Stop Obama-Care with the 10th Amendment!
- 2009/12/24 15:58:15
- Read all 49 opinions
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
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.
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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