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Tuesday, September 2, 2014

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.


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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.

-- Posted by Eagle_eye on Wed, Apr 27, 2011, at 3:28 PM

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.

-- Posted by junkyard dog on Wed, Apr 27, 2011, at 8:04 PM

JYD----What's your point? I'm not planning on submitting a resume to satisfy curiosities.

-- Posted by Eagle_eye on Wed, Apr 27, 2011, at 8:34 PM

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?........

-- Posted by lamont on Thu, Apr 28, 2011, at 12:00 AM

OK........LETS CUT ALL PUBLIC ASSISTANCE....WHATS YOUR NEXT MOVE???????????????

-- Posted by lamont on Thu, Apr 28, 2011, at 8:02 PM

I bet they won't even want to help those down south who lost every thing including family members......

-- Posted by MsMarylin on Thu, Apr 28, 2011, at 8:15 PM

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..............

-- Posted by lamont on Thu, Apr 28, 2011, at 9:33 PM

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

-- Posted by junkyard dog on Fri, Apr 29, 2011, at 5:59 PM

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

-- Posted by lamont on Sat, Apr 30, 2011, at 10:12 AM

Just sayin Trump filed bankruptcy 4 times

-- Posted by MsMarylin on Sat, Apr 30, 2011, at 11:05 AM

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????????????

-- Posted by lamont on Sat, Apr 30, 2011, at 2:37 PM


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