Oklahoma House of Representatives Passes ObamaCare Nullification Bill

Oklahoma House of Representatives Passes ObamaCare Nullification BillThe New American – by Joe Wolverton, II, J.D.

Standing as a bulwark of liberty, the Oklahoma House of Representatives passed a bill protecting citizens of the Sooner State from the unconstitutional provisions of ObamaCare.

By a vote of 72-20, the state House of Representatives passed House Bill 1021, a bill that if signed into law would stop the Patient Protection and Affordable Care Act (known as ObamaCare) at the borders of the sovereign state of Oklahoma.  

The bill’s primary proponent is State Representative Mike Ritze (R-Broken Arrow). A board-certified family practice physician and surgeon, he is particularly aware of the threat to liberty and good health care posed by ObamaCare.

In an exclusive conversation with The New American, Dr. Ritze reported that the debate in the House was passionate and included testimony from a partially paralyzed colleague who stands to lose his medical coverage as a result of the mandates of ObamaCare.

Ritze praised the speaker of the State House of Representatives, T.W. Shannon (R-Lawton), for resisting political pressure and placing the bill on the calendar, allowing it to be voted on by the body of the House.

Apart from protecting citizens from the oppressive provisions of ObamaCare, Ritze said his bill will protect Oklahomans from becoming subjects to a tyrannical central government, determined to consolidate all power in Washington.

Ritze recognizes ObamaCare for what it is: a federal attack on life, liberty, and property.

“There is no provision in Article 1, Section 8 of the United States Constitution where the states delegated to Congress the authority to make a citizen purchase health care or pay a fine,” Ritze said. “The Patient Protection and Affordable Care Act is an example of federal overreach and my legislation will authorize the state via the will of the People to ignore it and ban the enforcement of it.”

“They fail to understand how the country is supposed to operate,” Ritze added. “As Alexander Hamilton wrote in The Federalist, No. 33: ‘It expressly confines this supremacy to laws made pursuant to the Constitution.’ Alexander Hamilton got it right. Congress and the Supreme Court got it wrong.

Ritze’s reading of the Constitution is the same as that of the Founding Fathers.

The Supremacy Clause (as some wrongly call it) of Article VI does not declare that laws passed by the federal government are the supreme law of the land, period. What it says is that the “laws of the United States made in pursuance” of the Constitution are the supreme law of the land.

In PURSUANCE thereof, not in VIOLATION thereof. None of the provisions of ObamaCare are permissible under any enumerated power given to Congress in the Constitution; therefore, they were not made in pursuance of the Constitution, and they are NOT the supreme law of the land.

As Ritze indicated, Alexander Hamilton wrote in The Federalist, No. 33:

If a number of political societies enter into a larger political society, the laws which the latter may enact, pursuant to the powers intrusted [sic] to it by its constitution, must necessarily be supreme over those societies and the individuals of whom they are composed…. But it will not follow from this doctrine that acts of the larger society which are not pursuant to its constitutional powers, but which are invasions of the residuary authorities of the smaller societies, will become the supreme law of the land. These will be merely acts of usurpation, and will deserve to be treated as such. [Emphasis in original.]

Ritze understands that the states retain numerous rights under the Constitution, including the obligation to block unconstitutional federal usurpation of state sovereignty. “When the federal government exceeds its delegated authority, as it has done with the passage of Obamacare, it is the duty of every state representative to defend the unalienable rights of the people of the great State of Oklahoma. I and others in the House and Senate intend to do just that with this legislation,” declared Ritze.

Dr. Ritze and his colleagues in the Oklahoma state legislature stand on firm constitutional and legal ground in their opposition to acts of the federal government that exceed its constitutional authority.

The irrefutable truth is that not a single one of our Founding Fathers, not even the most ardent advocate of a powerful central government, would have remained a single day at the Philadelphia Convention if they had believed that the government they were creating would become the instrument of tyranny that it has become.

All state legislatures have an obligation to liberty and to their citizens follow Oklahoma’s example and through the exercise of the 10th Amendment and their natural right to rule as sovereign entities, stop ObamaCare at the state borders by enacting state statutes nullifying the healthcare law.

The best defense of nullification is found in Thomas Jefferson’s Kentucky Resolution of 1798. In the Kentucky Resolution, Jefferson plainly points to the constitutional source of all federal power. Jefferson wrote, “That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under colour [sic] of that instrument, is the rightful remedy.”

