Saturday, March 27, 2010

Tenth Amendment Center: Lawsuits won't work

Responding to the challenge by twelve state Attorneys-General to the enactment of Obamacare, Tenth Amendment Center director Michael Boldin warns (via American Conservative Daily):

Relying on a federal lawsuit to invalidate the new Health Care Reform Law is not only an uncertain endeavor in the face of decades of bad Supreme Court precedent; it could also take years to go anywhere, according to the Tenth Amendment Center. “The reality is this, considering a lawsuit as the primary response leaves the people in opposition holding the bag,” says Michael Boldin, founder of the Center. “That's why we advocate a solution to this mess that leaves the people, not the courts, in charge."

That solution is nullification -- a legislative act to ensure that unconstitutional federal laws are not enforced within a state's boundaries. There are those who are concerned that the federal government will reject nullification by force; but this is the next to last resort we have as the American people to reverse what the Congress has done over our objections. The last resort is secession.

Lawsuits will not work, because in the end, it goes before a federal agency called the Supreme Court, which has consistently (with a few exceptions) defended the growth of federal power at the expense of the states and the people. We have tried reform over and over. Those who hope for a Republican victory in 2010 will be disappointed with the result -- think Contract for America and 1994, then think about the Bush Administration. We have to show Washington that we are serious about preserving our freedoms as Americans, regardless of where that takes us.

I would prefer to stay in a Union based on Constitutional principles, but if that proves impossible -- and we will soon know whether or not it does -- I would rather live in freedom, than to be enslaved just for the sake of holding the Union together.

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