We Call EPIC FAIL On FL Legislators Who Oppose Obamacare But Will NOT NULLIFYNOW!

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Florida’s legislature is composed of a super majority of Republican Party of Florida members. Response letters from two of these law makers regarding the nullification of PACA follows below.

In theory, they can legislate whatever they want and over ride a Governor’s veto with their numbers. Each and everyone of them swears to wear the mantle of “conservatism” with all the currently base appealing attributes of “limited government”, “lower taxes” and of course, “constitutional fidelity.”

All of these fine folks are aghast at the SCOTUS decision regarding the PACA. All are sworn to “work for the election of those in November who will repeal this bill.”

In doing so, all are overlooking, if they even were aware in the first place, that THEY are the repealers of this bill and need not wait until November. They need not wait for November because THEY are the keepers of the “rightful remedy.”

THEY are whom Madison wrote of in the Virginia Resolution with these words:


“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.”-Virginia Resolutions,1798


The Florida legislature can literally DESTROY  obamacare dead now, in its tracks, inside the State of Florida.  Or, they can wait until November, suck up the results and say “the Courts has spoken and we have no choice.”

In that case we should all be left wondering  just who are these cowards in whom we have invested our sovereign authority and consent to govern? If they are not for us now, in the face of this evil, then when?

______________________________________________________________________________________________

______________________________________________________________________________________________

To gaetz.don.web
Dear Senator;

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.”

^back to top

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
Tenth Amendment Center Life Member
State Director
Florida Tenth Amendment Center

GAETZ.DON.WEB GAETZ.DON.WEB@flsenate.gov
Jul 12

Dear Andrew,

Thanks so much for your email regarding the implementation of Obamacare.

I was surprised and deeply disappointed in the Supreme Court’s ruling declaring this law to be a constitutional exercise of Congress’ taxing powers. Among the disturbing aspects of this ruling is that what was denied to be a tax in order to pass it is now defended as a tax in order to make it legal.

This legislation is the most intrusive expansion of federal power in our lifetimes and is a huge tax increase at exactly the wrong time in our struggle to recover economically.

Along with many other Floridians, I am working hard every day to support candidates who will repeal Obamacare following the November elections.

Please always feel free to stay in touch with me on this or any other issue. Your comments, suggestions and guidance make me a better senator.

Respectfully,

Senator Don Gaetz

Dear Senator Gaetz;

          Thank you so very much for your most kind and prompt reply. I do appreciate it.
I am told that traditionally the Senate President does not introduce legislation. I do believe Senator Haridopolis departed from that last year by sponsoring the Florida Health Care Freedom Act. That act is admittedly, even by ALEC, the source for the essence of the text, merely a device to obtain court standing.
           I could not ascertain from your letter if you would be following Senator Haridopolis, only this time introducing a real Health Care Freedom Act, as represented in our Tenth Amendment Center template.
Thank you again for you most prompt and courteous reply. I do appreciate it.
"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."-James Madison, The Virginia Resolutions of 1798

In Liberty,
Andrew Nappi
Tenth Amendment Center Life Member
State Director
Florida Tenth Amendment Center

