This is a letter recently sent to our State Representatives to encourage them to nullify Obamacare in the event that the Federal Government fails to defund or repeal this unconstitutional law:
I am writing to you out of concern for the well-being of our State Citizens because the Affordable Care Act (Obamacare) violates the 4th, 5th, 9th, 10th, & 14th Amendment rights of all American Citizens even though the Supreme Court somehow decided to ignored this fact. We cannot let our State suffer at the hands of Unconstitutional Federal activities. Listed below are the ways that this so-called “law” violates the rights of American Citizens:
-It violates the 4th by demanding excessive personal medical information from our State Citizens that could legally be used against us in the future in an ex-post-facto legal situation where the Federal Government would choose to abuse the People as it may have done in the AP tapping, Rosen Tapping, Fast & Furious, IRS Scandal, etc.
-It violates the 5th by depriving We the People of the choice (liberty) whether or not to participate in a “mandatory” program. And, deprives us of our property (tax dollars) without due process on a program that is unconstitutional as identified here.
-It violates the 9th by depriving us of any additional rights to choose our own healthcare system, insurance or administer care ourselves in the event that we should choose how best to apply it based on our own personal circumstances. The government may not assume additional authorities unless the States specifically amend the constitution to add such powers to the Federal Government.
-It violates the 10th by taking powers from our People & our State Government by forcing implementation of a healthcare structure which has no basis in Constitutional Law at the Federal Level. Healthcare regulation, insurance, or care are not expressly granted under Article I or II as Federal Powers. And, the 10th Amendment overrides the loose interpretation of the Commerce Clause & the General Welfare Clause which were used to justify passage of the law.
-Lastly, it violates the 14th by not treating all citizens equal under this so-called “law”. Government officials have a different treatment and a different value than other American Citizens. Government officials at every level are civil servants, not rulers. They do not hold the right to exempt themselves from regulations they make for us by edict.
To be respected by the People & the Government of this State, Congressional Legislation must comply with the all parts of the Constitution, not merely a section here or a section there. And, if the Federal Government fails to Constitutionally legislate, enforce, or rule in a court of law, such acts must carry no weight within the borders of our sovereign State.
All things considered, and assuming the Federal Government will allow Obamacare to stand, the Legislature can move to protect our State Citizens by nullifying the “law” using our Constitutional State Rights guaranteed by the 10th Amendment.
This is how nullification efforts are being pursued in South Carolina in accordance with guidance provided by James Madison in the Federalist Papers and by Thomas Jefferson as well.
I do hope these will aid you in your work ahead within the State Legislature. Thank you for your time.