Tenther News 01-28-13: Nullifying Obamacare, the War on Marijuana and Federal Gun “laws”

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In South Carolina, the State House of Representatives agreed last Thursday not to create a state-run health insurance exchange under the Patient Protection Affordable Care Act, AKA Obamacare.

The GOP-controlled House approved the “State Health Care Freedom Act” (H3096) by a vote of 73-40. The measure serves as an endorsement of Republican Gov. Nikki Haley’s refusal to embrace a key part of the federal health-care legislation that President Barack Obama signed in 2010.

“We agree will we will stand by the governor,” said Rep. Joshua Putnam, a Piedmont Republican who was one of the act’s sponsors.

Haley outlined her position on insurance exchanges in a letter to U.S. Department of Health and Human Services director Kathleen Sebelius just days after Obama’s re-election in November.

Arguing that the provisions in the federal health-care law would give South Carolina little flexibility or control, Haley said in her letter that “our state should not and will not set up a state-based” insurance exchange.

Tony Keck, director of the state Department of Health and Human Services, acknowledged that if the state opts not to act, federal officials will create an insurance exchange where South Carolina residents can choose from competing health-coverage plans.

But Keck also noted that 24 other states have decided not to create their own insurance exchanges for reasons similar to those Haley has cited. “It doesn’t make sense for a state to get involved,” Keck said.

The legislation approved Thursday now will move to the South Carolina Senate.  Track the status of similar legislation in states around the country at http://tracking.tenthamendmentcenter.com/obamacare

In Hawaii, With a 12-plus year fed-defying track record with its medical marijuana program, the Hawaii legislature will consider the next step during the 2013 legislative session – full legalization of pot for recreational use.

House Speaker Rep. Joseph Souki and Rep. Scott Saiki introduced HB150 on Jan. 18. The bill Authorizes persons 21 years of age or older to consume or possess limited amounts of marijuana for personal use.

The legislation completely ignores federal prohibitions on marijuana and the Supreme Court ruling empowering the feds to regulate it, effectively nullifying the unconstitutional federal act.

A companion bill in the Senate, SB738, was introduced at the same time by Sen. Donovan Dela Cruz and garnered eight cosponsors. Senate supporters told the Associated Press legalization was “natural, logical and reasonable.”

Tenth Amendment Center national communications director Mike Maharrey had this to say:

“Issues like this were meant to be dealt with at the state level. Why should some politician thousands of miles away across the Pacific Ocean dictate Hawaii’s marijuana policy? He shouldn’t. And if the Hawaii legislature has the fortitude to follow through with this measure, he won’t,”

Maharrey went on to point out that the push to legalize weed in Hawaii and a similar measure under consideration in New Hampshire,  along with medical marijuana bills pending in several states, indicate the broad scope and bipartisan nature of the nullification movement in the U.S.

“If you listen to the media pundits, you will come away thinking that nullification is just something for bitter, anti-Obama Republicans. But this marijuana bill in Hawaii, and many like it across the U.S., prove that people of every political stripe embrace nullification when it fits their agenda. It’s not about the president, and it’s not some conservative plot to undermine him. It’s about limiting federal government to its constitutionally prescribed role,” he said. “I just wish we could get the left to recognize that resisting an unconstitutional drug war rests on the same foundation as resisting an unconstitutional health care plan, or gun grab and vice versa.”

Track the status of similar legislation in states around the country at http://tracking.tenthamendmentcenter.com/marijuana

On the right to keep and bear arms, more states and communities are standing up in defense of these rights.  New legislation has been introduced in Pennsylvania, Alaska, Mississippi and elsewhere.  And in Franklin County, Indiana, the board of commissioners unanimously passed a 2nd Amendment Preservation ordinance last week.  It reads, in part:

“All federal acts, laws, orders, rules or regulations regarding firearms are a violation of the 2nd Amendment”

The ordinance continues beyond that declaration with the following:

The Franklin County Board of Commissioners declares that all federal acts, laws, orders, rules, regulations – past, present or future – in violation of the 2nd Amendment to the Constitution of the United States are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the Founders and Ratifiers; and are hereby declared to be invalid in this county, shall not be recognized by this county, are specifically rejected by this county, and shall be considered null and void and of no effect in this county.

Recognizing that federal acts almost always require support, logistics and the like from state or local governments, the final portion of the bill is what would give it the most effect in helping protect the rights of the people living there:

It shall be the duty of the Sheriff of this County to take all measures as may be necessary to prevent the enforcement of any federal acts, laws, orders, rules, or regulations in violation of the 2nd Amendment to the Constitution of the United States.

get model legislation ready for introduction in your state, county, city or town: http://tenthamendmentcenter.com/2ndamendmentpreservation

10 for 10: Tenther News is a weekly video report on the top 10th Amendment news around the country. Get 10 minutes (or so) on the 10th, from the Tenth Amendment Center. Live at 10:10 AM (Pacific Time) every Monday at www.youtube.com/tenthamendmentcenter.

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This entry was posted on Monday, January 28th, 2013 at 6:50 am. It is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed.