Voiding the law of the land?Posted Wednesday, April 27, 2011, at 8:54 AM
Last week, Gov. Butch Otter vetoed a bill passed by the legislature that would have attempted to block portions of the federal health insurance program from being implemented in Idaho.
Otter is no fan of Obamacare -- by any stretch of the imagination. He said in his veto message that he struck down the bill because it would have required Idaho to forego the creation of a health insurance exchange. But then he turned around and, with the stroke of a pen, issued an executive order that amounted to little more than the ill-conceived concept of nullification. His order prohibits state employees from implementing, assisting or enforcing Obamacare. In effect, his order said the state intends to ignore the federal law by whatever means are available to it to do so. Nullification has no legal basis. His own attorney general said so when it issued an opinion to the legislature, where a nullification bill was being debated. It is a concept that would change our nation from a Republic to a confederacy. Even the legislature eventually got the message and voted against it. Otter apparently didn't get the memo. We agree that Obamacare is horribly flawed and does none of the things that the public wanted in health care reform, such as driving down or capping the skyrocketing costs of health care. But it is the law of the land, passed by a majority of the elected representatives of the people, and as citizens of this country our compact with the government says we will accept that, even if we don't like it. Congress has never passed a law to which someone didn't object, but our national ethos says that will abide by it until it is changed by appropriate means. Furthermore, Article VI of the United States Constitution makes it absolutely clear that federal law takes precedent over state law. No matter how much a given state may object to a federal law, they are still required to obey it -- including implementing, assisting and enforcing it. There are other ways of objecting to a federal law. First and foremost, you convince enough Americans to elect representatives who will repeal or reform it. That's probably the best way, and the one most in line with the process of democracy, as it is understood and practiced in this country. Secondly, you can sue in federal court. Idaho did that over key provisions of Obamacare and won (although the appeals are still pending). That's also an appropriate process in this nation. But what Butch did was to step outside the process, to ignore Article VI of the Constitution, and in doing so to violate his own oath of office to uphold it. No matter how much he, or anyone else, objects to this or any other law, there are always appropriate remedies under law. This wasn't one of them. Comments Showing comments in chronological order [Show most recent comments first] |
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If the Fed laws over-rule state laws, does that mean Holder is gonna step in and SEAL THE FRIGGIN' BORDERS down there, so Arizona doesn't HAVE to?
What Otter is doing is wrong. What he SHOULD do is gather everybody up that is required............and SECEDE from the UNION!
Article. VI
All Debts contraacted and Engagements entered into, before the Adoption of this Constitution, shall be a valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all TYreaties made, or which shall be made, under the Authority of the United States, whall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, and Thing in the Constitution or Laws, of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as Qualification to and Office or public Trust under the United States.
What was your intent, Eagle Eye, on reciting Art 6 of the U.S. Constitution in response to the editor's remarks? Were you answering the secessionist Zookaman, or the editor?
Compromise is taking two arguments and finding common ground...in effect, a solution to conflict that results in two winners. As such, Mr. Everitt is on the side that solves problems. On the other hand, majority rules; and we all know what happens when the minority has no voice: DICTATORSHIP.
JYD----What's your point? I'm not planning on submitting a resume to satisfy curiosities.
WHY DIDNT BUSH SEAL THE BORDERS?????????BECAUSE HE WAS FOR SOME FORM OF AMNESTY OR DID WE FORGET TO MENTION THAT........STOP IT...... YOU CANT SEAL THE BORDERS WE DONT HAVE ENOUGH MEN OR RESOURCES.
THE GOVENOR is playing poletics with our health.he is also clearly playing to his conservative base..ok. SO what else is there that he doesnt like that he is going to nullify ???????? i got one..... why doesnt he give BUTLERS crew back there land.DECLARE THIS A MINORITY FREE ZONE....take my land through emmenent domain, close the idaho borders,refurbish the "DETENTION CAMPS" and place me there till he can find some state to accept me.
I DONT KNOW WHY PEOPLE DO NOT SEE HIS ACTIONS AS DANGEROUSE AND WITHOUT THE FOUNDATION IN OUR LAWS THAT IS NEEDED.....DOES IT HAVE TO HAPPEN TO YOU BEFORE YOU SEE THE RAMIFICATIONS OF THIS?????
PLAIN AND SIMPLE THE GOVENORE IS WRONG///////////////YOU DONT HAVE TO SECEDE......THERE ARE PLACES IN THE SOUTH WERE NOTHING HAS CHANGED.......... ASK THEM THEY WILL TELL YOU...........ASK GOV BARBOUR......"IT WASNT THAT BAD"......FOR WHO?????????????
