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Stop Obama-Care with the 10th Amendment!

With all the discussion on Obama's health care reform (take over) it is evident that the States need to file a lawsuit citing violation of the 10th Amendment to the United States Constitution. The Supreme Court would be hard pressed to rule against such a clear violation.

Fortunately, the great State of Texas under the leadership of Governor Rick Perry and the states Attorney General Greg Abbott are already researching this option and are communicating with Governors of the other 49 states.

The Tenth Amendment (Amendment X) of the United States Constitution, which is part of the Bill of Rights,
was ratified on December 15, 1791.

The Tenth Amendment restates the
Constitution's principle of federalism by providing that powers not
granted to the national government nor prohibited to the states by the
constitution of the United States are reserved to the states or the
people.


Specifically addressed:

Forced participation or commandeering

The Supreme Court rarely declares laws unconstitutional for
violating the Tenth Amendment. In the modern era, the Court has only
done so where the federal government compels the states to enforce
federal statutes. In 1992, in New York v. United States,
505 U.S. 144 (1992), for only the second time in 55 years, the Supreme
Court invalidated a portion of a federal law for violating the Tenth
Amendment. The case challenged a portion of the Low-Level Radioactive
Waste Policy Amendments Act of 1985. The act provided three incentives
for states to comply with statutory obligations to provide for the
disposal of low-level radioactive waste. The first two incentives were
monetary. The third, which was challenged in the case, obliged states
to take title to any waste within their borders that was not disposed
of prior to January 1, 1996, and made each state liable for all damages
directly related to the waste. The Court, in a 6–3 decision, ruled that
the imposition of that obligation on the states violated the Tenth
Amendment. Justice O’Connor
wrote that the federal government can encourage the states to adopt
certain regulations through the spending power (i.e., by attaching
conditions to the receipt of federal funds, see South Dakota v. Dole),
or through the commerce power (by directly pre-empting state law).
However, Congress cannot directly compel states to enforce federal
regulations. In 1997, the Court again ruled that the Brady Handgun Violence Prevention Act violated the Tenth Amendment (Printz v. United States,
521 U.S. 898 (1997)). The act required state and local law enforcement
officials to conduct background checks on persons attempting to
purchase handguns. Justice Scalia, writing for the majority, applied New York v. United States
to show that the law violated the Tenth Amendment. Since the act
“forced participation of the State’s executive in the actual
administration of a federal program,” it was unconstitutional.

The
tenth amendment further deals with the Commerce Clause, Federal Funding
and State Sovereignty Resolutions and Nullification Acts.

While the Commerce Clause is the most likely way the Obama Administration will try to justify this new legislation, Ultimately, I believe the Governors can put a stop to the insanity of this non-health care reform bill; should it pass and be signed in to law by the President.

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  • Crafty lil D3vil 2010/03/26 04:09:13
    Crafty lil D3vil
    +3
    Its not just the 10th Amendment Obama, Congress and Senetors violated.

    The 28th Amendment to the Constitution - Amendment 28
    Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators or Representatives, and Congress shall make no law that applies to the Senators or Representatives that does not apply equally to the citizens of the United States .

    Congress and Obama have their own health plan called the "KENNEDY HEALTH CARE BILL". It is written into the new health plan and lets them use their own special system.
  • N2Longhair Crafty ... 2010/04/13 23:09:14
    N2Longhair
    Well currently there are only 27 Amendments to the U.S. Constitution. While I like the proposed 28th Amendment, it is not currently law.

    I do agree that it severely sucks that the politicians can vote themselves out of regulations and laws that they impose on the people; it should be made illegal!
  • carlene 2010/01/05 03:01:20
    carlene
    +1
    Yes before and after the governors election. Maybe the election will bring someone who will listen.
  • N2Longhair carlene 2010/01/05 15:29:33
    N2Longhair
    You can express this to all parties in the Governors race.

