Nullify Obamacare in Florida Update: FL House Member Matt Gaetz; “the state legislature has no effect on federal laws”

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Wow!! It’s as if the Tenth Amendment NEVER existed for this state representative. Imagine, a member of our State Legislature, a body that Madison advised is “in duty, bound to arrest the progress of the evil”  with regards to unconstitutional federal legislation when writing the  Virginia Resolutions, responding in these words.

What is it that creates this total rejection of a state’s rightful power? Is it fear? The loss of party leadership support? Is it perhaps the liberal course of study provided by the nation’s law schools?

Rep.Gaetz is the fifth member of the legislature to negatively respond to our call to NULLIFY OBAMACARE in Florida. The previous four are his dad, Senator Don Gaetz, Naples area Rep. Kathleen Passidomo, Citrus County area Rep. Jimmie Smith and Hernando area Rep.Richard Schenck. The latter two refusing to pledge to introduce or cosponsor the Federal Healthcare Nullification Act at a C4L Hernando meeting earlier this week according to our sources there.
It is astounding that while other states like Pennsylvania and Utah  have nullified REAL ID and Virginia has a non-compliance law against NDAA, Florida legislators remain either ignorant or opposed to standing up for their constituents in the manner allowable by law and recommended by Jefferson, Madison, and at different times used by the New England states against the Embargo Acts and free states against The Fugitive Slave Acts.

If you live in the districts represented by these legislators and you believe  the Ninth and Tenth Amendments are not fillers meant to use up parchment space; please contact them today. They might want to learn about their colleagues in other states who are currently fighting federal over reach and their historical predecessors who have done so in the past.

One last note Florida legislature, every state with a medical marijuana law is in effect, nullifying to a degree,federal marijuana laws.

It’s one thing to not want to do something. It is entirely another to say there is nothing you can do about it.

What these  perhaps well meaning, but woefully misinformed legislators offer us is a spectrum from unwillingness to ignorance.

Please write and call these elected officials and offer them the love and encouragement they need to do the right thing for LIBERTY.

When they do the right thing for LIBERTY, they do the right thing for everyone.

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Until the election, you can contact Florida State Senators here: http://www.flsenate.gov/Senators/

Florida House members here:  http://www.myfloridahouse.gov/default.aspx

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Dear Andrew, Unfortunately, the state legislature has no effect on federal laws. Please contact your local Congressman, as they will be more insight and help on this issue. Sincerely, Matt Gaetz -—-Original Message—–From: andrew.nappi@tenthamendmentcenter.com [mailto:andrew.nappi@tenthamendmentcenter.com] Sent: Wednesday, July 11, 2012 1:26 PM To: Gaetz, Matt Cc: andrew.nappi@tenthamendmentcenter.com Subject: From ‘Write Your Representative’ Website

To the Honorable Matt Gaetz; Dear Representative; Floridians cannot afford the unconstitutional Patient Affordable Care Act also known as “obamacare.” *

I support Governor Scott’s current position of not setting up health care exchanges.

* Non Compliance is a great start, it does not solve the problem permanently.

*To put an end to Obamacare permanently, the States must act in the same manner as they have throughout history in the face of unconstitutional federal actions- they must NULLIFY!

As the creator of the federal government, including the Supreme Court, the States, through the sovereignty granted them by the people, are the deciders of what is constitutional. Regardless of SCOTUS opinions, Jefferson prescribed the rightful remedy for the States in these situations: -”whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force..”

I am including with this letter a copy of Tenth Amendment Center’s Federal Health Care Nullification Act. This is the only permanent solution to ending Obamacare in Florida. As a citizen of Florida, I am requesting that you act now to introduce this legislation or co-sponsor it if introduced by one of your colleagues.

The Obamacare Nullification Movement is growing in Florida- http://libertytakeover2012.nationbuilder.com/nullify_obamacare_in_florida I look forward to your earliest convenient reply.

 

MODEL LEGISLATION The Tenth Amendment Center’s “Federal Health Care Nullification Act” is ready to introduce in your state right now. Use the text below, or click this link: http://www.tenthamendmentcenter.com/legislation/federal-health-care-nullification-act/

An Act to render null and void certain unconstitutional laws enacted by the Congress of the United States, taking control over the health insurance industry and mandating that individuals purchase health insurance under threat of penalty. SECTION 1. The legislature of the State of FLORIDA finds that: 1. The People of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes, and nothing more.

2. The Tenth Amendment to the United States Constitution defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves.

3. The assumption of power that the federal government has made by enacting the “Patient Protection and Affordable Care Act” interferes with the right of the People of the State of Florida to regulate health care as they see fit, and makes a mockery of James Madison’s assurance in Federalist #45 that the “powers delegated” to the Federal Government are “few and defined”, while those of the States are “numerous and indefinite.”

 

SECTION 2. NEW LAW A new section of law to be codified in the Florida Statutes as Section [NUMBER] of Title [NUMBER], unless there is created a duplication in numbering, reads as follows: A. The Legislature of the State of Florida declares that the federal law known as the “Patient Protection and Affordable Care Act,” signed by President Barack Obama on March 23, 2010, is not authorized by the Constitution of the United States and violates its true meaning and intent as given by the Founders and Ratifiers, and is hereby declared to be invalid in this state, shall not be recognized by this state, is specifically rejected by this state, and shall be considered null and void and of no effect in this state.

B. It shall be the duty of the legislature of this State to adopt and enact any and all measures as may be necessary to prevent the enforcement of the “Patient Protection and Affordable Care Act” within the limits of this State.

C. 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.

D. Any public officer or employee of the State of Florida 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 misdemeanor punishable by imprisonment in the county jail not exceeding two (2) years or by a fine not exceeding One Thousand Dollars ($1,000.00) or both such fine and imprisonment. E. Any aggrieved party shall also have a private action against any person violating the provisions of subsections (C) or (D).

In Liberty, Andrew Nappi
State Director Florida Tenth Amendment Center

http://florida.tenthamendmentcenter.com

http://www.facebook.com/FloridaTenthAmendmentCenter FL10thAmendment@twitter.com

Andrew Nappi is the State Coordinator for the Florida Tenth Amendment Center. He lives in the Tampa Bay Area with wife Tammy and dogs Emma and Bud Lite.

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