Texan calls for jail time for enforcing Obamacare Proposal
defines demanding compliance as felony with penalty of 5 years, $5,000
Texans take their rights seriously.
A bill that has been prefiled for the 2011 state legislative session
creates penalties of up to $5,000 in fines and up to five years in jail
for anyone guilty of the "felony" of attempting "to enforce an act,
order, law, statute, rule or regulation" of Obamacare, the president's
plan that effectively nationalizes the health-care decision making
At least, that is what the bill that "relates to federal health care
The federal Act:
(1) is invalid in this state;
(2) is not recognized by this state;
(3) is specifically rejected by this state; and
(4) is null and void and of no effect in this state.
It provides that "a person who is an official, agent, or employee of
the United States or an employee of a corporation providing services to
the United States commits an offense if the person enforces or attempts
to enforce an act, order, law, statute, rule, or regulation of the
United States in violation of this chapter."
It explains that the "assumption of power by the federal government
in enacting the Patient Protection and Affordable Care Act (H.R. 3590;
Pub. L. No. 111-148) as amended by the Health Care and Education
Reconciliation Act of 2010 (H.R. 4872; Pub. L. No. 111-152) interferes
with the right of the people of this state to regulate health care as
they determine is appropriate, and makes a mockery of James Madison's
assurance in Federalist Paper Number 45 that the powers delegated to the
federal government are 'few and defined' while those that remain in the
state governments are 'numerous and indefinite.'"
"The passage of the health care act opened the eyes of many
previously apathetic citizens, making them aware of the rapidly
expanding scope and influence of the federal government and its
intrusiveness into their everyday lives," he explained.
"They intuitively understand that requiring them to purchase health
insurance falls far beyond the powers granted to Congress by the
Constitution. Suddenly awake and alarmed by the fact that the federal
government has grown so far out of control, and frustrated by what they
see as the lack of responsiveness by politicians in D.C., many Americans
find themselves looking for answers," he said.
He noted that 14 states already have sued to block implementation of
Obamacare, and there probably are more than a dozen lawsuits brought by
other plaintiffs already, too.
The states' claim states, "The Constitution nowhere authorizes the
United States to mandate, either directly or under threat of penalty,
that all citizens and legal residents have qualifying health care
But he explained that the Texas plan takes the issue "a step
"While some might call this legislation radical, it rests squarely
within the scope of state power as understood by the framers of the
Constitution. James Madison wrote in the Virginia Resolution of 1798
that states not only have a right, but a duty to step in when the
federal government oversteps its authority," Maharrey wrote.
He quoted Madison's work:
That this Assembly doth explicitly and peremptorily declare, that
it views the powers of the federal government, as resulting from the
compact, to which the states are parties; as limited by the plain
sense and intention of the instrument constituting the compact; as no
further valid that they are authorized by the grants enumerated in
that compact; and that in case of a deliberate, palpable, and
dangerous exercise of other powers, not granted by the said compact,
the states who are parties thereto, have the right, and are in duty
bound, to interpose for arresting the progress of the evil, and for
maintaining within their respective limits, the authorities, rights
and liberties appertaining to them.
Michael Boldin, founder of the
Tenth Amendment Center,
said under the Constitution and a historic understanding of the rights
and responsibilities of states, Berman's plan is reasonable.
Conservative lawmaker files bill in first hour of filing period for
By Jim Forsyth
Monday, November 8, 2010
Less than an hour after the period began for filing bills for
consideration in the 2011 Legislative session, State Rep. Debbie
Riddle (R-Tomball), a leader of the newly muscular conservatives in
the Legislature, filed an 'Arizona style' measure that would crack
down on illegal immigration, 1200 WOAI news reports.
Riddle says her measure is a response to what she says is the
escalating violence caused by Mexican and Latin American gangs in
"It is absolutely out of control with the gang related crime, which is
going through the roof, so, yes, we are addressing this, and quite
frankly, I am not worried about political correctness," Riddle told
1200 WOAI news.
The measure would be similar to
SB 1070, in that it would require that local police work with federal
immigration officials in determining the legal status of a person who
is in their custody.
"If that individual is already being detained, because of another
crime, then that officer can inquire as to one's immigration status,"
Arizonalaw has been
placed on hold pending a court challenge. Riddle says her measure
would help it withstand similar legal challenges.
Republicans will hold 99 of the 150 seats in the Texas House when
the biennial session is gaveled into order January 11th, the largest
GOP majority in the Texas House in 140 years. The conservative
landslide last week is expected to result in several measures on the
conservative wish list which have been killed by Democrats and
moderate Republicans being passed in the coming legislature.
Riddle's measure would also deny all state funds to any community
which declares itself a 'sanctuary city' and refuses to aggressively
enforce immigration laws.
"The gang related crime which does have a connect with the Mexican
drug cartels has gone up 250 percent in this state," Riddle said.
"People are sick and tired of political correctness. They want their
In addition to the healthy majority in the Texas House, Republcians
will still control almost 2/3 of the seats in the 31 member State
Senate, as well as Republicans in control of all statewide elected
offices.But despite their healthy majority, Democrats like State Rep.
Mike Villarreal (D-San Antonio) say they'll fight Riddle's propsoal.
He tells 1200 WOAI news that every study which has been conducted on
illegal immigration in Texas has found that stopping it would strangle
the state's economy.
"All of the studies have calculated a net positive to our economy,"
Villarreal said. "Even considering any services which we provide to
our own citizens that they may take advantage of."
I am putting this up the Sunday before the election because in the
noise and hubbub after the election it will be drowned out and it is
very, very important.
