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STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!

 
Elias
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03/18/2010 10:52 PM
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STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
March 19 (Bloomberg) -- If Democratic leaders ever get a health-care overhaul through Congress, they could find themselves only halfway through the slog.

While no arm is left untwisted, no parliamentary maneuver ignored on Capitol Hill, state legislatures have been busy themselves passing laws to defeat whatever package emerges.

Idaho wants no part of any overhaul dreamed up in Washington. Neither does Virginia or Arizona, their legislators say.

“The citizens of our state won’t be subject to another federal mandate or turn over another part of their life to government control,” Idaho Governor Butch Otter declared this week when he became the first governor to sign into law a so- called Health Freedom Act.

Or, as he might have put it in “The Treasure of the Sierra Madre,” they don’t need no stinkin’ health-care reform.

That lots of people are riled up about health care and the way it’s being handled, that Republicans have made it their mission to stop it, we know already. That health care is now injecting new energy into a reborn states’ rights movement means reformers may have a long way to go after they reach the finish line in Washington.

The obstacle doesn’t have to be a killer, not if court precedent determines the outcome. But the U.S. Supreme Court that John Roberts heads has shown a willingness to topple precedent and even redefine the issues in a case to get the outcome it wants.

Judicial Activism

That is the sort of judicial activism the court displayed when it struck down campaign finance restrictions in January.

But let’s get back to Idaho. And Virginia and Arizona.

Under the banner of health-care freedom, mostly Republican legislators in those states have registered their belief that citizens shouldn’t have to sign up for health insurance they don’t want -- challenging a central mandate of the federal legislation.

The Idaho law says every Idahoan is free “to choose any mode of securing health-care services without penalty.” It then instructs the attorney general to go to court to make that happen.

Already, the law has legal problems of its own. Idaho Attorney General Lawrence Wasden points out that the state constitution gives him the job of deciding whether to go to court and when. No mere statute can change that.

And Wasden isn’t ready to declare his position.

“If Congress does pass legislation, we will review it and determine at that point whether we can bring a lawsuit that has merit,” says Wasden spokesman Bob Cooper.

Virginia’s Route

Virginia’s legislature went a different route. Without telling the attorney general how to do his job, the lawmakers passed a bill that says no Virginia resident “shall be required to obtain or maintain a policy of individual insurance coverage.”

Even advocates say that amending the constitution is a legally preferable route to passing a mere statute.

That takes time, so lawmakers pushed this stopgap measure into place until they could pass an amendment and submit it to popular vote, according to Christie Herrera, health task force director at a free-market, pro-federalist group, the American Legislative Exchange Council.

The Arizona legislature has already gone the amendment route and passed a proposal that will appear on the ballot in November.

But that isn’t law yet. And if you put those three all together, they don’t add up to much of a roadblock at this point.

Gaining Momentum

So advocates point to their movement’s momentum. Beyond the three states, some 30 to 35 others have bills pending, they are quick to say.

There is a long road between dropping a bill in a hopper and attending a signing ceremony. And then, whatever state efforts get that far would have to survive a federal court fight.

“The ivory tower folks will tell you, ‘No, they’re not going anywhere,’” Otter told reporters. “But I’ll tell you what. You get 36 states, that’s a critical mass. That’s a constitutional mass.”

That number approaches the 38 states it takes to ratify an amendment to the U.S. Constitution. Otter is getting ahead of himself, given that his own attorney general, a fellow Republican, has already said he may or may not try to enforce the new law.

Public Frustration

There is something to be said for momentum, for tapping into public frustration and organizing nationally. But to claim some sort of revolution based on what has happened so far requires heavy spinning.

As for a smack-down in federal court, the states’ rights crowd claims the 10th Amendment means what it says: states have authority to do everything that the Constitution doesn’t assign to the federal government.

Their problem is Article 6 of the Constitution, which says federal laws are “the supreme law of the land.” And supreme means supreme.

Plus, the U.S. Supreme Court in recent decades has mostly rejected 10th amendment claims when state and federal laws collide. It did so in 2005 when it said California’s medical marijuana law takes a back seat to federal drug laws.

But that was before Roberts and Samuel Alito took their seats. And it was about some wacky, lefty California law.

If these states ever do pass laws that are challenged all the way to the Supreme Court, they just might find enough friends there to get them over whatever legal gaps their laws contain.

Or maybe by then, Idahoans, Virginians and Arizonians will decide that being denied health-care insurance because of preconditions or losing insurance when they lose their jobs aren’t such good ideas, after all.

Click on “Send Comment” in sidebar display to send a letter to the editor.

--Editors: Jim Rubin, James Greiff.

To contact the writer of this column: Ann Woolner in Atlanta at awoolner@bloomberg.net.

To contact the editor responsible for this column: James Greiff at jgreiff@bloomberg.net.
[link to www.businessweek.com]

Last Edited by Elias on 03/18/2010 10:53 PM
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Bluebird

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03/19/2010 07:49 PM

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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
37 states have legislation pending in regard to stopping this bill.

