And So I Go: Yesterday, Today and Tomorrow

>>The States Will Be the Next Battlefield in the Fight Over ObamaCare – Big Government

Posted on: February 22, 2010

» The States Will Be the Next Battlefield in the Fight Over ObamaCare – Big Government posted in December, 2009

I blogged on this article previously and it still holds true today.   In fact much more so since Washington is still not willing to give up or listen to the American people.  Obama  has called a conference with the Republicans and is offering his own version of the bill today on line.  It is merely a rehash of the Senate bill from what I can tell thus far without reading the entire thing.  I am simply tired of reading and rereading these  huge wordy bills ,  sorry folks but at some point the Old Girl has had enough. 🙂   I will wait and see what happens and if there is a final bill coming out of this sham then I will read it.

But just to bring you up to date here is a review of the first article and the new one and update today from Big Government:

According to the American Legislative Exchange Council, lawmakers in 24 states have at least pledged to introduce legislation modeled after their Freedom of Choice in Health Care Act, which nullifies an individual mandate to purchase federally approved health insurance. This amounts to a bold reassertion of the 10th Amendment, that long ignored protection of state sovereignty against federal infringement. Thirteen of these states have already filed or pre-filed constitutional amendments to protect the rights of individuals to make their own healthcare decisions.

One of these states is Arizona, where voters will decide the issue by statewide ballot in 2010. When voting on the Arizona Health Insurance Reform Amendment, citizens of the Grand Canyon State will have an important opportunity to take the lead in fighting federal overreach. A similar measure was only narrowly defeated — by 8,000 votes out of over 1.8 million cast — in 2008. Given the extreme likelihood that the 2010 electorate as a whole will be in a more anti-Obama mood than the one that swept him into office in 2008, there is reason for optimism that the measure will pass.

So what happens if Arizona, or any other state, passes such an amendment? Unfortunately, that is unlikely to be the end of it. ObamaCare supporters will quickly challenge the amendment in court, lest other states be tempted to follow suit and protect their citizens and healthcare markets from federal control.

The Constitution is fairly clear on this question. The federal government has a limited set of enumerated powers, while everything  else is reserved to the states and the people. None of these powers includes the ability to force people to purchase health insurance, or anything else for that matter. Sadly, modern Constitutional jurisprudence is far removed from the document it is purportedly based on. By consistently misinterpreting the commerce and general welfare clauses, the courts have allowed significant extra-constitutional growth of the federal government over the course of the nation’s history.

Despite this state of affairs, there is some hope that even a court system based on the flawed constitutional understanding of modern jurisprudence will balk at the audacity of ObamaCare. A recent report by the Congressional Research Service acknowledged that, “it is a novel issue whether Congress may use [the commerce] clause to require an individual to purchase a good or service.” And when this same issue arose in 1993 during the HillaryCare battle, the Congressional Budget Office found the mandate to be “unprecedented,” noting that, “the government has never required people to buy any good or service as a condition of lawful residence in the United States.” Still, lacking any Supreme Court precedent, a potential legal battle could go either way.

There can only be a legal battle, however, if the states and the people first reassert their sovereignty.

In order to insure that happens, activists should fight not just in Washington D.C., but also in the legislatures of their home states. Don’t just call Nancy Pelosi — who doesn’t care — or some moderate Senator who can be bought off by a few hundred million dollars in pork, but also call your state representative and tell him or her that you want an amendment to protect the rights of citizens to decide what, if any, insurance they want to purchase.

Many lawmakers across the U.S. are already sticking out their necks by standing up against a federal takeover of the healthcare industry. Legislators from 15 states held a press conference on Dec. 4th to unveil a letter, signed by over 100 lawmakers from 45 states, opposing ObamaCare. We must now put pressure on their colleagues to join them. If elected officials in Washington D.C. cannot be counted on to fulfill their duty to pass only those laws within their constitutional authority, then we have no choice but to look elsewhere to recapture our rights.

UPDATED: Health Care Freedom Act Featured at CPAC posted February 21, 2010

The number of states advancing legislation to protect individual choice from federal mandates has increased since December from 24 states to 35.  But merely introducing legislation isn’t enough; we need victories.

Virginia delivered a first step toward just that, as its state House recently passed a version of the Health Care Freedom Act. Elsewhere, the Tennessee Senate passed the bill 26-1, while other states, such as Idaho, have successfully advanced the bill out of committee.

