Bill to Truly Nullify ObamaCare in Oklahoma Neutered!

Contact House Majority Floor Leader to allow HB 1276 to be heard
Oklahoma pro-gun stalwart Representative Mike Ritze is running a nullification bill against ObamaCare.
HB 1276 states, “The Legislature of the State of Oklahoma declares that the federal laws known as the ‘Patient Protections and Affordable Care Act’ and the ‘Health Care and Education Reconciliation Act of 2010,’ are not authorized by the Constitution of the United States…and hereby declared to be invalid in the State of Oklahoma, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.”
Unfortunately, penalties for violating this act were amended out of the bill rendering it “toothless.”
Under the original legislation, a state government official who attempted enforce the federal statutes could face misdemeanor charges and face a penalty of up to two years in jail and a $1,000 fine.
Additionally, Oklahoma citizens who are forced to comply with ObamaCare would have been allowed to sue the government agents enforcing that law. (Emphasis mine)
Without these enforcement provisions, HB 1276 will have very limited impact.
Many people are not aware that ObamaCare will allow the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) to troll a federal database containing your most confidential health care data in order to create millions of new “prohibited persons” for the FBI’s Instant Check system.
Action: Please contact House Majority Leader Dan Sullivan to ask that the bill, HB 1276, be heard again to put the enforcement provisions back into the legislation.  His Capitol office phone number is (405) 557-7361 and his email address is: danielsullivan@okhouse.gov
Every effort must be made to defeat this socialist program and Oklahoma gun owners can help by supporting the enforcement amendments to HB 1276.

One response to “Bill to Truly Nullify ObamaCare in Oklahoma Neutered!

  1. The bill might appeal to the legally ignorant but it is foolishly misconceived. The press comments about nullification in history are also incorrect. Nullification is the abandonment of attempts to enforce something, not the acts of resistance to it, and that resistance is passive disobedience, not repeal. The Kentucky Resolutions of 1798 were a protest, not a nullification effort.

    If any state official tried to enforce a penal statute against a federal agent, the case would be immediately removed to federal court and dismissed, so it could never be enforced. It is likely that hapless state official would then be criminally prosecuted in federal court for interfering with a federal officer, and that prosecution would be effective. The state would also not be allowed to represent him, so he would be on his own. The resulting publicity might have some effect as political theater, but not as law.

    It also misconceives how the Affordable Care Act would be implemented. It is only about taxing and spending, and all of that can be done from outside the state. The IRS may not levy or lien to collect the individual mandate, now called a tax, but only deduct it from other money it has received from someone, such as through employer withholding. It could enforce collection of other amounts it would claim, but not that portion. The only way to get at the IRS for collecting a deficiency would be to try to nullify the entire federal income tax on compensation for labor.

    Nullification done right is complicated and needs careful planning and execution. There is a competent proposal that might work for some kinds of federal usurpations thoroughly discussed at nullifynow.net . That proposal needs to be pushed instead.

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