Texas has the opportunity to take matters into its own hands.

Opposition to the Patient Protection and Affordable Care Act, with its embedded health insurance mandates, has stirred a widespread revival of interest in the Tenth Amendment and state sovereignty issues.

The passage of the health care act opened the eyes of many previously apathetic citizens, making them aware of the rapidly expanding scope and influence of the federal government and its intrusiveness into  their everyday lives. They intuitively understand that requiring them to purchase health insurance falls far beyond the powers granted to Congress by the Constitution. Suddenly awake and alarmed by the fact that the federal government has grown so far out of control, and frustrated by what they see as the lack of responsiveness by politicians in D.C., many Americans find themselves looking for answers.

And they are turning to their states.

Fourteen states have sued, seeking to block implementation of the unconstitutional health care act. Twelve states, led by Florida Attorney General Bill McCollum filed in federal court in Pensacola.

“The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying health care coverage,”  the lawsuit states.

But some states are asserting their own authority to block unconstitutional acts, recognizing that federal courts don’t stand as the sole arbiter of constitutionality.

On Nov. 16, Texas Representative Leo Berman (R-Tyler) filed a bill in the Texas House of Representatives that would nullify federal health care legislation in the the Lone Star State. HB-297 asserts:

The federal Act is not authorized by the United States Constitution and violates the Constitution’s true meaning and intent as expressed by the founders of this country and the ratifiers of the Constitution.
The federal Act:
(1)  is invalid in this state;
(2)  is not recognized by this state;
(3)  is specifically rejected by this state; and
(4)  is null and void and of no effect in this state.

The bill takes things a step further, making it a crime for any official, agent, or employee of the United States or an employee of any corporation to enforce any part of the health care act in Texas, and imposes fines up to $5,000  and/or five years in prison for anyone convicted of doing so.

While some might call this legislation radical, it rests squarely within the scope of state power as understood by the framers of the Constitution. James Madison wrote in the Virginia Resolution of 1798 that states not only have a right, but a duty to step in when the federal government oversteps its authority.

That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.

Tenth Amendment Center founder Michael Boldin said that Berman’s bill does not represent an extreme viewpoint and insists each state should determine the best path for its own citizens.

“There is nothing more extreme than having a federal government that refuses to abide by the laws that we the people of the several states delegated to it in the Constitution,” he said. “The important point here is that it’s up to the people of each state to determine what the best response may be. One state, as Wyoming did with its Firearms Freedom Act, may decide that penalties on federal agents is the rightful response.  Another, such as California with medical marijuana, may choose to create an environment conducive to non-compliance by masses of people. Either way – or somewhere in between – that’s the beauty of the American system. We can have widely varying actions, responses and viewpoints in different states while all living together in peace. One-size-fits-all solutions are actually the problem, and state-by-state decision-making is the natural response.”

Berman said that his bill faces an uphill battle as long as the current Texas House leadership remains in place. The legislation will likely end up bottled up in committee.

“The best chance for passage is to get rid of the current Speaker,” Berman said.

That speaker is Rep. Joe Straus (R – San Antonio)

Straus did not respond to an email request for comment.

Despite the fact that the bill faces long odds for passage, Boldin said introducing this type of legislation remains important,

“Whether or not there’s any guarantee of getting something passed is no reason to not do what’s right,” he said. “Champions look at insurmountable odds and take them on with passion, and that’s what We the People need to do in defense of our liberty.”

And its about baby steps. Boldin said he views the dismantling of an overreaching, bloated federal government a long-term project.

“Dealing with a constitutional monstrosity like Obamacare is going to take time. In the mid-90s, people around the country were saying that it was absurd for California to go it alone and try to pass a medical marijuana law. But they did, and today, we  see 15 states openly defying the federal government on this issue,” he said. “The blueprint is straightforward – when enough people say no to the federal government and enough states do so as well, there’s not much that the feds can do to enforce their unconstitutional ‘laws’ on us.”

