The return of nullification

That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact [the Constitution], 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.
Virginia Resolution, 1798

As reported by the Washington Times, Missouri’s legislature, by large majorities, and pushed by tea partiers, has submitted to the voters of the state a referendum which would interpose against and nullify any law that would “compel, directly or indirectly, any person, employer or health care provider to participate in any health care system”:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS: …

1. No law or rule shall compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system.

2. A person or employer may pay directly for lawful health care services and shall not be required by law or rule to pay penalties or fines for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health care services and shall not be required by law or rule to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services….

Section B. This act is hereby submitted to the qualified voters of this state for approval or rejection at an election which is hereby ordered and which shall be held and conducted on Tuesday next following the first Monday in August, 2010….

Section C … the official ballot title of this act shall be as follows:

“Shall the Missouri Statutes be amended to: Deny the government authority [nullify! interpose!] to penalize citizens for refusing to purchase private health insurance or infringe upon the right to offer or accept direct payment for lawful healthcare services?…”
HOUSE BILL NO. 1764, Missouri General Assembly, 2010

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Note: I’m not sure if this is the same bill authorizing a referendum that the Times is referring to, since it speaks of denying the “government,” rather than the federal government, the authority to do certain things, but it’s the only document I found at the Missouri General Assembly website that uses the language quoted by the Washington Times. Also, if it is the same bill, I don’t know if this is the final language of the bill as passed.


Posted by Lawrence Auster at May 12, 2010 09:05 PM | Send
    


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