An Oregon bill to nullify ObamaCare

[pjohns]

An Oregon legislator is now sponsoring legislation that would, if passed, effectively nullify ObamaCare within the borders of the state of Oregon.


From Heartland magazine:

Oregon State Sen. Brian Boquist has introduced legislation that would make enforcement of President Obama’s health care law a felony in the state, punishable by up to five years in prison for federal employees.

Boquist (R-Dallas) would make enforcement of Obama’s law a misdemeanor, with possible jail time, for state employees. ...

The proposed law, pushed by the Oregon 10th Amendment Center, looks to nullify the act and declare it unconstitutional. The 10th Amendment Center is pushing for nullification of Obamacare through measures like Boquist’s, in response “to a rebellious federal government that refuses to act within its constitutional limits,” center spokesman Mike Maharrey said.

“It’s time for the states to put a check on illegitimate federal power,” Maharrey said.

Here is the link: Oregon Bill Would Make Obamacare Enforcement Criminal Offence | Heartlander Magazine (http://news.heartland.org/newspaper-article/2013/03/06/oregon-bill-would-make-obamacare-enforcement-criminal-offence)

As Rep. Boquist has himself admitted, this legislation probably stands very little chance of passing. Still, it may help to bring attention to the matter.

And one would hope--quite fervently, in fact--that something similar might be brought into existence, and indeed pass the state legislatures in other states...

[Chris]

I wish more states would exert their powers like this. There was lot of talk of nullification a ways back, but no action that I'm aware of.

[Captain Obvious]

I don't think this can be done at the state level - negate a federal law.

Like the federal minimum wage. States can adopt higher minimums, but I don't think they can just pass a law saying "there is no minimum wage".

[gamewell45]

I'm wondering if states were to nullify ObamaCare, would the Feds then cut off all medicade/medicare programs for those states choosing not to go with ObamaCare?

[Chris]

I'm wondering if states were to nullify ObamaCare, would the Feds then cut off all medicade/medicare programs for those states choosing not to go with ObamaCare?

As I understand it, yes.

As I understand it the states can reject Obamacare, or at least parts of it, but then they lose all sorts of funding.

[Chloe]

No way it passes though. At least not here.

[Chris]

No way it passes though. At least not here.

Why? Just askin'.

[Chloe]

Why? Just askin'.

Because the state overwhelmingly voted for president obama.

[Chris]

Because the state overwhelmingly voted for president obama.

Why? Just askin'. What reasons? I'd thought Oregon more conservative.

[Chloe]

Why? Just askin'. What reasons? I'd thought Oregon more conservative.

I don't really know why, I haven't really followed the state's politics as a whole for that long. I first started to get interested in politics a few years ago and really it was more based on my wants and stuff and not like state or national politics. I don't know about conservative but Oregon tends to lean more democrat or libertarian, and some green. It just kind of depends on where you are in the state.

[Chris]

I don't really know why, I haven't really followed the state's politics as a whole for that long. I first started to get interested in politics a few years ago and really it was more based on my wants and stuff and not like state or national politics. I don't know about conservative but Oregon tends to lean more democrat or libertarian, and some green. It just kind of depends on where you are in the state.

Yea, same here, generally if you live in the three major population centers--Dallas, Houston, Austin/San Antonio you're likely liberal, elsewhere conservative, the governor's a social con, the legislature leans Democrat. Anyway, just wondering.

[Peter1469]

Because the state overwhelmingly voted for president obama.


How are you going to pay for it?

[Captain Obvious]

How are you going to pay for it?

You answered your own question.

[pjohns]

I don't think this can be done at the state level - negate a federal law.


Well, not if one accepts the theory of the supremacy of the federal government, as if it were the states' overlord.

In my experience, Article VI fetishists--who are ever at the ready to invoke the "Supremacy Clause"--tend to ignore the Tenth Amendment. (You know: the one that declares that "[t]he 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.")

I would thoroughly support the states' ignoring the federal courts' rulings--yes, including the rulings of the SCOTUS--whenever state legislators consider those rulings to be in conflict with sound constitutional reasoning...

[pjohns]

I'm wondering if states were to nullify ObamaCare, would the Feds then cut off all medicade/medicare programs for those states choosing not to go with ObamaCare?

That is an excellent point. And I believe that this would likely be the Obama administration's reaction.

The proper response to which, I believe, would be for those states to immediately pass laws that would make it a felony for any employer, within state boundaries, to withhold Medicare tax (and perhaps even FICA) from any employee's paycheck; and then enforce those laws, vigorously...