Madison agreed, Writing in Federalist 46, he laid out the blueprint for constraining overreaching federal power.

“Should an unwarrantable measure of the federal government be unpopular in particular States, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps refusal to cooperate with officers of the Union, the frowns of the executive magistracy of the State; the embarrassment created by legislative devices, which would often be added on such occasions, would oppose, in any State, very serious impediments; and were the sentiments of several adjoining States happen to be in Union, would present obstructions which the federal government would hardly be willing to encounter.”

Texas has taken the first step. Now the people of Texas need to rise up and insist on passage of the bill. Ultimately, the people’s voice will carry the day.

The question remains, will they speak?

EDITOR’S NOTE: Texas is the first state to see the Federal Health Care Nullification Act introduced. Sources close to the Tenth Amendment Center tell us to expect up to 10 other states considering such legislation in the 2011 legislative session. CLICK HERE – to learn more about the bill and track progress of the act around the country.

Article brought to you by Tenth Amendment Center.

1. Sound Money Resolution
2. Legal Tender Act

1. Ask if your Sheriff will become an Oath Keeper.  Oath Keepers is a nonprofit organization started by Stewart Rhodes (attorney and Army veteran) which advocates that its members (current and former military and law enforcement) uphold the Constitution of the United States should they be ordered to violate it.
2. Invite your Sheriff to publicly reaffirm his oath to uphold and defend the Constitution of the United States and your respective state.
3. Give your Sheriff a copy of former Sheriff Richard Mack’s book The County Sheriff, America’s Last Hope.
4. Ask your Sheriff if he has a local “Safety Committee” or similar group, which is the modern day version of a posse and what the requirements are to join.[viii] Become engaged with the local Sheriff’s office, it will help them with critical manpower needs and, it will give you an opportunity to try and influence this critical link in our governmental chain.

Summary

1. Reclaim State Sovereignty through key Nullification Legislation
2. Erect an Impenetrable Barrier around the 2^nd Amendment and the County Sheriff
3. Restore Sound and Honest Money
4. Introduce 10^th Amendment Initiatives
5. Help your Sheriff become an Oath Keeper

1. State Sovereignty Resolution
2. Health Care Freedom Act
3. Energy Freedom Act
4. Right to Constitutional Government Act
5. Federal Tax Escrow Account
6. Fire Arms Freedom Act
7. Right to Protection Act
8. Sheriff First Act
9. Sound Money Resolution
10. Legal Tender Act

Article brought to you by Tenth Amendment Center.

To restore the American people’s freedom to choose the health insurance that best meets their individual needs by repealing the mandate that all Americans obtain government-approved health insurance.

IN THE HOUSE OF REPRESENTATIVES

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “End the Mandate Act of 2010.”

SEC. 2. REPEAL OF INDIVIDUAL AND EMPLOYER MANDATES ENACTED BY PATIENT PROTECTION AND AFFORDABLE CARE ACT.

(a) PATIENT PROTECTION AND AFFORDABLE CARE ACT.-Effective as of the enactment of the Patient Protection and Affordable Care Act, subtitle F of title I of such Act, as amended by title X of such Act, is hereby repealed.

(b) HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010.-Effective as of the enactment of the Health Care and Education Reconciliation Act of 2010, sections 1002 and 1003 of such Act are hereby repealed.

Whether it’s a correctly called a movement, a backlash or political theater, state declarations of their rights — or in some cases denunciations of federal authority, amounting to the same thing — are on a roll.

Gov. Mike Rounds of South Dakota, a Republican, signed a bill into law on Friday declaring that the federal regulation of firearms is invalid if a weapon is made and used in South Dakota.

On Thursday, Wyoming’s governor, Dave Freudenthal, a Democrat, signed a similar bill for that state. The same day, Oklahoma’s House of Representatives approved a resolution that Oklahomans should be able to vote on a state constitutional amendment allowing them to opt out of the federal health care overhaul.

