Relying on
a federal lawsuit to invalidate the new Health Care Reform Law is not
only an
uncertain endeavor in the face of decades of bad Supreme Court
precedent; it
could also take years to go anywhere, according to the Tenth Amendment
Center.
“The reality is this, considering a lawsuit as the primary response
leaves the
people in opposition holding the bag,” says Michael Boldin, founder of
the
Center. “Thats why we advocate a solution to this mess that leaves the
people,
not the courts, in charge."
Los Angeles, CA (PRWEB) March 25,
2010 — "Prominent founders such as Thomas Jefferson and James
Madison
warned us that if the federal government ever became the sole and
exclusive
arbiter of its own powers, those powers would continue to grow,
regardless of
elections, courts, separation of powers or other much-vaunted checks and
balances in our system," said Michael Boldin, founder of the Tenth
Amendment
Center.
Nullification, according to the Center, is the rightful
remedy to
an unconstitutional act, as it considers the recently-signed Patient
Protection
and Affordable Care Act to be. When a state nullifies a federal law, it
is
proclaiming that the law in question is void and inoperative, or
non-effective,
within the boundaries of that state; or, in other words, not a law as
far as the
state is concerned.
Today, the Tenth Amendment Center announced a different strategy for
activists and state government. "We are pleased to announce model nullification
legislation that is crafted to specifically address the Patient Protection and
Affordable Care Act on a state level,” Boldin said. “We encourage grassroots
activists and state legislators alike to work to get this bill passed in their
home states."
The legislation, the Federal Health Care Nullification Act, would codify in state
law that the Patient Protection and Affordable Care Act "is not authorized by
the Constitution of the United States…is hereby declared to be invalid…shall
not be recognized…is specifically rejected…and shall be considered null and
void and of no effect" within the boundaries of any state enacting it. It also
mandates that it “shall be the duty” of the State’s legislature “to adopt and
enact any and all measures as may be necessary to prevent the enforcement.”
“The greatest problem with relying on lawsuits by state Attorney’s General
for Constitutional protection is the reality that the Supreme Court has set
years and years of bad precedent, allowing the federal government to control
many aspects of our lives that the Founders and Ratifiers never authorized,”
said Boldin. “The real question we must ask is this,” he continued, “Does the
Constitution mean what the founders said it means, or does it mean what the
Supreme Court says it means…until it changes its mind?”
“Like any legal document, the words of the Constitution mean today the same
as they meant the moment it was ratified,” said Boldin. “The Commerce Clause,
the General Welfare Clause and the Necessary and Proper Clause have not been
amended, and the original Constitutional meanings of those clauses do not permit
the federal government to exercise such powers.”
According to the Center, on a political level, the new health care reform
legislation not only violates conservative principles by greatly enlarging
federal power and control, but also is an affront to traditional progressive
principles because it requires millions of people to their money to an industry
that many liberals revile, and interferes with the ability of states and local
communities from enacting their own health care programs as they see fit.
“It’s time to remind the federal government that We the People are in charge
and not the other way around,” said Boldin. “Following the Constitution every
issue, every time, without exceptions or excuses requires us to resist federal
overreach and keeping our health care decisions where the Founders assured us
that they’d be and where they belong…close to home.”
About the Tenth Amendment Center:
The Tenth Amendment
Center, a Los Angeles-based think tank founded in 2006, acts as an educational
forum on issues related to the 10th Amendment and Constitutional governance. http://www.tenthamendmentcenter.com/
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