JYD....... SAID IT RIGHT WE NEED TO COMPROMISE all of this my way or the hiway by the way thats crumbling, needs to stop, we are getting nowhere fast......enough already.......adversarial to the death of the country makes no sense.......except to the super rich who can go anywhere,anyway,anytime,,,,,WHILE WE FIGHT EACH OTHER......HOW DUMB IS THAT?........
Before we put "Mr Everitt" on the side that "solves problems", let me remind you guys WHO he and his paper SUPPORTED in 2008-------a regime that has solved nothing....and have QUADRUPLED the debt.
Bush didn't seal the borders for the same reason he sent our folks into Iraq.........
He's INEPT....and an idiot. Letting 2 border guards rot in jail and 8 Marines get court-martialld is TREASONOUS...........
But what do you call it when the NEXT president has the border situation SLAMMED on his desk FIVE TIMES.........and all HE does is have his Attorney General sue the state and TURN ON OUR OWN PEOPLE??
Bush ignored it, but at least didn't unleash the Feds on Arizona. Ya gotta give Bush THAT much------if he wasn't going to help, he at least didn't HINDER! And he didn't go after Arpaio.......the last REAL Sheriff left in this country, and Holder's after HIM too.
Makes ya wonder WHO'S side they're on, doesn't?
WE can't drill but we give OTHER countries tax money so THEY can............even as gas is at FOUR PER---heading for FIVE.
Makes ya wonder who's side they're one, doesn't it?
The ILLEGALS have been DRAINING our economy for a long time time......adding to the crime situation as well (over 102,000 of them in the California penal system alone).......the DEMS in D.C. want to REWARD them all with AMNESTY!
Makes ya wonder who's side they're on, doesn't it?
"Dictatorship," JYD? What the heck do you think MANDATES are? Bypassing the Congress, the desire to shutdown the freedom of radio airways (hiring "FCC Czar" Mark Lloyd to SEE to that, if he can).
Question to everyone.............if we are so convinced it is the "rich" who are responisible for all that is wrong in this country.......why aren't we out at the polls FIRING ALL of the politicians? You think THEY aren't rich? Is it only the REPUBLICANS who have been lining their pockets back there?........Is it?.......Washington has been picking our pockets for decades, but we don't seem to turn any wrath on the Barney Franks, Mike Bloombergs and Dianne Feinsteins of this world, DO WE! Some of these old carpetbaggers have to literally DIE in office before America can divest itself of these thieves.
Fannie & Freddie both have unlimited ceilings, and Washington wants to continue to raise THEIR debt seilng...............but they DON'T want to stop all this reckless spending, for fear of losing votes from the lazy.
They don't mind cutting DEFENSE though, and they don't seem to have any problems cutting into veterans' retirement checks, either.....while still taking the time for "staged photo-ops with the troops."
Now......(pay close attention JYD), they're trying to make it the law of the land that YOU can't even send your kids to school with lunches from HOME-----(might not be good for the kids), You have to BUY from the schools.........another form of "mandate?"......DICTATORSHIP, shall we say?
But THIS GOVERNMENT knows what's right for the kids DON'T THEY! They're a bunch of friggin' EXPERTS on EVERYTHING!
Obamacare is blatant proof that our senators and congressmen are FAR MORE advanced in the medical field than anyone else.............(what do those "rookies" at John Hopkins, Walter Reed and the Mayo Clinic know!)
And they CERTAINLY know more about the economy than WE do..........heck, we're only FOURTEEN TRILLION in debt now, and China's about ready to serve an eviction notice on us!
WE......who "live beyond our means", aren't spending 3-week vacations in the Bahamas or the Carribean on the taxpayers' dime, Copenhagen, all the 2nd & third homes and mansions.
Hey.........not to single out the 1st Lady, but when she can take her kids on Air Force Two......fly to PARIS to shop......then on to London so the kids can experience genuine English Fish & Chips------------meanwhile, ol' "Mikey" here in Mountain home has to take HIS grand daughter to McDonald's in a VW........I don't NEED lectures from Washington about us "greedy Americans trying to live beyond our means!"
And all these trips and junkets (that all politicians both past and present take).......are on OUR NICKEL folks...........we pay for OUR "Big Mac", as WELL as the dinner & lodging at the five-star Marriott in Copenhagen that Pelosi and 24 OTHER Senators took with THEIR families.
