Monday, July 19, 2010


No matter how hard they work to stop it, Missouri WILL be the first state in the nation to allow its citizens to vote on whether the federal socialized health care plan will be allowed to destroy our medical system.

The opponents of this vote in my state believe that the supremacy clause in the Constitution will make this vote a moot point. They say that whatever law the federal government passes the states are bound to honor.

I say:

Amendment 9 The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment 10 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.
The United States Constitution

The part the opponents of states right always leave out is that the states are only bound to follow law that has a Constitutional basis. The federal government cannot pass laws that are not authorized in Article 1, Section 8 of the Constitution. When the fed oversteps its bounds it is the responsibility of the states to reign it back in and that is exactly what Prop C here in Missouri is intended to do.

"A Cole County judge has dismissed a lawsuit that sought to stop an Aug. 3 ballot issue vote offering Missourians a chance to express their position on the nation's new health care act.

Judge Paul C. Wilson ruled late Friday against Jefferson City attorney Chip Gentry's argument that the ballot issue exceeds its original purpose and does not contain a clear title focused on a single subject.

The state lawmaker-driven ballot initiative asks voters for a single answer to a two-part question.

First it asks voters to decide if Missouri statutes should be amended to prevent the government from "penalizing citizens for refusing to purchase private health insurance or infringe upon the right to offer or accept direct payment for lawful healthcare services?"

A second question asks if laws governing the liquidation of certain insurance companies should be modified.

The insurance liquidation question was the original focus of House Bill 1764. The legislature amended the bill to include language on the health care issue in a last-minute maneuver known as "log-rolling."

...Patrick Tuohey of Missourians for Health Care Freedom said he was happy Missouri would be the first state to hold a referendum on the broad-based federal health care reforms of 2010.

"This is really the first time that any citizen in the country has had the opportunity to express their view directly," Tuohey said. "This is an opportunity for Missourians to express their views on the health care plan that came out of Washington."

Opponents of the ballot issue say the vote is meaningless and the state will be compelled by the federal government to conform using the so-called "supremacy clause" of federal law trumping state law in cases where laws regulate the same subject.

Tuohey suggested the supremacy clause had not yet been tested in this area.

"Whether or not the supremacy clause applies to the federal government compelling individuals to purchase a product, in this case health care, has not been settled," Tuohey said."
Ozarks First (H/T The Dana Show)

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