Thursday, November 29, 2012

Rep James White Files Constitutional Amendment Bill to Invalidate Obama Healthcare Individual Mandate in Texas

There have already been several great bills filed for consideration in the 2013 Texas Legislature. These great bills range from protecting unborn babies after 20 weeks because they can feel pain, to allowing Texas to be one of the over 40 other states who allow open carry of handguns.

You can now add my East Texas State Rep. James White to the list of people who have filed awesome conservative bills for the upcoming 2013 Texas Legislative Session.

Super Conservative Texas State Representative James White has filed a bill to constitutionally protect Texans Residents from Obama's Healthcare Individual Mandate.

According to 1200 WOAI News, State Representative James White (R-Lufkin) has introduced a Constitutional Amendment which would prohibit any Texas official, or any federal official operating in Texas, from taking any steps whatsoever to punish any Texas resident for refusing to purchase health insurance.

  "We don't think another bloated federal plan is going to be the solution," White told 1200 WOAI news.  "If big federal plans or big plans out of Washington were the answer, we wouldn't be in the situation where we are now in health care."
This bill has many hurdles to clear, but if this bill passes the Texas House of Representatives and the Texas Senate, it will be put on the ballot for all the residents of Texas to vote on. If the residents of Texas vote to approve, the Texas State Constitution would be amended to invalidate the individual mandate of Obamacare.

Yes, it would of course face a United States Supreme Court challenge, but that does not scare Rep. White. Some politicians run away from legislation that they fear might not pass, but the politicians who actually stand for conservative values will stand up for conservative legislation regardless of the chance of the legislation passing.

The last big Constitutional Amendment that was passed in Texas was the Texas Marriage Amendment that defined marriage in Texas as between only a man and a woman. This amendment was passed to make a statement, and also to prevent a radical judge from striking down a marriage law as unconstitutional. By making marriage as between only a man and a woman in the Constitution, no judge can strike it down as unconstitutional.

Same concept with this Obamacare Constitutional Amendment that Rep White is proposing. If it gets passed, hopefully it will be a little harder for it to be struck down because it is not just a law, it will be part of the Constitution of the State of Texas.

White stressed to WOAI News that his measure would not strip health coverage away from any Texan.  He says it would simply invalidate the Individual Mandate in Texas.

7 comments:

  1. Very good move and my prayers support this Constitutional Move. Let The Whole Heaven be in alignment with this bill. Bubba

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  2. Jesus, you people are dumb: http://en.wikipedia.org/wiki/Supremacy_Clause

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    1. Let me be similarly dismissive and challenge your reading comprehension. Laws made in "pursuance thereof" the Constitution take supremacy. PPACA is not made pursuant to the Constitution, because it abridges the freedom of contract (by empowering Sebelius to decide what is and is not a valid policy, arbitrarily), and compels behavior that is not necessary and proper for carrying out Article 1, Section 8 powers, nor any additional power added by amendment.

      Even the Supreme Court - which erred in its opinion - only affirmed a limited, narrow constitutionality for ObamaCare: (a) as a tax, not a penalty, & (b) only because the tax is not so onerous/burdensome as to make it de facto compulsory. Indeed, the tax is cheaper than most health care, which is why it makes sense to just pay it.

      The federal government can pass Sedition legislation, but since that is not pursuant to the Constitution, Kentucky & Virginia were right to nullify said assertions of federal power.

      Congress is not plenary, and this country does not recognize parliamentary supremacy.

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  3. The Supremacy Clause says the Constitution and the laws made in pursuance thereof are the supreme law of the land. Obamacare is not a law made in pursuance thereof, since it has no basis in the Constitution.

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    1. Thank you Mr. Stutts for explaining why the Supremacy Clause does not apply to the Affordable Health Care Act and Texas State Nullification is a valid response to Obama Care. Is there a site I can access to learn more about why state nullification can be used?

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  4. Why not just do the ULTIMATE ONE TIME ONLY Nullification rather than fighting each issue one at a time?
    Lets vote in TEXAS INDEPENDENCE !!

    I fought very hard for 3 yrs for Nullification til I realized that was the LONG way around to correcting the SO MANY UNconstitutional issues & gvt agencies ... & something that I would never see in MY life time :(

    Go read "Line in the Sand" ... it is a FREE download folks:

    http://texasnationalist.com/index.php/line-in-the-sand


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    1. BTW: I'm not saying that we should NOT support Mr White in this ... but do it in conjunction with !!! :)

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