In Utah, lawmakers embraced states’ rights with a vengeance in the final days of the legislative session last week. One measure said Congress and the federal government could not carry out health care reform, not in Utah anyway, without approval of the Legislature. Another bill declared state authority to take federal lands under the eminent domain process. A resolution asserted the “inviolable sovereignty of the State of Utah under the Tenth Amendment to the Constitution.”

Some legal scholars say the new states’ rights drive has more smoke than fire, but for lawmakers, just taking a stand can be important enough.

“Who is the sovereign, the state or the federal government?” said State Representative Chris N. Herrod, a Republican from Provo, Utah, and leader of the 30-member Patrick Henry Caucus, which formed last year and led the assault on federal legal barricades in the session that ended Thursday.

Read the rest.

House Democrats want the CFPA to be an independent agency, but Republicans are opposed. As a result, Senators Chris Dodd and Bob Corker are thinking of making it an arm of . . . the Federal Reserve!

Both Democrats AND Republicans are missing the point. Only Congress – not unelected bureaucrats – should have power to write and pass laws. Please tell Congress to oppose the creation of the CFPA and tell them to introduce the Write the Laws Act (WTLA) instead.

You may borrow from or copy this letter . . .

I’m upset that Congress is considering the creation of a new regulatory agency, the Consumer Financial Protection Agency (CFPA). The CFPA would do more harm than good…

• it will regulate to supposedly protect consumers
• whereas other federal regulators are charged with protecting the health and solvency of these same institutions
• these differing objectives will lead to conflicting regulations
• that will cause harm to both consumers and the industry itself

And the CFPA is unnecessary…

• existing agencies already have consumer protection powers
• members of Congress claim these agencies haven’t regulated adequately or wisely, HOWEVER
• there’s no evidence that yet another new regulatory body will do any better

You, the members of Congress, have ultimate responsibility for policy. You can restrain the bureaucrats, and you can give them specific instructions. New bureaucracies are not needed; instead, Congress must assume its Constitutional responsibility for ALL regulations.

Frankly, I do not believe any new regulations are needed. If you abolished the Fed, granted free competition in currency, and allowed free banking, the market would regulate itself according to the demands of the people. But if you are convinced that federal regulations are needed, the least you can do is follow the Constitution!

• the Constitution reserves legislative power – including regulatory power - in YOU, not in unelected bureaucrats
• write specific legislation, with no details left to the bureaucrats
• Executive Branch agencies should be charged only with enforcing regulations, not with writing them

I therefore insist that you oppose the creation of the CFPA. Instead, introduce the Write the Laws Act.

A final note: I am particularly insulted by the proposal to make the CFPA an arm of the Federal Reserve. All 317 House members and 32 Senators who co-sponsored the Audit the Fed bills must be insulted, too. Please do everything in you can to prevent the expansion of the Fed’s powers.

Via DownsizeDC.org

Here are the highlights …

The Greek government is the latest to come close to default on their massive public debt. Greece has insufficient funds in their treasury to make even the minimum payments that are now coming due. Their debt level is about 120 percent of their gross domestic product and their public sector absorbs… 40 percent of GDP.

Any talk of cutting costs and spending is met with violent protests from the many Greeks heavily dependent on government payments.

Mounting fears of default sent shockwaves through their creditors and all of the eurozone countries. The European Central Bank (gave) assurances that Greece will get the aid it needs.

Is it possible that our Federal Reserve has had some hand in bailing out Greece? We don’t know, and current laws exempt agreements between the Fed and foreign central banks from disclosure or audit.

Greece is only the latest in a series of countries that have faced this type of crisis. Not too long ago the same types of fears were mounting about Dubai and Iceland. Several other countries (Spain, Portugal, Ireland, Latvia) are approaching crisis levels with public debt as well.

Many have strong ties to Goldman Sachs and the case could easily be made that default could have serious implications for big US banking cartels.