WE paid for that......like we do EVERYTHING else, yet the liberals in society are perfectly content with being robbed. SO CONTENT.......they won't even clean the RAT's NESTS out of their own house during the primaries.
They point fingers and affix blame........but wrap their arms around the same crumbs who've been brainwashing them most of their lives, vote 'em RIGHT BACK IN.......then whine and point fingers some more when things GET WORSE.
A scrape here and a scrape there doesn't get it done. You have to cut the cancer OUT. If you arent willing to do that, you have no gripe coming.
We cannot vote in YOUR primaries and clean the rats out FOR you, the ones so few of you ever seem able to see. Only our own, and we've been DOING that.
If you guys aren't willing to help yourselves (AND your country), then you can just start pointing fingers in the mirror, 'cause nobody else is gonna listen.
I think sometimes that MY president was wrong, when he said that "government IS the problem."
The trained seals that keep RETURNING THEM TO OFFICE............
"THEY" are the problem!
MtnHomer............WHY have they become that party of "free stuff", you ask?????
Because in SOCIALISM...........it's not THEIR stuff they're spreading around!
I know that this tax-money-fed SPENDING needs to stop, and we need to PULL their credit card.....as any BANK would do with US if WE got out of control.
OK........LETS CUT ALL PUBLIC ASSISTANCE....WHATS YOUR NEXT MOVE???????????????
I bet they won't even want to help those down south who lost every thing including family members......
FUNNY NO TALK OF LONG TIME REPUB SENATORES OR CONGRESSMAN I GUESS THERE ARE NONE,AND LAURA DIDNT TAKE ANY TRIPS ....DID SHE?.....COME TO FIND OUT DUE TO THE LINE OF SUCCESSION PELOSI WAS ENTITLED,AND BOHENOER HAS TO ACCEPT. IT GOES WITH THE JOB......BUT I NOTICED HOW THAT IS NOT DISCUSSED......WHY????????
Those people down south they made bad choices so that is why they are in the position they are in.After all that is how you wind up poor,And private sector solutions will solve there problems you just need money or sell yourself into bondage.Whats a few family members between serf and master......sounds like a midevile novel,but its what some want for a reality....as long as there master........amazing //////////
MY wife is from that part of the country and she is not laughing..............
Open your eyes...........we GIVE Haiti money & support.
We GIVE Japan money & support.
We GIVE money and support to any other country that needs it.
But to OUR people (tornado, flood, hurricane, etc).......we make "interest-free LOANS" that have to be paid back. ("Charity" DOESN'T begin at home, does it?)
I say we help OUR people and STOP FOREIGN AID.
I say we STOP giving aid of any kind to ILLEGALS.
I say we STOP fighting and dying for OTHER COUNTRIES!
Public assistance for OUR people needs to be run a lot tighter, so only those who TRULY cannot work would get help when they need it. We haven't paid into social security all our lives so the ILLEGALS can sponge off of it..........nor did we pay into it all these decades so the GOVERNMENT could "tap" into it either!
One other thing along these "disaster lines". Those people who get flooded out and ripped out by tornados in KNOWN disaster areas....who INSIST on rebuilding in the same spots that have been plagued "forever", don't DESERVE any more help if they don't have sense enough to move somewhere else...........like all those goofballs in California who insist on rebuilding in the same mudslide areas that just took their LAST condos into the Pacific Ocean.
Our tax dollars should not be used to subsidize stupidity.
Say what you will about Trump......he'll never be the president........but he WOULD be the ONE guy who WOULD know where to cut, and how to get us out of the "red". The guy's worth billions, and that didn't happen by accident.
He DOES know his way around a checkbook, if he knows nothing else.
Couldn't say what kind of a president he'd make in the "all-around sense"..........but I'd trust HIM with our tax dollars a lot more than I do any of these "wizards" we've got back there in D.C. right now!
Sure, Laura made some trips, as do they all.
But they did NOT make an agenda of preaching to the REST of us about "OUR greed and arrogance", and admonish US for "trying to live beyond OUR means."
They didn't start dictating to us what to eat, how to live, lay mandates on us and basically try to run our lives.
The government has been "intrusive" for a long time now-------but today they are trying to run RAMPANT with it.
I guess the difference to ME........is that when you're trying to tell ME what to spend, and how much........don't be BLOWING MILLIONS of our tax dollars right in front of us.
When Pelosi pulls those Copenhagen-type stunts, and comes home telling us how we all need to "tighten our belts"...........I say----"WHO is "WE" lady?......you got a mouse in your pocket?"
