reserved to "we the people" of the states under the 9th and 10th Amendments. This right, its origin, and its prior use by such men as Jefferson and Madison is explained in "Nullifying Tyranny."
The proposed joint resolution is unique in that it has political teeth--a measure to overcome the expected attempt of the Federal government to ignore or deny the existence of the right of nullification. The proposed nullification resolution is crafted to be a contingent nullification, which becomes effective upon the passage of similar resolves by 37 other states. Louisiana's resolution plus 37 other states would be a constitutional majority needed to call a constitutional convention to draft an amendment acknowledging the right of nullification--a threat the Feds dare not ignore. This threat would be the leverage "we the people" will use to force Congress to submit to the nullification of Obamacare. By submitting to nullification, they will avoid a constitutional convention that they will not control. This convention would draft and submit an amendment acknowledging the State's Right of nullification. Congress could also avoid a constitutional convention by submitting to the states and amendment acknowledging the State's Right of nullification. In addition, the threat of nullification by the States will not go unnoticed by the Federal Supreme Court when it revues the constitutionality of the healthcare reform legislation.
The carnival of arrogance, power, and abject indifference to the Constitution that recently occurred in Congress demonstrate beyond question that we now live in the era of Federal supremacy--where the political elite rule and "we the people" must submit. This is not the America our founding fathers crafted--nullification by "we the people" within our respective Sovereign States will destroy the tyranny of Federal supremacy and return America to a government of limited federalism where "we the people" are the final arbiters of Federal authority under the Constitution. This would be a strategic victory that will destroy the ability of the Federal government to ever again infringe upon the rights reserved to "we the people" within our, once again, Sovereign State.
State of ___________________________________________
Joint Resolution --2010 Legislative Session
Whereas the powers and authority of the Federal Government of these United States are derived from a conditional delegation of powers and authority from the States comprising these United States and
Whereas the powers and authority of the Federal Government is limited to those powers and authority specifically delegated to it by the States in the compact titled a Constitution for the United States of America, and
Whereas only those laws made pursuant to the Constitution are to be accepted as supreme law of the land,
Therefore, when a conflict between the people of a Sovereign State and the Federal Government arises regarding the Constitutionality of acts of the Federal Government, the Sovereign State may exercise its Sovereign authority reserved under the Ninth and Tenth Amendments of the Constitution to nullify unconstitutional acts of its agent the Federal Government as it relates to the people residing within that State.
Now therefore, be it resolved that the Sovereign State of _________________
declares the Federal Healthcare Reform, Public Law No.______, is hereby nullified and has no authority as to the people of this State contingent upon Section A and B below.
A. Said nullification shall become effective upon the enactment of similar
nullification acts by 37 other states, and,
B. Should, after the effective date of nullification, the Federal Government
refuse to recognize the reserved right of the State to nullify acts of the
Federal Government, this State calls for a Constitutional Convention of the
States for the specific purpose of crafting and submitting to the States
an amendment to the United States Constitution acknowledging the right
of nullification or a submission to the States by Congress an amendment
acknowledging the State's Right to nullify acts of the Federal Government.