Nullification is a concept of constitutional law that recognizes the right of each state to nullify, or invalidate, any federal measure that exceeds the few and defined powers allowed the federal government as enumerated in the Constitution.

This power is founded on the assertion that the sovereign states formed the union, and as creators of the compact, they hold ultimate authority as to the limits of the power of the central government to enact laws that are applicable to the states and the citizens thereof.

In the wake of the Supreme Court’s ObamaCare decision, it supporters of American federalism are encouraged to see state legislators boldly asserting their right to restrain the federal government through application of the very powerful and very constitutional principle of nullification.

HB 1021 will now be presented to the state Senate where it is sponsored by State Senator Nathan Dahm (R-Tulsa). When asked by The New American about the prospect for passage of his bill in the state Senate, Dr. Ritze said there is a 50/50 chance the bill will make it to the governor’s desk.

Joe A. Wolverton, II, J.D. is a correspondent for The New American and travels frequently nationwide speaking on topics of nullification, the NDAA, and the surveillance state. He can be reached at jwolverton@thenewamerican.com.

http://www.thenewamerican.com/usnews/item/14773-oklahoma-house-of-representatives-passes-obamacare-nullification-bill

4 thoughts on “Oklahoma House of Representatives Passes ObamaCare Nullification Bill

  1. Freedom not to participate is only obvious , the “Act’ modifies the Public Health Service Act, listed right below P.P.A.C.A. It has very limited application

    One Hundred Eleventh Congress
    of the
    United States of America
    AT THE SECOND SESSION
    Begun and held at the City of Washington on Tuesday,
    the fifth day of January, two thousand and ten
    An Act
    Entitled The Patient Protection and Affordable Care Act.
    Public Law 111-148 ( available on line)

    TITLE I—QUALITY, AFFORDABLE HEALTH CARE FOR ALL AMERICANS
    Subtitle A—Immediate Improvements in Health Care Coverage for All Americans

    Sec. 1001. Amendments to the Public Health Service Act.

    Sec. 1555. Freedom not to participate in Federal health insurance programs.

    SEC. 1555 ø42 U.S.C. 18115¿. FREEDOM NOT TO PARTICIPATE IN FEDERAL
    HEALTH INSURANCE PROGRAMS.
    No individual, company, business, nonprofit entity, or health
    insurance issuer offering group or individual health insurance coverage
    shall be required to participate in any Federal health insurance
    program created under this Act (or any amendments made
    by this Act), or in any Federal health insurance program expanded
    by this Act (or any such amendments), and there shall be no
    penalty or fine imposed upon any such issuer for choosing not
    to participate in such programs.

    Public Health Service Act

    July 1, 1944 [H.R. 4
    624] | [Public Law 410] 58 Stat. 682
    TITLE I—SHORT TITLE AND DEFINITIONS
    SHORT TITLE
    SEC. 1.
    Titles I to V, inclusive, of the Act may be cited as the “Public Health Service Act”.
    SEC. 605.
    (a) Section 7 of the Act of September 7, 1916, entitled “An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes”, as amended (U.S.C., 1940 edition, title 5, sec. 757), is amended by changing the period at the end thereof to a colon and adding the following: “Provided, That whenever any person is entitled to receive any benefits under this Act by reason of his injury, or by reason of the death of an employee, as defined in section 40, and is also entitled to receive from the United States any payments or benefits (other than the proceeds of any insurance policy), by reason of such injury or death under any other Act of Congress, because of service by him (or in the case of death, by the deceased) as an employee, as so defined, such person shall elect which benefits he shall receive. Such election shall be made within one year after the injury or death, or such further time as the Commission may for good cause allow, and when made shall be irrevocable unless otherwise provided by law.”

  2. I personally nullified Obama-care before it was even passed. They’re not getting a dime out of me.

    1. Nor me Jolly. ;^)

      I’ve not had health insurance since ’09. I take good care of myself, get my numbers checked out through Lifeline Screening once a year when they are in town for around $150.00, and that’s it.

      If someone tells you your cholesterol is too high, ask to see the “percentage ratio”. That’s the real number that tells you everything and that percentage should read 4% or below.

      Every body is different. What’s high for one is perfect for another.

      . . .

  3. The people of Ok need to identify the 20 idiots that voted against House Bill 1021 and ensure those idiots NEVER vote again. Repeat this action EVERY time a RINO-Zionist politician votes in a way contrary to the best interests of US citizens.

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