Texans take their rights seriously.
A bill that has been prefiled for the 2011 state legislative session creates penalties of up to $5,000 in fines and up to five years in jail for anyone guilty of the “felony” of attempting “to enforce an act, order, law, statute, rule or regulation” of Obamacare, the president’s plan that effectively nationalizes the health-care decision making process.
The plan by Texas Rep. Leo Berman, R-Tyler, effectively would nullify the federal health care legislation in his state.
At least, that is what the bill that “relates to federal health care legislation” says:
The federal Act:It provides that “a person who is an official, agent, or employee of the United States or an employee of a corporation providing services to the United States commits an offense if the person enforces or attempts to enforce an act, order, law, statute, rule, or regulation of the United States in violation of this chapter.”
(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.
It explains that the “assumption of power by the federal government in enacting the Patient Protection and Affordable Care Act (H.R. 3590; Pub. L. No. 111-148) as amended by the Health Care and Education Reconciliation Act of 2010 (H.R. 4872; Pub. L. No. 111-152) interferes with the right of the people of this state to regulate health care as they determine is appropriate, and makes a mockery of James Madison’s assurance in Federalist Paper Number 45 that the powers delegated to the federal government are ‘few and defined’ while those that remain in the state governments are ‘numerous and indefinite.’”
An analysis of the issue by Michael Maharrey of the Tenth Amendment Center explains that there already is a widespread dissatisfaction across the United States from the mandates of Obamacare.
“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,” he explained.
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?