I believe that is more than a majority.

This bill shifts the burden of the bulk of the cost to the states via enrolling millions in medicaid which is paid for the most part by the states.

That's how they hide the trillions it will really cost but the states can't afford to pay it either.

This will be tied up in court for years.
One of the most important aspects of conspiracy theories is being able to discern when there isn't one.

Oh yeah, like you'd understand anyway.

Where are we going and why am I in this handbasket?. . .J. Handy
Bluebird

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03/19/2010 07:52 PM

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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
Update: 38 states.

What about the consent of those being governed?

Guess it no longer applies?
One of the most important aspects of conspiracy theories is being able to discern when there isn't one.

Oh yeah, like you'd understand anyway.

Where are we going and why am I in this handbasket?. . .J. Handy
Anonymous Coward
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03/19/2010 07:54 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
Update: 38 states.

What about the consent of those being governed?

Guess it no longer applies?
 Quoting: Bluebird


It will come November, when all these demodouchebags get their asses kicked.
Anonymous Coward
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03/19/2010 07:54 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
37 states have legislation pending in regard to stopping this bill.

I believe that is more than a majority.


 Quoting: Bluebird


even in obama's 59 states it's a majority.
Anonymous Coward
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03/19/2010 07:59 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
37 states have legislation pending in regard to stopping this bill.

I believe that is more than a majority.

This bill shifts the burden of the bulk of the cost to the states via enrolling millions in medicaid which is paid for the most part by the states.

That's how they hide the trillions it will really cost but the states can't afford to pay it either.

This will be tied up in court for years.
 Quoting: Bluebird

37/50 = 74% that is above a super majority of 60% or even the 2/3rd majority of 66%.

To put this in prespective (State wise) doesn't it take 75% 3/4ths of the State legislature YEA vote to ratify a Constitutional Amendment?
Anonymous Coward
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03/19/2010 08:01 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
37 states have legislation pending in regard to stopping this bill.

I believe that is more than a majority.




even in obama's 59 states it's a majority.
 Quoting: Anonymous Coward 910252


Wow ... True, so effin true ... !!!
Anonymous Coward
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03/19/2010 08:01 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
Update: 38 states.

What about the consent of those being governed?

Guess it no longer applies?
 Quoting: Bluebird

There we have it 38/50 = 76%...

If there were a US Constitutional Amendment, it seems that it would not get ratified by the State legislatures.

But it ain't, its a Congressional Statute and Law (should it get Passed and signed into law.)
Anonymous Coward
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03/19/2010 08:03 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
37 states have legislation pending in regard to stopping this bill.

I believe that is more than a majority.




even in obama's 59 states it's a majority.
 Quoting: Anonymous Coward 910252

that was 58, until he got elected..:)
Anonymous Coward
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03/19/2010 08:03 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
Remember 2 more State Legislature calls away from the calling of a Constitutional Covention to write up a new US Constitution.

All all these insane things Congress is doing something along the lines of a hundred Hammers pounding the People against a big Anvil, just to get them pissed enough to call for a Connie-Con?
Anonymous Coward
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03/19/2010 08:04 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
Remember 2 more State Legislature calls away from the calling of a Constitutional Covention to write up a new US Constitution.

All all these insane things Congress is doing something along the lines of a hundred Hammers pounding the People against a big Anvil, just to get them pissed enough to call for a Connie-Con?
 Quoting: Anonymous Coward 715509

And using a Sickle to harvest all their wealth?

Hmmm... Hammers, Anvils, and Sickles... why does that sound so familiar?
Anonymous Coward
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03/19/2010 08:18 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
 Quoting: Elias


yeah, and they HAVEN'T EVEN READ THE BILL THEMSELVES
Texas Uncensored

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03/19/2010 08:18 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
37 states have legislation pending in regard to stopping this bill.

I believe that is more than a majority.




even in obama's 59 states it's a majority.

that was 58, until he got elected..:)
 Quoting: Anonymous Coward 920072



laugh

No, it was 57. 57 Muslim nation states. Obama doesn't know where the f'k he is.
Anonymous Coward
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03/19/2010 08:30 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
If there is any truth to the statement "mob rules" then obamanation is goin down.
But in this case its not 'mob', its MAJORITY!
Flidais

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03/19/2010 08:35 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
The passage of this bill would be grounds for revolution and civil war.
Never Quit! Never Surrender!
Anonymous Coward
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03/19/2010 08:40 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
The passage of this bill would be grounds for revolution and civil war.
 Quoting: Flidais


There are many many people who are just waiting for the flash point. All with their battle rifles at the ready.
Anonymous Coward
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03/19/2010 08:43 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
The passage of this bill would be grounds for revolution and civil war.
 Quoting: Flidais

The Calling of A Constitutional Convention is more likley than either.
picesnator

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03/19/2010 08:44 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
at some point.....political critical mass will be reached and the dems or obooboo will find out their touchy feelie changey thangie is wayyyy out of touch with the american pysche.....question is....

do they back down or.............

