Earlier we reported that the state of Michigan haspassed a law that would effectively nullify Obama’s “indefinite detention” power that the National Defense Authorization Act for 2014 gave him, preventing state agencies or officers from enforcing the law.
We also noted how states like South Carolina and Georgia are passing laws that would prohibit states from enforcing or implementing any part of Obamacare using state resources. This would effectively gut the law by forcing the federal government to devote more resources to implementing it.
Now, the state of Missouri is taking similar action, looking to consider a bill this month that would disallow any action that would “compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system.” This means that by law the state could not run a health-care exchange for the federal government.
The bill goes a step further, providing for the suspension of the licenses of insurers who take federal subsidies which would result “imposition of penalties contrary to the public policy” as set forth by the Missouri bill. This should keep the insurance providers from taking any subsidies, meaning that no employer in the state could be hit with the employer-mandate penalties that are triggered by the subsidies.
The basis of these actions is what’s known as the “anti-commandeering” doctrine, or the notion that Congress cannot “commandeer” state resources to enforce federal law. This has been supported by Supreme Court case law.
The Tenth Amendment Center writes
Following significant portions of the Tenth Amendment Center’s four-step plan to nullify Obamacare on a state-level, Fox News Senior Judicial Analyst Judge Andrew Napolitano noted that such actions were not just legal, but effective.“If enough states do this, it will gut Obamacare because the federal government doesn’t have the resources…to go into each of the states if they start refusing,” he said.Based on the long-standing principle known as the anti-commandeering doctrine, the legislation is on strong legal grounds. In four major cases from 1842 to 2012, the Supreme Court has consistently held that the federal government cannot “commandeer” states, requiring them to enforce or expend resources to participate in federal law or regulatoryprograms .Tenth Amendment Center national communications director Mike Maharrey suggested that a large-scale effort would be coming. “Our sources tell us to expect at least ten states moving in this direction in the coming months. But that will only come true if people start calling their state representatives and senators right now. State lawmakers need to know they should introduce bills to ban the state from participating in any Obamacare programs.”
This is great news. The fight against federal tyranny must begin with the states, which are the foundation of the Republic. We need more states to get on board with this type of action so that we can get rid of Obamacare.
Please recommend and share this article with friends, family, and especially your state representatives to spread the word about how states can fight back against Obamacare.
http://conservativetribune.com/michigan-nullifies-indefinite-detention/
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