    Thanks!
  • Cindy 2010/01/04 22:01:39
    Cindy
    +1
    Yes I will contact Mrs. Gregroire in the State of Washington. However, the cow is a democrat and loves Obama. So, I'm not sure it will do any good. Kind of like talking to the wall and expecting an epiphany.
  • N2Longhair Cindy 2010/01/04 22:53:03
    N2Longhair
    Thanks Cindy! At least they will know you are tracking their response and they will answer for their ineptitude. Perhaps your call, plus pressure from other Governors that are reaching out will make a difference.
  • very Conservative "me" 2010/01/04 20:07:14
    very Conservative "me"
    +1
    Anything that puts a stop to this crap is good. It's all about taxes and sleeping with the drug companies.
  • N2Longhair very Co... 2010/01/04 20:16:02
    N2Longhair
    It is absolutely not about improvement of our health care system, making it more affordable or providing coverage for more citizens.
  • very Co... N2Longhair 2010/01/04 20:24:10
    very Conservative "me"
    They way I see it, the only way that will ever happen is if we go back to the day when doctor's cared about patients and would treat them because it was the right thing to do and were paid with a chicken or hay or other goods that their families needed. Those were the days. Never to return. Now it's all about money. If the doctor's and drug companies don't get it the government will. You can't win even by NOT going to the doctor.
  • N2Longhair very Co... 2010/01/04 20:41:30
    N2Longhair
    +1
    That is so true. Doctors today do not have the respect they once had. They may think they do, but we all know or at least perceive that the majority of doctors are now in it for the money, pure and simple. While there are exceptions, most of us have experienced the lack of sincere compassion and subscription of the least evasive procedure to heal us. There are many that are trying to regain the perception of being caring and compassionate, but even they are hard to take serious. This gives the doctors who are in it with the desire to serve, heal and save an up hill battle to receive the respect due.
  • very Co... N2Longhair 2010/01/04 20:44:19
    very Conservative "me"
    +1
    But actually before it's through they may find they have to go back to caring to make any money. Otherwise if we ever got rid of all this healthcare reform business AND insurance they'd have to go back to being reasonable and people could go back to paying them.
  • N2Longhair very Co... 2010/01/04 21:02:14
    N2Longhair
    +1
    I don't think reasonable people mind paying a fair price for a doctors service. The problem is the doctors have jacked up their prices so high to cover insurance administration costs, taxes, and liability insurance that it is expensive even if you self insure. Most doctors will discount their charges by as much as 50%-60% if you tell them up front you will be paying cash (self insured). I told a doctor I was self insured and the normal office rate for the services I received went from $463.00 down to $127.00. I paid them in cash and they had a hard time finding $3.00 in change in the office. They would have taken a check too.
  • very Co... N2Longhair 2010/01/04 21:06:22
    very Conservative "me"
    That's it. I always pay my doctor at time of visit. My insurance at work is expensive and really absolutely worthless. I hardly ever go to the doctor so I just give them cash. I know they get less from me than would the insurance company.
  • Cindy N2Longhair 2010/01/04 22:04:42
    Cindy
    +1
    The reason the docs have to jack up their prices is to cover their malpractice insurance costs. Perhaps if Congress would get into tort reform instead of IGNORING frivolous lawsuits, the costs would be controlled at least on 1 level.
  • N2Longhair Cindy 2010/01/04 22:55:13
    N2Longhair
    Amen to that! Doctors have been complaining about that for years.
  • Racefish 2010/01/04 18:57:05
    Racefish
    +1
    The bill passed by the Senate had an "opt-out" clause. The problem with this is the fact that either way the state goes, it would still be subject to the tax imposed by the federal government without benefit.
    Look at the deal Nelson struck with Ried. Nebraska could have the rest of the country paying for their Medicaid, but Nebraska would be free of the mandate of taxpayer paid abortion. However, the taxpayers would still be stuck with the bill funding abortions in other states.
  • N2Longhair Racefish 2010/01/04 20:04:43
    N2Longhair
    Absolutely correct. The government is strictly prohibited from enacting such legislation. The deals cut basically give the respective states a free ride on the backs of other states.

    Thanks!
  • Matt 2010/01/04 11:02:11
    Matt
    +1
    A couple of years ago, seniors were forced to choose a Medicare, Part D supplement provider. Those who did not choose in a timely manner were to be assessed with a lifetime penalty for every month that they waited. Insurance companies write the laws in this country !
  • N2Longhair Matt 2010/01/04 15:29:55
    N2Longhair
    +1
    I see your point Matt. The legislators write the laws, the problem is, they are just corrupt from top to bottom.

    Nevertheless, the proposed health care legislation I have been following will force almost all Americans to make a choices that are not choices at all. These mandatory choices will be enforced by the IRS which will apply much harsher penalties and pressure. Have you ever heard of IRS auctions?

    I believe this "reform" has nothing to do with delivering health care to more people or making it more affordable. It is clear we will pay either way.
  • safari 2010/01/04 07:56:16 (edited)
    safari
    +2
    Rick Perry has been on my hero list for a very long time! God Bless him and may this inspire other states to follow suit.

    Edit to add - I just learned somethings about Rick after reading below that might alter his place on my hero list. But for this act I still highly applaud him!

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N2Longhair

N2Longhair

TX, US

2008/11/19 21:16:03

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