10th Amendment Muscle

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News & Analysis by Doug Cook

State Seal of Texas

(Dec. 27, 2009) — Transgressions of Constitutional law by both Democratic controlled Houses of the U.S. Congress, under orders from the White House, specifically health care reform and the relation to the 1oth Amendment.


In an impassioned letter discussing financial ramifications and legality of the Health Care Reform Bill and its encroachment upon 10th Amendment sovereignty (as defined by the highest law of the United States), Texas Governor Perry sent a letter to Alabama Governor Bob Riley. Writing of the financial and social burden Obamacare would place illegally and unduly on states, Governor Perry in essence stated:

As the chief executive officers of our individual sovereign states, we must stand up to this unprecedented intrusion into our lives and the rights of our citizens. We must demonstrate resolve in the face of this infringement.


The letter is brief with its points made in clear terms. In concerns expressed by Gov. Perry, he starts out his missive to Gov. Riley stating that the financial burdens their states and citizens face by passage of the Democratic health care bill, (para phrasing Gov. Perry again):

it appears the federal health care bill will be pushed through the US Senate and passed into law. This legislation will likely result in higher health care costs and a reduced quality of care for all American families, as well as major budgetary hardships for all states except a few.

Perry goes on to point out the politics involved in passage of the bill that have raised the outrage of people across the country:

in the effort to pull together enough votes in support of this bill, Majority Leader Harry Reid made a deal to secure the vote of Nebraska Senator Ben Nelson.

As a result, Nebraskans will be exempt from increased Medicaid costs from this bill’s passage.

taxpayers in Texas and in your state will be paying even more to subsidize expanded Medicaid for Nebraska and a few other states…

In light of the current state of affairs of DC politicians in the Democratic Party and its agenda of socializing every aspect of free enterprise and disinvestment of constitutional rights of the people and states, Perry ends his letter with these thoughts:

Texas Attorney General Greg Abbot is joining with several other states Attorneys General to place this deal under proper scrutiny and determine if such an exclusion-(Sen. Nelson’s deal with Sen. Reid)- is unconstitutional.

This health care bill and its unfunded mandates are unhealthy to taxpayers, our economy and our democracy. I urge you to support,(and join), the efforts of these Attorneys General and ask your own to join it, and work with me in ongoing efforts to assert the constitutional rights of states, as guaranteed under the 10th Amendment, to turn back the “one-size-fits-all” health care bill being forced through by congress.

For a full read: Gov. Perry’s letter

A growing number of states are considering actions. If effective, it could be the demise of Obamacare; for in the offing is the prospect of litigation that holds up ratification by the advent of the 2010 elections. Elections that portend a paradigm in how the electorate votes; Democrats are very conscience of the payback coming down the pike. This has the ideal benefit of avoiding legislation locked in stone; Sen. Reid’s unscrupulous attachments that secure this legislation from Amendment or removal for eternity.


While these efforts and discussion of people’s and states’ rights are encouraging, they still fall far short of addressing the root cause of the assault on the US constitution and Bill of Rights. Likely these efforts will be self serving to the financial needs of these states, if the litigation even takes place, or if so tied up for years in courts. Not to mention the further delay in justice gained and the further monetary burden of years of court actions.

There is hope that the issue of unconstitutionality of a federal health care bill, heard by a “polarized-progressive-left-orientated” federal court system, won’t go the way of Obama’s constitutional eligibility as POTUS, Acorn, the Black Panthers and voting fraud.

These States Governors may have good intentions, one wonders if in light of the lack of any effective conservative leadership they have the intestinal fortitude and vision to do what it takes.

Or, is it a case of leaden footed leadership. The importance of taking direct, effective and timely action by our states’ officials to protect and preserve sovereignty and republican government cannot be stressed enough. Pussy-footing around with niceties of fair-play legalities is to be far behind the curve of effective means to disrupting the destruction by a Marxist agenda of  Democratic lapdogs, and Obama’s vision of a fundamentally transformed “Amerika.”

Make no mistake, Obamacare is the bell weather of what is viewed as a corrupt and morally bankrupt elective government. Most likely history will show, as it did 234 years ago, that it will come down to the people to provide the effective actions and leadership to protect and assure our sovereign home.

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