View Full Version : North Dakota Senate Passes Health Care Nullification Bill

02-18-2011, 07:43 PM
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North Dakota Senate Passes Health Care Nullification Bill (http://blog.tenthamendmentcenter.com/2011/02/breaking-news-north-dakota-senate-passes-health-care-nullification-bill/)

Tenth Amendment Center (http://www.tenthamendmentcenter.com/)
February 18th, 2011

BISMARCK, N.D. – In a surprising turnaround, the North Dakota Senate passed a health care nullification bill on Friday.

Nullification appeared dead after the Human Services Committee voted 3-1 to oppose SB2309 (http://www.legis.nd.gov/assembly/62-2011/bill-index/bi2309.html). But Sen. Dick Dever (R-Bismarck) overcame the committee recommendation with a passionate speech on the Senate floor.

“He spoke beautifully without notes except for quoting the Tenth Amendment,” Sen. Margaret Sitte (R-Bismarck), a bill co-sponsor said.

The revised version of SB2309 passed 27-19.

The bill was significantly altered and somewhat watered down, but retained the spirit of nullification. And it opens the door for the North Dakota legislature to take further steps to prevent implementation of the federal health care act in the state.

1. The legislative assembly declares that the federal laws known as the Patient Protection and Affordable Care Act [Pub . L. 111 - 148] and the Health Care and Education Reconciliation Act of 2010 [Pub . L. 111 - 152] are not authorized by the United States Constitution and violate its true meaning and intent as given by the founders and ratifiers.
2. The legislative assembly shall consider enacting any measure necessary to prevent the enforcement of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 within this state.

The Tenth Amendment Center formulated the model legislation upon which the original North Dakota bill was based, and the Center pitched in with some intellectual muscle during process, providing lawmakers with information on the historical and philosophical basis for nullification.

TAC communications director Mike Maharrey said he was thrilled with the legislative victory, even though the final bill ended up somewhat altered.

“We really thought this was dead in the water. But Sen. Sitte, Sen. Dever and the other supporters of nullification refused to give up,” he said. “It’s really exciting to see elected officials fight so hard. They did exactly what James Madison envisioned – interposed on behalf of the people of North Dakota and said, ‘No!’ to unconstitutional federal overreach. I hope their tenacity and boldness serves as an example for lawmakers in other states.”


The Tenth Amendment Center has released the Federal Health Care Nullification Act (http://www.tenthamendmentcenter.com/legislation/federal-health-care-nullification-act/), which directly nullifies the “Patient Protection and Affordable Care Act” on a state level. Click here (http://www.tenthamendmentcenter.com/legislation/federal-health-care-nullification-act/) to learn more about the bill. CLICK HERE (http://www.tenthamendmentcenter.com/nullification/health-care-nullification-act/) to track the Nullification Act in states around the country.



http://www.ohiofreedom.com/wp-content/uploads/2010/12/cover_null_lg-195x300.jpg (http://www.amazon.com/gp/product/1596981490?ie=UTF8&tag=libert0f-20&linkCode=as2&camp=1789&creative=390957&creativeASIN=1596981490)

Nullification: How to Resist Federal Tyranny in the 21st Century (http://www.amazon.com/gp/product/1596981490?ie=UTF8&tag=libert0f-20&linkCode=as2&camp=1789&creative=390957&creativeASIN=1596981490)
- Thomas E. Woods Jr

State vs. Federal: The Nullification Movement (http://www.thenewamerican.com/index.php/usnews/constitution/2957-state-vs-federal-the-nullification-movement)

Because the Supreme Court has for many years interpreted the Constitution in a manner to further empower the federal government, states are moving to take power back from the feds through a growing and vibrant nullification movement. By Patrick Krey

Nullification in a Nutshell (http://www.thenewamerican.com/index.php/history/american/2971-nullification-in-a-nutshell)

The modern-day nullification movement has as its genesis the principle of federalism and the writings of James Madison and Thomas Jefferson, in particularly the famous Kentucky and Virginia Resolutions of 1798, supporting the right of states to nullify unconstitutional federal usurpations. By Patrick Krey

02-18-2011, 07:54 PM
How many states have passed acts like this already?

02-18-2011, 08:02 PM
How many states have passed acts like this already?

On Wednesday, February 16, the Idaho House became the first state legislative body to pass a nullification bill to nullify ObamaCare entirely within a state based on the Tenth Amendment of the Constitution.

Idaho House First to Nullify ObamaCare (http://www.jbs.org/component/content/article/1009-commentary/6639-idaho-house-first-to-nullify-obamacare)

John Birch Society (http://www.jbs.org/)
18 February 2011

Other States:

Meanwhile there are at least eleven other states which have introduced ObamaCare nullification measures. Here they are with their corresponding bill numbers (with links to full-text): Texas (HB297 (http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=HB297)), Montana (SB161 (http://data.opi.mt.gov/bills/2011/billhtml/SB0161.htm)), Wyoming (HB0035 (http://legisweb.state.wy.us/2011/Introduced/HB0035.pdf)), Oregon (SB498 (http://www.leg.state.or.us/11reg/measures/sb0400.dir/sb0498.intro.html)), Indiana (SB505 (http://www.in.gov/legislative/bills/2011/IN/IN0505.1.html)), Maine (LD58 (http://www.mainelegislature.org/legis/bills/bills_125th/billtexts/HP005101.asp)), Nebraska (LB515 (http://nebraskalegislature.gov/FloorDocs/Current/PDF/Intro/LB515.pdf)), Oklahoma (HB1276 (http://webserver1.lsb.state.ok.us/2011-12HB/HB1276_int.rtf)), New Hampshire (HB26 (http://www.gencourt.state.nh.us/legislation/2011/HB0126.html)), South Dakota (HB1165 (http://legis.state.sd.us/sessions/2011/Bill.aspx?File=HB1165P.htm)), and North Dakota (SB2309 (http://www.legis.nd.gov/assembly/62-2011/documents/11-0742-02000.pdf)).

12 States Have Bills to Nullify ObamaCare Entirely (http://www.jbs.org/component/content/article/1009-commentary/6613-12-states-have-bills-to-nullify-obamacare-entirely)

As of today, at least one dozen states have already introduced nullification bills to nullify the entire ObamaCare law, which is a healthy start toward restoring federalism and states' Tenth Amendment powers as original parties to the compact that created the federal government in the first place.

02-18-2011, 08:05 PM
Ok good, so we're got 2 so far. Have the governors signed the bills into law? Will there be opposition from them?

02-18-2011, 09:10 PM
Ok good, so we're got 2 so far. Have the governors signed the bills into law? Will there be opposition from them?

After the Florida Judge declared ObamaCare Unconstitutional (http://www.ronpaulforums.com/showthread.php?280245-Alaska-Governor-Refuses-to-Enact-ObamaCare), states now have the courage to Nullify the Health Care Mandates.