by Jay Printz at American Daughter
Recently decided tenth amendment cases support constitutional challenges to ObamaCare. Here is evidence that my battle in Printz v. United States was not in vain, as so many liberals would have you believe! From FOXNews — An Obamacare Shocker:
….there’s another key provision in Obamacare that probably violates the Tenth Amendment: the state exchanges.
The Tenth Amendment went for so many years without being used to strike down any law that it came to be regarded as what is called a “dead letter” in the Constitution, meaning a provision that says some sort of obvious statement, but that isn’t actually used by the courts for anything.
Then, in the 1990s, the Supreme Court shocked the legal world by striking down two laws for violating the Tenth Amendment. The first was New York v. United States in 1992, where the Court struck down a federal law requiring states to pass state laws for the disposal of radioactive waste, and to issue regulations for implementing those laws. Then in Printz v. United States in 1997, the Court struck down a provision of the Brady Act—a federal gun-control law—that required state and local law enforcement to run background checks on handgun purchasers.
From these two cases emerged the anti-commandeering principle, holding that the Tenth Amendment forbids the federal government from commandeering—or ordering—any branch of state government to do anything. The states are sovereign and answer only to their voters, not to Washington, D.C.
Therein lies the problem for the Senate’s Obamacare bill. It requires each state to pass laws setting up a statewide non-profit insurance exchanges. It then requires the states to pass regulations for implementing those laws. And it further requires the states to dedicate staff and spend state money to administer those programs.
In most respects, this is a straight-out repeat of those 1992 and 1997 cases. The main difference is that Obamacare violates the anti-commandeering principle in a far more severe and egregious way than those previous laws ever did.
This is really stunning. If New York and Printz had been decided as far back as 1910, then maybe you could imagine Congress deciding to roll the dice with a completely new Supreme Court a century later. But these are recent cases with conservative outcomes, and the only difference is that the Court has become a bit more conservative then it was in the 1990s when it decided those two cases….
The only way the Dems can get around this is to drag out the constitutional challenges until Obama, in a second term as president, may have a chance to replace two conservative Supreme Court justices with liberals.
The American public must deny Obama a second term, and the certain destruction of states’ rights.
[Jay Printz is a member of the Board of Directors of the National Rifle Association; a 26-year veteran Montana Sheriff, retired in 1999; U.S. Marine and Vietnam combat veteran. He spent a dangerous year in Iraq in 2004-2005, serving as an advisor to Iraqi national security forces. He brought a successful U.S. Supreme Court challenge against the "Brady Law" in the landmark case, Printz v. United States.]