Georgia may assert 10th Amendment Against ObamaCare

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  • melensdad

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    Apr 2, 2008
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    Well the threat title my be overly simplified, but it appears that there is a movement in Georgia to add a constitutional amendment to its state constitution that will PREVENT its citizens from being PENALIZED for choosing not to participate in any sort of state run healthcare. As it was explained on TV this morning, if a citizen chooses to participate that is OK, but if they choose NOT to participate then that is also OK too.

    I would expect that the Federal Government would find some sort wording in the commerce clause to fight this if it passes. The sponsor's goal is to get this on the ballot for the 2010 election.

    Senator Rogers helps lead the Fight to Protect Health Care Freedom

    ATLANTA (Sept. 3, 2009) – Senate Majority Leader Chip Rogers (R-Woodstock) with members of the Republican Caucus announced the introduction of a Constitutional Amendment to protect health care freedom in Georgia. They gathered at the State Capitol today telling the federal government that it cannot force Georgians to purchase health care and cannot force a public option.

    “Today we’re telling Democrats in Washington D.C. that proposals to deny or limit access to the purchase of private health care are simply unacceptable. We’re fighting for Georgians’ right to choose their health care, not have it shoved down their throat by the federal government,” said Rogers. “Our basic freedoms are at risk with the government run health care proposals coming out of Washington. Socialized health care cannot possibly solve any problem. History proves such federal involvement will only worsen the challenges we face in health care.”

    Democrats in Washington have proposed a “play or pay” bill in which small businesses would be penalized up to 8 percent of their payroll for not offering health insurance to all their employees. The United States Chamber of Commerce estimates this will kill millions of American jobs. The Obama Administration is also pushing for a public plan option which the Heritage Foundation calculates will force more than 100 million Americans to lose their current private coverage.

    The Health Care States Rights Protection Constitutional Amendment announced by the Georgia Senate Republican Caucus would protect Georgia’s citizens from this sort of legislation. Specifically, the Amendment protects Georgia citizen’s right to choose whether they want to participate in any insurance plan. Additionally, the Amendment prohibits governments from punishing citizens for non-participation. If passed in the legislature and approved by voters in November 2010, Georgia will be successful in invoking the Tenth Amendment and protecting its citizens from mandatory government health care.​
     

    Ogre

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    Don't worry, just like DUI, and other laws, if they fail to toe the federal line they will be penalized from federal funds for anything else.
     

    jedi

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    Don't worry, just like DUI, and other laws, if they fail to toe the federal line they will be penalized from federal funds for anything else.

    True... but Georgia is not alone on this (using the 10th A). Recall that Texas and Montana are saying ENOUGH to the feds as well over gun laws. Plus there are several other states also concerned on the federal spending. What you are slowly starting to see is the division among states on various topics and if it continues instead of having a NORTH vs SOUTH issue over slavery we are going to have a STATES vs FED issue over "control issues".

    LORD help us if that is the road we take .
     

    Joe Williams

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    Several states are using the 10th to resist the Federal government's increasingly un-Constitutional exercise of power.

    For those who aren't really much into studying history, the Civil War was NOT fought over slavery. It was fought over this exact issue. It started exactly like this.

    Exactly.
     

    jedi

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    True, True it did not help any state in the end but it did 'heal a country'. How? Think about when you were a kid. I'm sure you at one point got into a fist fight with your brother, your best friend, your friend, your cousin, etc. and in the end neither of you really won You a busted lip, him a black eye, and both in trouble with Sister Nun Betty and would spend the better part of the next 2 weeks cleaning the church/school floors and doing 'hard labor' around the school grounds (cutting the grass, bushes, helping gather the garbage,etc..) So what was the point of the fight? Well I don't know how to express it but it finally released all that frustration that you and he had bottled up that no amount of talking could ever fix. It's the natural course of life for humans to have to release some steam every now and then.
     

    ihateiraq

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    True, True it did not help any state in the end but it did 'heal a country'. How? Think about when you were a kid. I'm sure you at one point got into a fist fight with your brother, your best friend, your friend, your cousin, etc. and in the end neither of you really won You a busted lip, him a black eye, and both in trouble with Sister Nun Betty and would spend the better part of the next 2 weeks cleaning the church/school floors and doing 'hard labor' around the school grounds (cutting the grass, bushes, helping gather the garbage,etc..) So what was the point of the fight? Well I don't know how to express it but it finally released all that frustration that you and he had bottled up that no amount of talking could ever fix. It's the natural course of life for humans to have to release some steam every now and then.
    you could look at it like that. or you could look at shermans march to the sea like pulling a knife and leaving a massive scar on your brothers face. either way.
     

