At what point do our Elected Public Officials, become Federal Administrators?
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SCA has Moved
Stevens County Assembly has a new website at: www.StevensCountyAssembly.com. Republic Assembly (RepublicAssembly.com) will continue to be an education website; will now focus more on National issues. Whereas, the new Stevens County Assembly website (www.StevensCountyAssembly.com) will be more Stevens County and Washington orientated.
President Obama's signature accomplishment to date, the Obamacare health care reform law that is just a year old, twice has been ruled unconstitutional by federal judges, and it is expected eventually to be decided by the U.S. Supreme Court.
But it's now taken another shot across the bow, in a vote in the North Dakota legislature where lawmakers determined it "likely" is unconstitutional and "may violate its true meaning and intent as given by the founders."
The lawmakers decided that "no provision of the Patient Protection and Affordable Care Act or the Health Care and Education Reconciliation Act of 2010 may interfere with an individual's choice of a medical or insurance provider except as otherwise provided by the laws of this state."
According to officials with the Tenth Amendment Center, the law adopted by the legislature and signed yesterday by Gov. Jack Dalrymple is a modification of model legislation it has offered a number of states under the title of the Federal Health Care Nullification Act.
That simply provides that the Tenth Amendment to the U.S. Constitution "defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves."
In North Dakota, the new law explains, "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] likely are not authorized by the United States Constitution and may violate its true meaning and intent as given by the founders and ratifiers."
It continues, "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 legislative report on the bill, SB 2309, notes it was introduced first in the state Senate on Jan. 24 and approved by the body on Feb. 18. It struggled through House committees, and ultimately earned approval in the Senate 32-15 and in the House 69-24. The governor signed it yesterday.
It also requires, "No provision of the Patient Protection and Affordable Care Act or the Health Care and Education Reconciliation Act of 2010 may interfere with an individual's choice of a medical or insurance provider except as otherwise provided by the laws of this state."
Officials with the Tenth Amendment Center noted that it was Thomas Jefferson who said a state's action that would leave a federal requirement void in a state is "the rightful remedy" to unconstitutional acts by the federal government.
James Madison also was cited, in his Virginia Resolution of 1798, where he said: "That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are ... duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them."
To the argument that no one can override federal law, the center argues simply that the Founders agreed the federal government would only be able to exercise those powers delegated in the Constitution, and that anything beyond that was not really a law at all.
"For a federal law to be supreme, it must be made in pursuance of a power delegated to the federal government in the Constitution. If not, it's no law at all, and state law is supreme," the center explains.
"For people who are sick and tired of being told by the federal government what size toilet to have, what kind of light bulbs to use and what kind of fine they'll pay for not buying a health insurance plan, there's been a lot of shots across the bow the last few years," Michael Boldin, founder of the Tenth Amendment Center, told WND.
"By signing this nullification act, Gov. Dalrymple and the people of North Dakota have responded with the first full retaliatory strike in what will likely be a long struggle by the people to restore the proper balance of power under the Constitution. Like James Madison told us – the powers reserved to the states and people are 'numerous and indefinite...' while those delegated to the federal government are 'few and defined.'"
Already eight states have passed Firearms Freedom Acts which simply say firearms made, sold and kept in the state are free from federal regulation, and more than a dozen others states are using the 10th Amendment ideals to defy various federal laws on marijuana.
The Real ID Act of 2005 has faced such resistance it's effectively useless and another five states are considering measures to nullify TSA groping and body scanning.
WND recently reported on Obama's plans to expand the power of his Obamacare Independent Payment Advisory Board, which is to be an unelected, unaccountable board that controls payments for seniors medical care.
Critics have described it as the ultimate "death panel" because of the authority it would have – even over Congress and the courts – to determine what care is paid for and what isn't.
U.S. Rep. Michael Burgess, author of the new book "Doctor in the House" on the nationalization of health care, said the IPAB was a bad idea when ex-Sen. Tom Daschle, D-S.D., proposed it and voters removed him from office, and it hasn't gotten better.
"Now for the first time ever the primary party for health care for seniors, Medicare, is going to be able to tell you what kind of care you can get, where and when you can get it and worst of all, when you've had enough," he told WND.
"If all you're looking to do is be able to figure how to take care of old people cheaply, this is the way to go," he said. "If what you want to provide is meaningful medical care, why would you set up or embellish a system that leads to waiting lists and rationing?"
Citing Obama's recent comments, he said the board will become "the central command and control system" and the "primary tool" to limit, ration, reduce or restrict treatments.