Oklahoma and ObamaCare: Nullifying Nullification

By:  Joe Wolverton, II, J.D.
07/02/2013
       
Oklahoma and ObamaCare: Nullifying Nullification

Despite revelations about the rampant errors in the ObamaCare databases, one Oklahoma state senator's misunderstanding of the Constitution killed his state's effort to nullify the federal healthcare behemoth.

ObamaCare opponents are using one of the Obama administration’s own apparatchiks to expose the dangers of the healthcare behemoth that will soon swallow nearly 17 percent of the economy and 100 percent of state sovereignty.

In May, Department of Health and Human Services Inspector General Daniel R. Levinson issued a report revealing significant errors in the information contained in the databases created under provisions of ObamaCare. Opponents of the president’s hallmark seizure of health care warn that the discrepancies disclosed by the IG’s report leave the Affordable Care Act vulnerable to abuse and fraudulent claims.

The databases singled out in the IG’s report provide information on health care providers who participate in Medicare. The federal government uses these data to facilitate the processing of payment to those providers. According to the IG’s report, the information provided by these databases are “often inaccurate and occasionally incomplete, and were generally inconsistent between the two databases.”

The specter of such widespread manipulation of the Medicare system by way of the ObamaCare legislation’s uncountable layers of bureaucracy was a primary impetus for state attempts to stop enforcement of the federal healthcare leviathan at state borders. Nullification, state lawmakers argued, was the way to save citizens from suffering the ravages of ObamaCare and its legal plundering of the middle class.

Nullification is a concept of constitutional law that recognizes the right of each state to nullify, or invalidate, any federal measure that exceeds the few and defined powers allowed the federal government as enumerated in the Constitution.

This power is founded on the assertion that the sovereign states formed the union, and as creators of the compact, they hold ultimate authority as to the limits of the power of the central government to enact laws that are applicable to the states and the citizens thereof.

All state legislatures have an obligation to liberty and to their citizens to guard the powers explicitly reserved to them under the 10th Amendment. If our constitutional republic is to be held together, states should recognize and exercise their natural right to rule as sovereign entities, stop ObamaCare at the state borders by enacting state statutes nullifying the healthcare law.

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Photo: Oklahoma State Capitol

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