............shove it down our throats.......

i think it will be the latter....so does this means they are literally thrown out of office????...hmmmmm

what say u????????????

...............
Anonymous Coward
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03/19/2010 09:06 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
Remember "Don't tread on me"!!! This Fed takeover of our lives has gone far enough. It's time for the states and the people to tell them to shove it.
Anonymous Coward
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03/19/2010 09:26 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
there are 3 congressmen waiting for us to say no to this obamacare.
ohio
indiana
pennsylvania
Anonymous Coward
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03/19/2010 09:57 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
people will finally go ape shit if this bill is forced on them...

maybe this healthcare bill is some sort of brilliant strategy by a few patriotic insiders who want to ignite the people to finally crush DC...or maybe not
Anonymous Coward
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03/19/2010 09:59 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
people will finally go ape shit if this bill is forced on them...

maybe this healthcare bill is some sort of brilliant strategy by a few patriotic insiders who want to ignite the people to finally crush DC...or maybe not
 Quoting: Anonymous Coward 920434



a reason for martial law?
VantheSickle
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03/19/2010 10:01 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
The passage of this bill would be grounds for revolution and civil war.
 Quoting: Flidais


Heck Yeah!
Anonymous Coward
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03/19/2010 10:06 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
So if this bill is eventually passed, we will be forced purchase a health insurance policy, or face a fine, maybe even jailtime, who knows.
I just wonder which brand/model of car we will be forced to buy, and then which bank we will have to open an account with, and what kind of account, will we be forced to invest in the stock market? the pitfalls seem endless.
thefirstshot
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03/19/2010 10:17 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
first off.. the whole point to this healthcare scam is to ignite something.. they need a reason to enable martial law..
Trust me.. im ready to go. I will fight and die to save the constitution. I am ready to go down in history books..

who will be bold enough to fire the first shot?

we need the military and police on our sides or else you will be arrested and called a crazy.

also.. its important to know.. the guards at the doors, the police, the soldiers are not our enemys. (unless they fire upon us)
you need to go after the named players...
Anonymous Coward
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03/19/2010 10:25 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
first off.. the whole point to this healthcare scam is to ignite something.. they need a reason to enable martial law..
Trust me.. im ready to go. I will fight and die to save the constitution. I am ready to go down in history books..

who will be bold enough to fire the first shot?

we need the military and police on our sides or else you will be arrested and called a crazy.

also.. its important to know.. the guards at the doors, the police, the soldiers are not our enemys. (unless they fire upon us)
you need to go after the named players...
 Quoting: thefirstshot 919345
You have a good point there...the only people standing between the "people" and Washington is the police and the military. Wouldn't it be nice if police organizations everywhere issued a statement that they would not prevent people taking their country back if it came to that. I really believe there are millions of patriots...ex military etc. that would do whatever is necessary to save this country.
Anonymous Coward
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03/19/2010 10:26 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
otrike

just remember it was fools like me who want 'healthcare'

who declared a NATIONAL EMERGENCY over H1N1 to get "heathcare"

baxter comes to mind

otrike

i'll just ride away and let you all think a little more deeply on what this implies
Anonymous Coward
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03/19/2010 10:32 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
otrike

just remember it was fools like me who want 'healthcare'

who declared a NATIONAL EMERGENCY over H1N1 to get "heathcare"

baxter comes to mind

otrike

i'll just ride away and let you all think a little more deeply on what this implies
 Quoting: Anonymous Coward 898092
Oh yes...the H1N1 scam.
Anonymous Coward
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03/19/2010 10:33 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
Update: 38 states.

What about the consent of those being governed?

Guess it no longer applies?


It will come November, when all these demodouchebags get their asses kicked.
 Quoting: Anonymous Coward 920324

Then what?! When the Demotards lose in November, what will the Republitards do? THE SAME EXACT FUCKING THING!!!NOTHING!!! When will you tards realize that it doesn't matter who is power, nothing will ever get done! They don't FUCKING care about the American people!! None of them!!
Anonymous Coward
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03/19/2010 10:38 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
Remember 2 more State Legislature calls away from the calling of a Constitutional Covention to write up a new US Constitution.

All all these insane things Congress is doing something along the lines of a hundred Hammers pounding the People against a big Anvil, just to get them pissed enough to call for a Connie-Con?
 Quoting: Anonymous Coward 715509


WE DON'T NEED A CONTINENTAL CONGRESS TO RE-WRITE THE CONSTITUTION!
All we need is to stick to the one we have.

We're not so stupid as to open up that can of worms. NO WAY!
Tulkor

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03/19/2010 10:39 PM
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Re: STATES SAY..."WE DON'T NEED NO STINKIN' OBAMACARE!!!
I think States should ignore Federal ruling in this matter like they did for Little Rock...except they deserved U.S. troops in their racist school. This time it would be legitimate.

Federal power over States has become far too dominant from the way it was originally set up. Not that I liked our form of government to begin with...

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