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Ohio Should Vote to Nullify ObamaCare
Columbus Dispatch | Robert Owens for Ohio Attorney General
September 25, 2010
President Barack Obama’s health-care overhaul violates the U.S. Constitution. The federal government is granted limited and enumerated powers as specified in Article 1, Section 8 of the U.S. Constitution.
When the federal government passes laws that are not authorized in Article 1, Section 8, those laws violate the 10th Amendment to the Constitution. In such cases, a state properly and legally can nullify the federal law, making it unenforceable in the borders of that state.
Nullification is being used against federal legislation called the Real ID law, and Ohio should act now to nullify Obamacare. The 10th Amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” When a state nullifies a federal law, it is proclaiming that the law in question is void and inoperative, or noneffective, within the boundaries of that state, or, in other words, not a law as far as the state is concerned, per the 10th Amendment of the U.S. Constitution.
Nullification has a long and interesting history in American politics and originates in the Virginia and Kentucky Resolutions of 1798. These resolutions, written by Thomas Jefferson and James Madison, asserted that the people of the states, as sovereign entities, could judge for themselves whether the federal government had overstepped its constitutional bounds — to the point of ignoring federal laws.
We must remember that after the Revolutionary War, King George III recognized the independence of 13 states, not one country. Those 13 states surrendered only a small part of their sovereignty to a national government, which was strictly limited in the things that it could do.
In recent years, dozens of states have introduced nullification-type legislation to stop Real ID, to affirm the 10th Amendment, to reject federal firearms laws for guns manufactured, sold and used intrastate (known as the Firearms Freedom Acts) and to reject a federal mandate to buy health-care insurance.
It was just a handful of states that took a stand against various aspects of the Real ID law, and, as a result, that federal program effectively has been stopped.
I pledge to litigate against the federal government on this issue, but the fastest way to begin stopping Obamacare would be to persuade state legislators to introduce and pass nullification acts for the entire Obamacare law in early 2011.
If a majority of states would nullify Obamacare, the pressure on Congress to repeal it would be overwhelming.
ROBERT M. OWENS
Constitution Party candidate
for Ohio attorney general
Delaware, Ohio
SOURCE:
http://www.dispatch.com/live/content...obamacare.html
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