    Joe Williams

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    True, True it did not help any state in the end but it did 'heal a country'. How? Think about when you were a kid. I'm sure you at one point got into a fist fight with your brother, your best friend, your friend, your cousin, etc. and in the end neither of you really won You a busted lip, him a black eye, and both in trouble with Sister Nun Betty and would spend the better part of the next 2 weeks cleaning the church/school floors and doing 'hard labor' around the school grounds (cutting the grass, bushes, helping gather the garbage,etc..) So what was the point of the fight? Well I don't know how to express it but it finally released all that frustration that you and he had bottled up that no amount of talking could ever fix. It's the natural course of life for humans to have to release some steam every now and then.

    Grow up in the South, and you'd know the country isn't "healed." The War of Northern Aggression was illegal, and the South is merely occupied territory.

    If there is another, though, it won't go well for either side, seeing as how it's certain to go biological and chemical, and involve widescale terrorism on both sides.
     

    jedi

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    ihateiraq yes that is another way of looking at it. There are not winners in WAR only survivors. What Maj. Gen Sherman did (Sherman's March to the Sea - Wikipedia, the free encyclopedia) was what WAR is all about. Not the PC we have not. If someone is trying to destroy your way of living and kill you and you are at WAR then you do everything to take the fight to them. The time for diplomatic talk is over. The only way they (your enemy) will learn is by being 6 feet under ALL OF THEM. Yes it's harsh but if you leave any behind they only bid their time for when you are weak and kill you. As such when all hope of talk is over, all hope of compromise is over and the only thing left is violence then it's all or nothing.

    Yes it will be bad if it comes down to it. With today's modern weapons things will get bad but alas that is mankind's weakness. Unlike the rest of the animal kingdom when it comes to war we (humans) are the worst barbaric animal there is which does not learn from it's past mistakes. *sigh*
     

    jeremy

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    True... but Georgia is not alone on this (using the 10th A). Recall that Texas and Montana are saying ENOUGH to the feds as well over gun laws. Plus there are several other states also concerned on the federal spending. What you are slowly starting to see is the division among states on various topics and if it continues instead of having a NORTH vs SOUTH issue over slavery we are going to have a STATES vs FED issue over "control issues".

    LORD help us if that is the road we take .



    Actually that is what started the divide for the North and South thing. States vs. Federal rights. Slavery only came into the equation after the actual war was well under way. ;)
     

    ihateiraq

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    ihateiraq yes that is another way of looking at it. There are not winners in WAR only survivors. What Maj. Gen Sherman did (Sherman's March to the Sea - Wikipedia, the free encyclopedia) was what WAR is all about. Not the PC we have not. If someone is trying to destroy your way of living and kill you and you are at WAR then you do everything to take the fight to them. The time for diplomatic talk is over. The only way they (your enemy) will learn is by being 6 feet under ALL OF THEM. Yes it's harsh but if you leave any behind they only bid their time for when you are weak and kill you. As such when all hope of talk is over, all hope of compromise is over and the only thing left is violence then it's all or nothing.

    Yes it will be bad if it comes down to it. With today's modern weapons things will get bad but alas that is mankind's weakness. Unlike the rest of the animal kingdom when it comes to war we (humans) are the worst barbaric animal there is which does not learn from it's past mistakes. *sigh*

    i agree. but by the time sherman made his march to the sea, the war was all but won. and then when you consider that it was a war fought between states from the same country, you might start to look at things differently. i grew up in North Carolina, and i can tell you, that even generations removed from the war, people are still bitter about how it ended.
     

    slackerisme

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    Seems to me that the .gov trying to force these states into submission would only push more states to issue the same kind of law. I pray this doesn't happen, because the dividing lines would not be so clear this time.
     

    CulpeperMM

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    Feb 3, 2009
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    states can and should nullify Federal legislation that is a usurpation of the powers reserved to the states by the U.S. Constitution. They can do this without state constitutional amendments.

    Kentucky and Virginia Resolutions are fine examples of nullification.
     
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