Lawmakers in the Gem State are looking into ways to “nullify” the massive federal health care law known as Obamacare.
Last year, Idaho led the nation by passing a law to sue the federal government over the massive legislation. Now, lawmakers in the state are considering a plan that would use an obscure 18th century doctrine rendering the President’s signature null and void.
Six other states are considering the move as well. Legislators in Maine, Montana, Oregon, Nebraska, Texas and Wyoming are considering similar measures aimed at curbing an out-of-control Congress and President.
However, the 1958 Supreme Court case of Cooper v. Aaron says that federal laws “shall be the supreme law of the land.”
Nevertheless, Idaho Governor C. L. “Butch” Otter – a Republican – told Idaho residents in his State of the State speech the state government was “actively exploring all our options — including nullification.”
Fox News reports:
Sen. Monty Pearce, an Idaho GOP lawmaker who plans to introduce a nullification bill early next week, wanted to be the first one to give Otter a recently published book on the subject, “Nullification: How to Resist Federal Tyranny in the 21st Century.”
But Otter already has a copy of the book.
“I took that copy and tried to give it to the governor,” he said, pointing to a copy on his desk. “He already had a copy.”
The idea is not something cooked up by the Tea Party, and has been tried several times in the past.
The first use of nullification was recorded in 1799, when Thomas Jefferson wrote that “nullification, by those sovereignties, of all unauthorized acts… is the rightful remedy.”
John Calhoun, a Senator from South Carolina, advocated usiing nullification regarding tariffs, and the State of Wisconsin also tried to use it in 1854 over a law that forced non-slave states to return escaped slaves.
the most recent case was in the 1950’s when Arkansas defied federal orders to desegregate public schools after the Supreme Court Brown v. Board of Education decision.
The Supreme Court has yet to rule if the federal government can coerce individuals to purchase health insurance.
On Monday, January 24, 2011, at 7pm Pacific time, Joe will discuss this and other issues with Sharon Russell at blogtalkradio.com. Be sure to listen and call with your thoughts – we want to hear from you. The call-in number is (917) 932-1661