Obamacare sparking 10th Amendment rebellion, action in seven states | Washington Examiner
By: Mark Tapscott
Editorial Page Editor
12/22/09 6:01 PM EST
Looks like the steadily growing list of constitutional, ethical and political outrages that constitute the Harry Reid version of Obamacare is sparking a rebellion in the states, as AP reports South Carolina's attorney general plans to investigate the vote-buying that surrounded the proposal in the Senate majority leader's office.
According to AP, South Carolina's Henry McMaster is being joined by the attorneys general of Michigan and Washington state in a suit to determine the constitutionality of the Obamacare proposal. Their initiative was prompted by a request from South Carolina's two senators, Lindsay Graham and Jim DeMint, both Republicans.
Attorneys-general in at least four other states are also considering joining McMasters, according to AP. A move by a group of states to challenge the constitutionality of Obamacare could reinvigorate the efficacy of the 10th Amendment, which reserves to the states or the people all rights not specifically granted to the federal government.
Graham has been all over cable news today visibly angry about the vote-buying by Reid that secured the votes of Senators Mary Landrieu of Louisiana, Ben Nelson of Nebraska, and Bernie Sanders of Vermont, as well as possibly other senators as yet unknown.
DeMint has also been active, especially on the issue of the Reid amendment's provision seeking to bar future congresses from changing even a single word of Section 3403 on the Independent Medicare Advisory Board (IMAB).
The IMAB will become the federal health care ground zero under Obamacare if it becomes law. Ed Morrissey at Hot Air has a link to DeMint's floor speech on the issue and additional information, analyses, and links.
Nelson's deal with Reid has attracted the most attention because it exempts Nebraska from paying its share of Medicaid expenses in perpetuity. Medicaid expenditures are among the most expensive federal mandates on state governments, and the Obamacare bill will significantly increase costs for all other states that don't somehow wangle a similar deal.
It also raises a constitutional issue, which McMasters explained in a statement issued earlier today:
"The Nelson provision is unusual in that there is not cut off date or phase out. Many provisions in federal law have a sunset date -- say 2, 5, 10, or even 20 years-- but this provision will continue in perpetuity. Quite obviously, this issue raises very serious concerns about equity, tax fairness as well as the constitutionality of having federal tax levies and mandates that treat one state differently from all the others.
"If the Nelson provision is not unprecedented, I feel comfortable in saying it is an exceptionally rare occurrence. States generally are treated in a similar manner. In this case, Nebraska will be treated in a widely divergent manner than any other state.
"Beginning today, I have instructed my attorneys to begin looking into the constitutionality of this provision and exploring the options that may be available to South Carolina and other states to defend taxpayers should this provision ultimately become law."
My colleague David Freddoso wonders what might happen if the governors of states bordering Nebraska - Kansas, Colorado, Wyoming, Iowa, and Missouri - announce that they are no longer funding their Medicaid programs and encourage those needing Medicaid services to visit the Cornhusker state.
Thanks for posting.
The destruction the Obama administration is doing is historic, but both parties have done a number on the US. It is a shame people did not wake up to this fact prior to the country being looted, raped, and sold out.
History Quiz: American Presidents by Clyde Wilson
History Quiz: American Presidents
by Clyde Wilson
by Clyde Wilson
Recently by Clyde Wilson: Nullification Reconsidered
This is a take-home quiz. Please grade yourself.
- What American President launched a massive invasion of another country that posed no threat, and without a declaration of war?
- What President raised a huge army at his own will without the approval of Congress?
- What President started a war of choice in violation of every principle of Christian just war teaching?
- What President said that he had to violate the Constitution in order to save it?
- What President declared the elected legislatures of thirteen States to be "combinations" of criminals that he had to suppress?
- What President said he was indifferent to slavery but would use any force necessary to collect taxes?
- What President sent combat troops from the battlefield to bombard and occupy New York City?
- What President sent the Army to arrest in the middle of the night thousands of private citizens for expressing their opinions? And held them incommunicado in military prisons with total denial of due process of law? And had his soldiers destroy newspaper plants?
- What President was the first ruler in the civilized world to make medicine a contraband of war?
- What President signed for his cronies special licenses to purchase valuable cotton from an enemy country even though he had forbidden such trade and punished other people for the same practice?
- What President refused medical care and food to his own soldiers held by the enemy country?
- What President presided over the bombardment and house-by-house destruction of cities and towns that were undefended and not military targets?
- What President’s forces deliberately targeted women and children and destroyed their housing, food supply, and private belongings?
- What President’s occupying forces engaged in imprisonment, torture, and execution of civilians and seizing them as hostages?
- Under what President did the Army have the largest number of criminals, mercenaries, and foreigners?
- Who was the first American President to plot the assassination of an opposing head of state?
- Who had the least affiliation with Christianity of any American President and blamed God for starting the war over which he presided?
- What President voted for and praised a law which forbade black people from settling in his State?
- What President said that all black people should be expelled from the United States because they could never be full-fledged citizens?
- What President was the first to force citizens to accept as legal money pieces of paper unbacked by gold or silver?
- Who was the first President to institute an income tax?
- Who was the first President to pile up a national debt too vast to be paid off in a generation?
- Who is considered almost universally as the greatest American President, indeed as the greatest American of all times and as a world hero of democracy?
- What predecessor is President Obama most often compared to?