______________________________________________________________________________________________

> From: andrew.nappi@tenthamendmentcenter.com
> [andrew.nappi@tenthamendmentcenter.com]
> Sent: Wednesday, July 11, 2012 4:59 PM
> To: Passidomo, Kathleen
> Cc: andrew.nappi@tenthamendmentcenter.com
> Subject: From 'Write Your Representative' Website
>
>
> 07/11/12 4:59 PM
>
> To the Honorable Kathleen C. Passidomo;
>
> 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.”
>
> ^back to top
>
> 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
> Tenth Amendment Center Life Member
> State Director
> Florida Tenth Amendment Center
> 
On Thu, July 12, 2012 4:40 pm, Passidomo, Kathleen wrote:
> Thank you for contacting me regarding the Supreme Court’s Decision on the
> Patient Protection and Affordable Care Act (PPACA); as your State
> Representative, I appreciate your input on this issue.
>
> While the Supreme Court's decision to uphold the major provisions of the
> law is unfortunate and disappointing, the Court’s decision to strike down
> the mandatory Medicaid expansion in PPACA is a step in the right
> direction. Based on a preliminary reading of the decision states can
> choose whether to expand their Medicaid program or not. The Florida
> Legislature will carefully consider expansion of the program while
> considering other fiscal priories and maintaining a balanced budget.
>
> Unfortunately, the Supreme Court ruling determined the individual mandate
> and the employer mandate are constitutional. I believe that the
> individual mandate to buy insurance or pay a tax infringes on the liberty
> of Florida families and reduces the choices for families and individuals
> who do buy insurance. I also believe that the employer mandate to offer
> and help pay for insurance or pay a tax is a tremendous burden on Florida
> businesses that could have disastrous effect on our economy.
>
> Again, thank you for contacting me regarding this issue.
>
> Representative Kathleen Passidomo
> District 76-Naples, FL
>
> District Office:
> 3299 Tamiami Trail East, Suite 304
> Naples, FL 34112
> Phone: 239-417-6200
> Fax: 239-417-6204
>
> Capital Office:
> 324 The Capital
> 402 South Monroe Street
> Tallahassee, FL 32399
> Phone: 850-488-4487
>
> Legislative Assistant: Kevin Comerer
> District Secretary: Danielle Alvarez
>
Dear Representative;

     Thank you for your most prompt and courteous reply. I do appreciate it.
Although I do not expect us to have a back and forth on this I would point
out two flaws in your response.
     First, the SCOTUS ruling is not encouraging. There is no victory for
federalism in this decision. As Professor Brion McClanahan points out
with laser clarity: "Roberts did not limit the power of congress
under the “commerce clause.”  His decision in essence upheld an
expansive interpretation, and he used the infamous Court decisions of
McCulloch v. Maryland, Gibbons v. Odgen, and Wickard v. Filburn to
defend an already distorted view of congressional power over
commerce.  By invalidating the “commerce clause” defense of the
Affordable Care Act, Roberts did, in the short term, stop further
unconstitutional expansion, but he did nothing to restrict
congressional power over commerce.
Roberts revalidated it, going so far as to praise the decision in the
Wickard case.  We still can’t grow our own wheat for our own consumption
on our own land without congressional oversight.  Roberts makes that
clear.  The congress can still, in his mind, regulate anything that might
be considered commerce—interstate, international, and intrastate—so long
as it does not compel a person to engage in commerce.  This is no victory
for limited government."-John Roberts Meet John Marshall
http://tenthamendmentcenter.com/2012/07/02/john-roberts-meet-john-marshall/

     Second, I would point out that it is the STATES who have granted what
limited authority the federal government possesses. This includes
Congress and SCOTUS. The STATES hold the ultimate opt out power as
creators of these entities whensoever their limited powers agent
steps outside of its enumerated authority. In this case Congress and
the Court has over stepped all manner of legal authority- Congress by
creating this act, and SCOTUS by upholding any portion of it
regardless of whatever semantic contortions they may choose to
employ. A law that is not within the power of the federal government
is no law at all. Allowing a branch of the federal government to be
an arbiter of that same government's power is an illogical argument
to the constitution of the Framers and Ratifiers. It was always the
STATES who were meant to be the ultimate check and balance on their
creation. To accept less is to make null and void the Founder's
Revolution. Your position merely accepts one central domestic tyrant 
opposed to a foreign tyrant ruling from abroad.

     Again, thank you for your kind and prompt reply.

"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."-James
Madison, The Virginia Resolutions of 1798

In Liberty,
Andrew Nappi
Tenth Amendment Center Life Member
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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One Response to “We Call EPIC FAIL On FL Legislators Who Oppose Obamacare But Will NOT NULLIFYNOW!”

  1. Kenneth Cherevko says:

    I hope you’ll pardon me when I say that our Tallahassee legislature sucks ass. Especially J.D.Alexander.