WyBlog

Yes New Jersey, it's time to declare Obamacare "null and void"

The Tenth Amendment used to mean something. If NJ Assemblywoman Alison Littell McHose has her way it could regain some of its lost stature. She has introduced legislation (A4155) to join ongoing efforts in 12 other states which would nullify the federal government's unconstitutional Obamacare mandates.

Yes folks, Obamacare really is unconstitutional. Just ask constitutional scholar Randy Barnett who was the original voice in the wilderness railing against the individual mandate back in 2009. Funny thing though, courts keep agreeing with him. And his notion of Ninth and Tenth Amendment limits on federal power are now considered mainstream.

One of the mockers is terrorist-sympathizing Rutgers law professor Frank Askin. There is no progressive shibboleth to which his knee will not jerk. And true to form he exercises his keen legal mind to opine on the issue of nullification:

"What kind of Lunacy?"

Well Mr. Askin, it's the kind of lunacy our Founding Fathers would have applauded. Unlike, for example, your particular brand of lunacy which imparts Miranda and Geneva Convention rights to foreign citizens who are engaged in waging war on these Unites States.

Or perhaps you meant the lunacy of Assembly Speaker Sheila Oliver who refuses to even consider McHose's bill. North Dakota considered it, and their governor recently signed a nullification measure into law. Unsurprisingly the sky did not fall and the citizens of that state remain free to go about their business as they please.

Ah but Askin (and Oliver) fall back on "the Supremacy Clause," a tired old argument which says anthing Congress does automatically supercedes any state or local statutes. Unfortunately for them Professor Barnett has effectively torpedoed that line of reasoning via the Enumerated Powers clause. And of course those pesky Ninth and Tenth Amendments.

Otherwise James Madison wrote Federalist #45 for naught.

Posted at 21:08 by Chris Wysocki   [/obamacare]   Comments | Perm Link |
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