Posted by dljholt
CampaignForLiberty.com
12/19/09
…Q. Do citizens and states have the constitutional authority to challenge Obamacare?
A. Yes. The Ninth and Tenth Amendments to the US Constitution affirm a supremacy of rights reserved to the people and to the states: 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.” Moreover, the natural right of contract existed long before our Constitution, and is a fundamental right of citizens and a free people. American courts do not enforce involuntary contract promises.
Q. How can citizens and state legislatures challenge Obamacare mandates?
A. The “Health Care Freedom Act,” HB 10 has been introduced in the Virginia General Assembly to challenge Obamacare, can by introduced in other state legislatures in 2010. Passage of HB 10 ensures that Virginia and other states will take up this challenge of defending Liberty on behalf of citizens who refuse to submit to the illicit demands of Obamacare.
HB 10 states:
“No law shall restrict a person’s natural right and power of contract to secure the blessings of liberty to choose private health care systems or private plans. No law shall interfere with the right of a person or entity to pay for lawful medical services to preserve life or health, nor shall any law impose a penalty, tax, fee, or fine, of any type, to decline or to contract for health care coverage or to participate in any particular health care system or plan, except as required by a court where an individual or entity is a named party in a judicial dispute. Nothing herein shall be construed to expand, limit or otherwise modify any determination of law regarding what constitutes lawful medical services within the Commonwealth.”
Q. Since citizens vote for their US Representatives, if Congress passes Obamacare, must citizens abide by the law?
A. Congress’ ONLY duty is to serve citizens under the express powers of the US Constitution. Congress’ own staff concluded (see below) that the proposed insurance mandates are novel and unprecedented in the 220 years since Congress was established in 1789! Forcing citizens to purchase private health insurance violates the compact between elected representatives and citizens reducing government “of, by and for the people,” to demands of lords over subjects. The Declaration of Independence affirmed “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it.” It is the usurpers in Washington who propose to alter self government under the guise of health care reform…
The entire article is here.
