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.


Until the election, you can contact Florida State Senators here:

Florida House members here:


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: [] Sent: Wednesday, July 11, 2012 1:26 PM To: Gaetz, Matt Cc: 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- 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:

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

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

  1. Galen says:

    First of all, this discussion does not encompass Health Care, rather its all about DISEASE MANAGEMENT. DISEASE MANAGEMENT is Big Business and VERY PROFITABLE precisely because it provides a treatment rather than a cure.

    Western Medicine (Allopathic) is very good at some tasks, such as plastic surgery (repair cleft palate, etc.) and emergency care (car accident/war wounds/industrial catastrophe), but terrible in regards to degenerative disease and nutrition. Again, treatment makes money, cure loses the customer.

    Educate yourselves, friends.

    I know you can read.

    Now, can you think for yourself???

  2. DaveR says:

    @Archie1954, please explain to the assembled masses. Just how does being forced to buy health insurance do anything to make the insurance companies less rich? It’s really naked fascism at its purest. The government FORCES the populace to give money to a company whether the populace want the product or not. It would be interesting to learn how much of the stock in the insurance companies is being held by government institutions.

  3. Archie1954 says:

    Sorry Mary you are “dead” wrong about rationing of healthcare in Canada. Everyone gets healthcare and chooses their own physician and is cared for with respect to any illness with the best of care. There are waits for some surgeries due to heavy use of the healthcare system. In the US you can receive immediate surgery because your system has a lot of redundancy due to the inability of many to afford the services. So they die or suffer for lack of money while the rich go on their merry way. Yes Canada does have its problems but nothing and I mean nothing like the hellhole that is American today.

  4. Archie1954 says:

    What is wrong with this author? Did he not know the Supreme Court has judged the Obama healthcare Constitutional? If he simply wants Florida to nullify healthcare within its boundaries to keep the insurance companies rich and to kill the poor then just say so. Forget this obfuscation about unConstitutional nonsense.

  5. mary says:

    Rick, If you had bothered to read the bill, you would understand that cancer care after the age of 67 years old will not be covered at all! Get a clue and read the bill. If you bothered to do any research on countries like the UK and Canada (I have family employed in medical field in both countries) you would understand their care is “Rationed”. Free is NOT free. Terrible care is now going to cost you TWICE as much. Read the bill Rick then have the discussion!

  6. rick oconnor says:

    I don’t understand what’s up with people who oppose “Obama Care”, especially those in Florida, where so many go without.
    I have a close friend who was diagnosed with cancer several months ago;due to the loss of his job, he has no health insurance, and cannot afford any.It has taken him over 3 months to get on medicade, the cancer has since spread, and it is very possible that the cancer will now kill him.
    To those who think that sick people can just go to an emergency room and get proper treatment.They will stabilize the patient, then send him away.
    The ACA is NOT perfect, but it’s a step in the right direction. abe advised that Israel has universal health care, which is subsidized by the US tax payer. If you want to be pissed about something, chew on that. They have universal, single payer health care that YOU pay fore. Sweet!!