Considering the ties between the Fed and these big banks, is it outlandish to wonder if the US taxpayer is secretly bailing out the entire world, country by country? Unless laws are changed to allow a complete and meaningful audit of the Federal Reserve, including its agreements with foreign central banks, we might never know.

The American people have the right to know if they are going to be the ones holding the bag in the end because the Federal Reserve secretly put them on the hook for it.

This knowledge would be a key factor in peacefully dismantling this immoral and unconstitutional system.

Please, join Dr. Paul in support of the Audit the Fed bill. Use DownsizeDC.org’s Educate the Powerful System to tell your Congressional delegation to bring HR 1207 and S. 604 to a vote.

Here’s what I wrote in my personal comments . . .

I’m very concerned that the Federal Reserve has secretly bailed out Dubai and Iceland, and may soon do the same thing with Greece. If this is happening, I want to know about it. I also want to know if this is being done to benefit Goldman Sachs and other major U.S. banking interests. I want transparency. I want YOU to bring an end to crony capitalism. Please audit the Fed now.

Finally, the USDA saw the writing on the wall. It is scrapping NAIS!

The USDA still has plans for an animal tracing system, but it is to apply only to animals moving in interstate commerce, meaning . . .

* animal owners won’t have to file a report every time an animal leaves their property, whereas under NAIS horseback riders, for instance, would have had to file a report every time they went for a ride
* there will be no premise registration
* those who raise animals for personal consumption or to sell in local markets won’t be part of the new regulatory system

Moreover, the new system promises . . .

• to focus entirely on animal disease traceability; bogus NAIS justifications such as “terrorism” have been scrapped
• “allow for maximum flexibility for states, tribal nations, and producers to work together to find identification solutions that meet their local needs”
• encourage low-cost technology; alternatives such as old-fashioned branding will most likely be accepted, instead of expensive RFID tags
• local and organic farmers will be represented

We at DownsizeDC.org are realists. We anticipate that as the new system takes shape, new concerns will arise. But think about what just happened . . .

The government ended a program because the people did not tolerate it.

We the people DO have the power.

We used this power to bring a significant victory for pet owners and livestock producers.

Now, let’s use this power to protect farmers from another threat.

You see, a dangerous “food safety” bill passed the House last year and could be voted on in the Senate at any time. Please tell Congress to scrap this legislation.

You may borrow from or copy this letter . . .

H.R. 2749 and the Senate’s S. 510 go overboard in their attempt to keep food safe.

• they burden farmers and small food producers with FDA inspections and hefty fees and fines – even though food contamination scares have originated from large industrial processors
• several requirements duplicate and override what is already done at the state level
• Congress’s constitutional authority is limited to interstate commerce, yet no distinction is made between producers who distribute food in interstate commerce and those who do not

Lastly, there is no evidence Congress or the Administration actually believe unsafe food is a serious or urgent threat to public health. If it was, you could have made the case to the American people a year ago and passed a bill. Instead, you set aside the issue entirely to focus on long-term issues like climate change and healthcare, both of which will take several years to implement.

I insist that you scrap this legislation. Any food safety bill you do pass should address what actually went wrong at large, corporate-owned processing plants. Do not punish small farmers and small businesses.

Via DownsizeDC.org

The result of Brown’s flip-flop on healthcare is that he defeated Democrat Martha Coakley in last night’s Massachusetts special election to fill Edward Kennedy’s vacant U.S. Senate seat. This means that Democratic leaders no longer have the votes in the Senate to block a filibuster.

Now it will be almost impossible for the Senate to approve a version of the healthcare bill that’s acceptable to the House of Representatives. And House Democrats are already saying that there’s little chance they’ll approve the version of the bill previously passed by the Senate.

The healthcare bill is dying. It may already be dead. But, as the German philosopher Friederich Nietzsche once wrote, “That which is falling, let it also be pushed.”

Victory is near. Let’s not come up short. Run the race all the way through the finish line. Send another letter to Congress opposing the cancerous healthcare bill.