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Barack Obama at a presidential debate at Hofstra University in New York.

The U.S. Supreme Court has agreed to rule on the constitutionality of Obamacare, the president’s signature health-care-takeover legislation, but a rights organization that advocates for restoration of recognition of the 10th Amendment says states and consumers should not count on the court to reverse the law.

“From 1937 to 1995, the Supremes didn’t strike down a single federal law as unconstitutional. Not one in nearly 60 years,” Michael Boldin, executive director of the Tenth Amendment Center, wrote in a warning about the issue.

“Bottom line? When it comes to limiting federal power, the Supreme Court is NOT to be trusted. Not only have they utterly failed to uphold the Constitution, it’s not really in their interest either.”

The Supreme Court announced Nov. 14 its acceptance of three Obamacare-related cases. It will hear more than five hours of arguments. A decision isn’t expected until the middle of next year.

Add your name to the petition opposing Obamacare.

Essentially, the issue is whether under the Commerce Clause the federal government, under threats of fine and jail, can order citizens to purchase a government-specified product –  health insurance – from a private company. Critics say such power is unconstitutional, and if affirmed, there is nothing the government could not order, from which car to purchase to which food to each to how much exercise to do.

Boldin said his organization has drafted state-level legislation that allows states to reject “the notion of not just health insurance mandates from the federal government, but the very core idea that the federal government is authorized to be in the health care industry at all.”

The organization’s Federal Health Care Nullification Act declares that Obamacare “is not authorized by the Constitution of the United States and violates its true meaning and intent.”

It explains, “Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a felony and upon conviction must be punished by a fine not exceeding five thousand dollars ($5,000.00), or a term of imprisonment not exceeding five (5) years, or both.”

North Dakota already has passed a version of the bill, as have several other states.

That such activities by states is effective is proven by the status of the Read ID Act made law in Congress.

“When Maine, New Hampshire, Utah and other states started passing resolutions and laws to ban participation in the Real ID Act, it was the strength of multiple states acting in unison that resulted in the federal government backing off – like the house of cards that it is,” Boldin said.

The organization, however, said state lawmakers need to act soon.

“Sitting around and waiting, hoping, or begging the federal courts to limit federal power – is not the game plan of a patriot,” Boldin said. “I strongly urge you to personally email AND call your state senators and representatives and demand that they introduce the federal health care nullification act in your state.

“When enough good people rise up and say no to tyranny, and enough states introduce and pass laws backing them up,  there’s not much that the feds can do to force their unconstitutional acts, regulations … and mandates down our throats,” he said.

Just a few weeks ago, Ohio voters by a 2-1 margin approved a state constitutional amendment declaring Obamacare’s requirement for Americans to purchase government-approved health insurance unconstitutional, joining a growing surge of state-level activity that could bode ill for the legislation – no matter what the U.S. Supreme Court rules.

The state votes so far on Obamacare:


Blue indicates legislation introduced, yellow means passed in 1 house, green passed in both houses, red passed as law, black faile

Nearly a dozen states have passed either constitutional amendments or statutes to prevent Obamacare from being implemented in their state.

Tennessee, Kansas, Louisiana, Virginia and Idaho are among the states that have passed legislation, and Ohio Arizona, Missouri and Oklahoma have passed amendments. 

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