These bills offer to protect citizens in two crucial ways. First, they would guarantee the right to purchase care directly, so that bureaucrats cannot be forced between patients and doctors against their will. Second, it would assure that citizens are protected from unconstitutional mandates to purchase insurance by allowing them to opt-out from any such federal program.


6 Responses to ">>The States Will Be the Next Battlefield in the Fight Over ObamaCare – Big Government"

You know I’m sick of hearing about this damn bill. First, in the State of the Union address, Obama said he would put the Health Care bill on the back burner for a while, while he and Congress worked on “JOBS” bill. So, 3 days go by after his speech and nothing about Health Care (this is good) Then his JOBS bill is announced, what a crock, then we have the blizzard and no one is in DC to work. They come back and it’s like nothing about JOBS at all, it’s STILL the Health Care Bill. I’m so sick of these self-righteous, self-absorbs knit-wits that I can’t see straight any longer.

Don’t they get it???? The people have spoken. They don’t like
their Health Care bill. Leave it alone Congress! And do something about Jobs. You know if Americans aren’t working it doesn’t matter what kind of Health Care Bill is passed. They don’t have the money for it,. Really, these people are just plain idiots.

America needs jobs and NOW! Congress start earning your paychecks, or as of November 8th there will not be in DC any longer.

As of November 8 I hope there will be a DC considerably changed from the one we currently have. The politicians of neither party seems to “get it”. Not about health care, not about jobs and not about spending money we don’t have. Democrats and Republican Senators voted for that $85 billion so called jobs bill. then Harry Reid cut it back to $15billion for some reason, but $13 billion of that is to extend unemployment benefits. We now pay people unemployment benefits for 87 weeks! If I was picking up $300 a week plus food stamps for the next year and a half do you think I would break my buns looking for a job??

There wasn’t one thing in that package even at $85 billion that would create jobs. The sop of offering businesses $5000 tax credit for each new employee is not a help. It is a nice sop when business is doing well and businessmen won’t turn it down, but they can’t use it now because they can’t hire. They can’t hire because they can not get credit from the banks to insure they will be able to meet payroll and produce for the orders they may get. So they are reluctant to take new orders. Banks on the other hand are reluctant to give them the credit they need to have as a back up because they are hoarding their money and waiting to see what Congress does.

Everything hinges on congress stopping the damned spending! And the politicians don’t get it. BB

Does anyone realize how much money the Congress is wasting because we are paying their salaries and they are not doing anything but work on a bill that we don’t even want? So, every penny they have been paid for the last year and 2 months has been a total waste. I ran a business before, and when I told an employee to do something they did it. They didn’t go off and take a break or go home for the rest of the day. They did the job I asked them to do.

So, why is it that we keep paying these employees (Congress) when they refuse to do what we ask them to do? If they worked in the real world they would be fired on the spot. I think it’s time we get rid of all of them. Harry Reid and Nancy Pelosi, Rangle and Barney Frank, have to go, not in November but now. Enough is Enough. America wake up and fire them all.

I’m updating too.

Duh! They work for u s. We’re the bosses! Let’s start acting like it.
This Congress just wasted 1 year, working on a Health Care bill that the people they are supposed to be helping by passing the bill, cannot afford to pay the monthly payments on because they are out of work. Congress hasn’t listened, but has instead said, “Hey, if you don’t pay then you will be fined”. I mean this really makes sense, doesn’t it? The fact that many Americans have no job doesn’t even matter. Of course, I have heard that if they don’t pay the fine they are sentenced to a term in jail. Funny thing because jail is where they will at least get food, shelter, and “YES” Health care for free.
Really do you actually think these idiots in Congress deserve the salary they are getting paid now, much less the hefty amounts they reap when they retire? I don’t. In fact, just writing this is making me sick.
This Congress has yet to earn what they have been paid this past year. And I truly hope, with all my heart, that we pay them the bonus they deserve for all their hard work, by not re-electing them.

State attorney generals have the legal power to put the brakes on ObamaKare. Pay attention to who serves as your state attorney general!

Yes, Always, the states are our last hope and they are working on Obamacare right now. so far 30 states have laws in the works to abolish Obamacare . A few have even made it an amendment to their state Constitution. I have blogged on this recently. BB

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