If you are working on one of those challenger
campaigns and will come into the House of Representatives and Senate
after November 2nd, please read this and get your future Congressman
or Senator to read it.
In the next 72 hours, you will be elected to the United States
Congress. Suddenly you will find that you have friends you never knew
you had. Remember that most of them are not actually your friends.
Many members of Congress will begin whispering sweet nothings in
your ear wooing you to vote for them and their rules for the House and
Senate. Remember that these same men are the exact same people that
the voters rejected in 2006 and again in 2008.
Remember that every poll showing a Republican landslide on Tuesday
also shows that the public hates these men.
“Remember, as much as McConnell,
Alexander, Boehner, Cantor, etc. did for you, you are more
important to them than they are to you. But for you,
they would still be in the minority.”
Introduce yourself to Jeb Hensarling, Jeff Flake, and Jim Jordan.
Talk with your fellow freshmen like Tim Huelskamp, Justin Amash, and
Jeff Duncan. Those are the people who will become your closest friends
who you’ll share a foxhole with when leadership fails you but a battle
must be waged.
Remember that some of the people who will come to Congress with
you, whether it is Charlie Bass or Steve Stivers or Kevin Yoder or
Robert Hurt, etc. are unrepentant tax hixers and some will want to
transcend partisanship to work across the aisle. You got elected by
being the Party of No. Don’t let the sweet nothings of the Beltway
suddenly convince you otherwise.
No is a very powerful word in Washington and it is not used often
Finally, here is the last bit of advice I have for you today.
Remember the GOP Pledge? One person — Barry Jackson, who is John
Boehner’s Chief of Staff — single handedly had support for traditional
marriage stripped from the Pledge and did so after showing a version
of the Pledge to conservatives that had it in there to get their
One person and a staffer from John Boehner’s office no less.
When you get to Washington you will be told you need a professional
staff of lobbyists, careerists, etc. to help guide you. You will be
told that “you just don’t understand” or “you are naive” or “the
School House Rock version of how a bill becomes a law is too
simplified for the real world.”
The people telling you this are the people the voters hate and you
should not trust. Largely they will be people in leadership,
particularly staffers, who will soon depart for K Street where they
hope to profit off their relationship with you. They will work with
people like Trent Lott to try to co-opt you.
Fight the idea that you must yield to their ways instead of them
yielding to your ways. You, after all, have not been driven from power
like these men have.
You will have friends you did not know you had who really are your
friends when you stand up and fight your leadership. Do not let the
Rules Committee be a tool of Leadership. Do not men like Jerry Lewis
who helped drive us from power in 2006 remain in power. Do not let
leadership have control over committee assignments.
Do not trust Mitch McConnell and Lame-R! Alexander and John Boehner
and Eric Cantor and Kevin McCarthy even though they did so much for
you. Remember, as much as they did for you, you are more important to
them than they are to you. But for you, they would still be in the
Do not trust the leadership’s staff. They view many of you as
problems and potential disasters despite that you will vote more
reliably Republican than their preferred candidates and pets.
George Soros, the billionaire financier who was an energetic
Democratic donor in the last several election cycles but is sitting
this one out, is not feeling optimistic about Democratic prospects.
“I made an exception getting involved in 2004,” Mr. Soros, 80, said in
a brief interview Friday at a forum sponsored by the Bretton Woods
Committee, which promotes understanding of the International Monetary
Fund and the World Bank.
“And since I didn’t succeed in 2004, I remained engaged in 2006 and
2008. But I’m basically not a party man. I’d just been forced into
that situation by what I considered the excesses of the Bush
Mr. Soros, a champion of liberal causes, has been directing his
money to groups that work on health care and the environment, rather
than electoral politics. Asked if the prospect of Republican control
of one or both houses of Congress concerned him, he said: “It does,
because I think they are pushing the wrong policies, but I’m not in a
position to stop it. I don’t believe in standing in the way of an
lawsuit says science behind 'global warming' claims is junk, discredited
By Jim Forsyth
The state of Texas today
sued the U.S. Environmental Protection Agency in a federal appeals court
in Washington DC, claiming four new regulations imposed by the EPA are
based on the 'thoroughly discredited' findings of the Intergovernmental
Panel on Climate Change and are 'factually flawed,' 1200 WOAI news
Texas Attorney General Greg Abbott says the rules are illegal and if
imposed, will cost Texans in higher energy costs and tens of thousands of
"The state explained that the IPCC, and therefore the EPA, relied on
flawed science to conclude that greenhouse emissions endanger public
health and welfare," Abbott said. "Because the Administration predicated
its Endangerment Finding on the IPCC's questionable facts, the state is
seeking to prevent the EPA's new rules, and the economic harm that will
result from these regulations, from being imposed on
Texas employers, workers, and
The IPCC has become the target of criticism from other climate
scientists, with numerous revelations of sloppy research, junk science,
and allegations of cronyism, lack of transparency, and attempts to
suppress contradictory opinions in the research which contributed to the
IPCC's 2007 findings.
"The IPCC had the objectivity, reliability, and propriety of its
scientific assessments called into question after a scandal erupted late
last year," Abbott said.
One of the rules imposed by the EPA would extend clean air regulations
to the tailpipes of personal cars and trucks, but Abbott says the
pollutants which the EPA aims to restrict by this rule aren't even found
in internal combustion vehicles.
One of the rules, the so called 'Tailoring Rule,' would require that all
Texas clean air regulations be 'tailored' to match federal rules by
January 2, 2011, or the US EPA will impose it's rules on Texas.
"Today's court filings challenge the EPA's attempts to ignore federal
law, impose their federally mandated deadlines and force
Texas to spend millions of
dollars advancing the Administration’s regulatory agenda," Abbott said.
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