When sovereign States speak to Obamacare, this is the word they use: Nullification!
The Kentucky Senate and the Kentucky House of Representatives are responsible to, and answerable to the citizens of the Commonwealth of Kentucky and NOT the federal government. Therefore, before each meeting of the House and Senate begins, the Pledge of Allegiance to the Kentucky Flag shall be read: "I pledge allegiance to the Kentucky flag, and to the Sovereign State for which it stands, one Commonwealth, blessed with diversity, natural wealth, beauty, and grace from on High." - Kentucky Revised Statutes, Title 1, Chapter 2, Section 2.035 (Sovereignty and Jurisdiction of the Commonwealth)
As a Kentucky citizen, I urge my government to act now! Will any Kentucky Representative or Kentucky Senator be brave enough to answer this call? We ask that you propose the following Resolution of either the Kentucky Senate or the Kentucky House of Representatives, or make it an Act.
An Act to render null and void certain unconstitutional laws enacted by the Congress of the United States, taking control over the health insurance industry and mandating that individuals purchase health insurance under threat of penalty.
In 2012, the Congressional Budget Office (CBO) projected the Act will require more than $1.7 trillion in gross federal spending over the period 2012–2022, some of which will be offset by penalties and tax increases related to coverage, resulting in net spending of more than $1.2 trillion.
According to the Centers for Medicare and Medicaid Services, by 2019 the Act will increase expenditures on Medicaid and individual subsidies by $165 billion annually.
SECTION 1. The legislature of the Commonwealth of Kentucky finds that:
1. The People of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes, and nothing more.
2. The Tenth Amendment to the United States 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.
3. The assumption of power that the federal government has made by enacting the “Patient Protection and Affordable Care Act” interferes with the right of the People of the Commonwealth of Kentucky to regulate health care as they see fit, and makes a mockery of James Madison’s assurance in Federalist #45 that the “powers delegated” to the Federal Government are “few and defined”, while those of the States are “numerous and indefinite.”
SECTION 2. NEW LAW
A new section of law to be codified in the Commonwealth Statutes as Section [NUMBER] of Title [NUMBER], unless there is created a duplication in numbering, reads as follows:
A. The Legislature of the Commonwealth of Kentucky declares that the federal law known as the “Patient Protection and Affordable Care Act,” signed by President Barack Obama on March 23, 2010, is not authorized by the Constitution of the United States and violates its true meaning and intent as given by the Founders and Ratifiers, and is hereby declared to be invalid in this commonwealth, shall not be recognized by this commonwealth, is specifically rejected by this commonwealth, and shall be considered null and void and of no effect in this commonwealth.
B. It shall be the duty of the legislature of this Commonwealth to adopt and enact any and all measures as may be necessary to prevent the enforcement of the “Patient Protection and Affordable Care Act” within the limits of this Commonwealth.
C. Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a felony and upon conviction must be punished by a fine not exceeding five thousand dollars ($5,000.00), or a term of imprisonment not exceeding five (5) years, or both.
D. Any public officer or employee of the Commonwealth of Kentucky that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding two (2) years or by a fine not exceeding One Thousand Dollars ($1,000.00) or both such fine and imprisonment.
E. Any aggrieved party shall also have a private action against any person violating the provisions of subsections (C) or (D).
The power to regulate commerce among the several states was delegated to the Congress in Article I, Section 8, Clause 3 of the Constitution. As understood at the time of the founding, the regulation of commerce was meant to empower Congress to regulate the buying and selling of products made by others (and sometimes land), associated finance and financial instruments, and navigation and other carriage, across state jurisdictional lines. This power to regulate commerce does not include agriculture, manufacturing, mining, malum in se crime, or land use.
Article I, Section 8, Clause 1 of the Constitution, the “general welfare clause,” is not a blank check that empowers the federal government to do anything it deems good. It is instead a general introduction explaining the exercise of the enumerated powers of Congress that are set forth in Article I, Section 8 of the Constitution of the United States. When James Madison was asked if this clause were a grant of power, he replied with that not only the means but the objects are unlimited, the parchment [the Constitution] should be thrown into the fire at once. Thus, this clause is a limitation on the power of the federal government to act in the welfare of all when passing laws in pursuance of the powers delegated to the United States.
Article I, Section 8, Clause 18 of the U.S. Constitution, is not a blank check that empowers the federal government to do anything it deems is necessary or proper. It is instead a limitation of power under the common-law doctrine of principals and incidents, which allows the Congress to exercise incidental powers. Two main conditions are required for something to be incidental, and thus, necessary and proper. The law or power exercised must be 1) directly applicable to the main, enumerated power (some would say that without it, the enumerated power would be impossible to exercise in current, common understanding), and 2) lesser than the main power.
Several provisions of the Commerce Clause have been stuck down by the U.S. Supreme Court.