Wednesday, March 31, 2010

ObamaCare... What Would Jefferson Do? Nullify For Certain

By: Les Carpenter III
Rational Nation USA


h/t Donald Borsch (for the link)
Conservative Firestorm


With the passage of ObamaCare a question as obvious as the nose on ones face has been raised. The question... Is the government mandate requiring individuals to purchase health insure constitutional?  In response to that question fourteen states to date have answered by filing lawsuits against the federal government.

Article Ten of The Bill of Rights states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states,  are reserved to the states respectfully, or to the people." I have yet to find any wording in the Constitution that grants the federal government the right to force citizens to purchase and product, service, or anything else.

There are indeed many who will point to the "general welfare" clause as empowering the federal government to do almost anything it wished at any in so long as it meets the liberalized view of "the general welfare." This clause, more than any other is responsible for the progressives and liberal New York Lawyers finding ever new and almost limitless federal powers.

James Madison wrote "powers delegated" to the federal government were to be "few and defined." He went on to say those of the states are "numerous and indefinite." Thomas Jefferson in his 1798 Kentucky Resolutions outlined his theory of nullification. Jefferson said in essence that the constitution is a compact between the states where the federal government was granted limited powers. Any powers assumed by the federal government that were not expressly delegated to it in the constitution automatically became null and void. In other words unenforcible.

A proper understanding of our Constitution, and the founders intent based upon their wittings, clearly indicate the right of the people and individual states to "nullify" federal law when the federal government oversteps it delegated powers. Powers as specifically enumerated in the constitution.

The passage of ObamaCare is clearly a usurpation of power by the federal government and nullification as outlined by Jefferson is a proper constitutional option.

The video by the Southern Avenger lays it out well.



You can read the full article here.

Via: Tenth Amendment Center

2 comments:

  1. RN,

    I knew you'd like this!

    Jefferson was amazing, wasn't he?

    ReplyDelete
  2. Jefferson was intelligent, enlightened, and a classical liberal. If only there were a 100 or so million that still shared his ethics in government.

    Our nation would be on firm footing with ethical and rational values that are to be admired.

    But to many in America have sold out.

    ReplyDelete

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