Monday, January 24, 2011

Nullify Obamacare?

Yep, you read that correctly.  Several states, including my beloved Texas, are proposing to nullify the federal legislation known as Obamacare.  Texas is going a step further and imposing penalties and possible jail time for any individual seeking to enforce any federal, statute, law, or regulation related to the Act.  Wow. 

The big question is: can a state nullify Congressional acts?  Perhaps the answer to this question isn’t so distant.  Should the courts rule Obamacare constitutional, expect Texas and many other states to march ahead with nullification efforts.  These, too, will be tested by the courts, and the outcome could be contentious.

There must be a limit to federal power; the tenth amendment recognizes this fact.  And I don’t trust the federal government to say when that limit has been reached, because the plutocracy in Washington isn’t in the business of relinquishing power.

Here’s the link to the Texas bill on nullification.


  1. See Tom Woods' book "Nullification."

  2. I think I would like his book. We are a nation of laws – I’ve heard this statement numerous times from many distinguished people. And for the most part, it’s all well and good that we abide by these rules (don’t kill your neighbor, don’t steal, don’t run red lights, etc.). However, blind obedience by the masses gives the state an opportunity, a foothold, to abuse our loyalty to the law.

    If the commerce clause can be so construed to allow Congress to compel all citizens to purchase a product, then there is effectively no limit to federal power. The proper response to a court ruling concurring with this interpretation of the CC is for the states to nullify the legislation. If all (a majority will suffice) Texans ban together and accept their state’s nullification effort, what can the feds do? And if a dozen or so states act in similar fashion, what then? I’m not advocating anarchy, but unless states begin to address federal encroachment into their sovereign matters, don’t expect the pace of federal legislation to slow.