The recently completed Nullify Now gathering in Raleigh caused some people to sit up and take notice. The mainstream media, of course, has been mocking it for all it’s worth. But many folks have seen the concept of nullification as a valid tactic for fighting federal government overreach.
A movement is afoot in the country to compel state governments — in cases where it is believed that the federal government has overreached and exceeded its constitutional authority — to simply ignore decrees from Washington. South Carolina has already been pushing the idea in resisting ObamaCare.
Now, some grassroots leaders North Carolina are making overtures to Republicans in Raleigh to utilize the concept of nullification in blocking the implementation of ObamaCare in North Carolina. Craven County Republicans got the ball rolling with this recent resolution:
A Resolution to the North Carolina General Assembly to Declare the Patient Protection and Affordable Health Care Act (Obamacare) Null and Void and Unenforceable in the State of North Carolina
Whereas; The Patient Protection and Affordable Health Care Act bill originated in the US Senate.
Whereas; The United States Supreme Court Ruled the PPACA constitutional as a tax in the case of National Federation of Independent Business vs Sebelius.
Whereas; Article 1 Section 7 Clause 1 of the United States Constitution states; “All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.”
Whereas; The Pacific Legal Foundation has filed a lawsuit to challenge the constitutionality of the PPACA because of its origin in the Senate.
Whereas; Article 6 Clause 2 (The Supremacy Clause) of the United States Constitution states; “This Constitution and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
Whereas;Article 1 Section 5 of the North Carolina State Constitution states; “Every citizen of this State owes paramount allegiance to the Constitution and government of the United States, and no law or ordinance of the State in contravention or subversion thereof can have any binding force.”
Whereas; The Tenth Amendment of the United States Constitution reinforces Article 6 Clause 2 of the United States Constitution, and is reinforced by Article 1 Section 5 of the North Carolina State Constitution and states; “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Whereas; Consequences of the PPACA and its problems in implementation; have been well documented.
Therefore be it Resolved; The PPACA is unconstitutional because of the Supreme Court Ruling as a tax, and it’s origination in the Senate.
Resolved; The PPACA is not enforceable as a supreme law of the land because it was not passed in Pursuance of the United States Constitution.
Resolved; Because the PPACA was passed in Non Pursuance of the United States Constitution; it is the duty of the North Carolina General Assembly, and the Governor to resist the PPACA to its full capacity under the law per Article 1 Section 5 of the North Carolina State Constitution.
Resolved; The Craven County GOP Executive Committee hereby encourage our legislators in the North Carolina General Assembly and the Governor to honor their Oaths to the United States and North Carolina State Constitutions and invoke its Tenth Amendment Rights to the fullest extent of the law including but not limited to; Passing legislation declaring the PPACA unenforceable in the State of North Carolina, making it a criminal offense for any agency of our State or the Federal Government to attempt to enforce the PPACA in this State, and joining the Pacific Legal Foundation’s lawsuit.
Resolved; Upon adoption by majority vote of the Craven County GOP Executive Committee, copies of this resolution shall be forwarded to: 1st and 3rd NCGOP District Executive Committees for further consideration, Representatives Speciale and Bell, Senator Norman Sanderson, and posted on the Craven County GOP website for a period of no less than 90 days.
This has been approved in Craven County AND by First Congressional District Republican leaders. It’s moving on to Lenoir County AND to the upcoming Third Congressional District meeting. If it clears that hurdle, it’s on to the state party and into the laps of GOP legislators.