Good News and Bad News for ObamaCare Nullification

By:  Joe Wolverton, II, J.D.
Good News and Bad News for ObamaCare Nullification

A West Virginia legislator has proposed ObamaCare nullification, while a state senator in South Carolina denies that states have such a power.

If one liberty-minded lawmaker has his way, ObamaCare won’t be welcome in West Virginia.

Eric Householder, a member of the state House of Delegates, intends to offer a bill that would effectively void key provisions of the Affordable Care Act (ACA) within West Virginia.

"As you know, for the first time in our history, Americans are going to be forced to purchase health insurance — or be penalized heavily by the federal government," Householder said, as reported by the Martinsburg (West Virginia) Journal-News. "Obamacare would enact up to 20 new taxes, costing American taxpayers up to $800 billion over a 10-year period.”

Householder’s bill would make it a felony to attempt to enforce ObamaCare, as well.

In his statements quoted in the Journal-News, Householder demonstrates that he understands the role of states in protecting the people from unconstitutional demands of the federal government.

"West Virginia can put a stop to this federal overreach within its borders, and this legislation will do just that," he said.

Householder goes on to use Chief Justice Roberts’ decision in the ObamaCare case to justify his refusal to cooperate in the health care scheme. As the Journal-News reported:

According to Householder, Supreme Court Justice John Roberts suggested that if states act as sovereign bodies, as outlined in the Constitution's Tenth Amendment, the federal government can't impose the ACA on them.

"Following Roberts' logic, the states must 'act sovereign' and tell the federal government the state will not participate," Householder said. "Health insurance is created and regulated within a specific state. It is intrastate commerce, which means the federal government has no authority to regulate it under the Tenth Amendment.”

He’s right. The Tenth Amendment specifically recognizes the retention by the states of what James Madison described as “numerous and indefinite” powers. On the other hand, the federal government’s powers are “few and defined.”

The ObamaCare ruling cited by Householder is a perfect example of the situation described by Patrick Henry during the Virginia ratification convention where the states will need to thwart the federal assault on liberty:

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