Don't appoint a TAX CHEAT as head of the Treasury-----and THEN hit us CONTINUALLY with a brand new "revenue enhancement fee" every friggin' week.
Don't keep RAISING the "ceiling" so you can SPEND MORE.....and keep TAXING us to PAY FOR IT!
To FOREIGNERS, we make GIFTS.........to OUR people we make LOANS, and FORCLOSE on the "little guy" because the "little guy" ISN'T "too big to fail. Think there aren't "double-standards?"........YOU try to get a "bail-out" from Washington! Ask 'em to print YOU out some more money!
If you're gonna take chunks out of a veteran's retirement check, you had darned sure better be cutting some of your OWN, "Mr Congressman!"
Lamont & I have talked about various types of "double-standards"..............well, THESE are some of the ones that bother ME!
I don't support Obama, for the same basic reasons I didn't support Clinton, Carter or either of the Bushes.
And I'll tell you all one other thing on this particular post-----------
I do NOT want to vote against Obama in 2012.
I want to vote FOR somebody.
I am SICK of how every election cycle, it always seems to come down to the "lesser of two evils."
Just like----"I don't want to press ONE for English".............NEITHER do I want to walk into a voting booth in November and have to try to figure out which BUM is going to do the LEAST amount of damage.
Aren't ALL of you guys tired of that by now?
Wouldn't you THINK.....that from a population of 320 MILLION people........just ONCE----we could do BETTER than "Bozo-A" against "Bozo-B"?
Wouldn't you think that?
PS.........true, there isn't much talk of LONG TERM REPUBS, because WE spent CONSIDERABLE effort getting RID of as many as we could in OUR primaries, thanks to the Tea Parties.
Now, if the Dems would just JOIN us in getting rid of some of THEIRS, it would be that magical word "COMPROMISE" that would benefit EVERYBODY, no matter WHAT side of the aisle you stand on.
There'd be a lot less fighting on Capitol Hill, once all the career thieves and trouble-makers were gone. We're doing our best to kick OURS out and replace them with new blood & fresh ideas.
We need some willingness & cooperation from the left............the COUNTRY needs it!
Eagle Eye,
I didn't ask you for a resume'...I really don't care how many bullets you dodged, years you served in the service of the United States, or, who you vote for. I asked, "why did you post an article?" You see, sir, you signed your name to Art VI, U.S. Constitution without stating why you posted it.
As your post followed a sequence involving the editor's remarks and Bazook's high energy response, it was my intention to feed the dialogue with something other than reflexive buffoonery. I see that reason is not welcome here.
It's time to beam back to the mother ship...there is no intelligent life down here, with the exception of pigs.
"Dogs look up to you, cats look down on you. Give me a pig. It looks you in the eye and considers you equal." Winston Churchill
JYD - Out
LETS SEE ....MRS BUSH ,MAKES A SUGGESTION IT IS JUST THAT........MRS OBAMA MAKES A SUGGESTION AND SHE'S DICTATING (THE GOVERNMENT) WHAT AM I MISSING HERE?????? TAX CHEAT......I GUESS YOU NEVER MADE A MISTAKE ON AND INCOME TAXE FORM......YOU MUST BE INFALLIBLE.......WHAT HAPPENED TO HIM HAPPENS TO THOUSANDS OF TAXE PAYERS EVERY YEAR...........THAT DOESNT MAKE THEM CHEATS.THE CHEATERS dont get caught but that a disscussion all its own.
SORRY TRUMPS PART OF THE PROBLEM.........takes advantage of the bankruptcy laws and keeps right on trucking,while we pay his bills.you and me they make us pay .I cant go with this guy......IV been broke and owed and i didnt declare bankruptcy ........I PAID MY BILLS......HE SHOULD TRY THAT
Just sayin Trump filed bankruptcy 4 times
YOU AND I WOULD BE LUCKY TO DO IT 1 TIME NEVER MIND 4 Must be nice to have others pay your bills and then play the role with there money.......and he has the audacity to talk about a con.......you have got to be kidding me........His money has come right out of the taxe payers pockets,and we think he should run the country ??????????? Iv got and idea lets ask for his bank statments and tax returns and see what he gives up.....and then check them for authenticity if they dont say what we want.Where did he come from anyhow ????????? i want to see his birth certificate......come on take it out of your pocket dont you know we all walk around with them..........what a joke.......just goes to show how much we worship money.....this guy represents money and we bow down....................great????????????