Blog

Governor Christie Vetoes Health Care Exchange…for Now

Thursday, May 12, Governor Christie vetoed A2171/S1393, the New Jersey Health Benefit Exchange Act.  The governor waited until the last day to exercise his veto power, and up until that time, individuals and organizations in support and opposition to the bill were unsure what his decision would be.

There has been a great deal of commentary on Governor Christie’s veto of A2171, but the Governor provided an explanation of his actions on his page.  I give credit to the governor for his diplomacy when he refers to the “significant public debate and discourse” that occurred during the federal government’s passage of the Patient Protection and Affordable Care Act, a.k.a. Obamacare.  Congress went out of their way to suppress debate on the bill and rush it through, complete with hastily scribbled hand corrections.  As Nancy Pelosi put it, we had to pass it before we found out what was in it…but I digress.

While Tenthers and anyone else concerned about the Constitution are justified in applauding the governor’s veto, we should also be vigilant.  Nowhere in the governor’s explanation did he say that the individual mandate or further federal expansion into health care or federal involvement in health care to begin with was unconstitutional.  He did not say he would veto a reintroduced, modified version of the New Jersey Health Benefit Exchange Act if the U.S. Supreme Court ruled the PPACA constitutional later this year, which is a possibility.

Contact Governor Christie if you have not done so already.  Thank him for his veto of A2171, and urge him to veto any and all further legislation that would surrender our state sovereignty, whether on matters of health care or anything else.  In addition, contact your state legislators if you believe our health care, and much more specifically our health insurance system, needs reform.  That is where the debate should have been in the first place.  Let them know you’ll be watching them to see what they do, and that they won’t be able to pass a 2,000 page bill on us like Congress did.  Remind them that they represent and are accountable to you, not Washington, D.C.

Legislative Alert – A2171

(h/t Americans for Prosperity New Jersey Chapter)

There are times when, in order to make a point regarding a piece of legislation, one must simply quote those who have already spoken on the matter.

“The time has come for the governor to take a principled stand against ObamaCare and to protect the rights of every New Jersey citizen to make their own health care choices.

“Furthermore, the governor has an obligation to protect our state’s sovereignty against this federal power grab.  The states created the federal government, not the other way around.  Where the federal government excess its enumerated powers and infringes on states’ rights, the governor has an obligation to say ‘no’

“The governor needs to act.  By law, this cannot wait until the Supreme Court hands down its decision two months from now.  The governor must veto this bill now and let the people of New Jersey know once and for all where he stands on ObamaCare.” – Mike Proto, Communications Director, Americans for Prosperity, New Jersey Chapter

The New Jersey Chapter of the Tenth Amendment Center echoes Americans for Prosperity’s sentiments on this important issue facing our state.  Americans for Prosperity is urging its 64,000 New Jersey citizens in a recent article to sign a petition urging Governor Christie to veto the New Jersey Health Benefits Act , A2171, which would set up ObamaCare’s health care exchanges in New Jersey.

In a recent town hall meeting in South Plainfield, Governor Christie stated he would veto legislation that surrendered New Jersey’s constitutional authority and sovereignty to the federal government.  This bill would do just that.  In addition to putting your own signature on AFP’s petition, contact the governor’s office directly.  Send your own e-mails, letters and faxes.  Call the governor’s office at 609-292-6000 and politely but firmly tell the governor’s staff this is one of those pivotal moments in which he can, with the stroke of the veto pen, defend the liberty and sovereignty of his fellow New Jerseyans.

Talking the Tenth with the Governor

April 12, I had the opportunity to meet New Jersey Governor Chris Christie at a town hall meeting right in my town of South Plainfield, as well as confront my dread fear of public speaking for the first time since Nullify Now Philly, when I got to ask NJ Assemblywoman McHose a question and join members of the NJ and PA TAC chapters for some Q&A.  My wife Judy, being off this week, was able to watch the little ones while I went.  It was a great opportunity not only to discuss nullification with the Governor, but to share the idea with a capacity crowd at the South Plainfield PAL, the majority of whom had probably never heard nullification discussed.

Based on 5-10 second news station clips of altercations at other town halls, I expected a Governor who would be belligerent in his response, and was prepared to respond, “Save some of that for DC!” if it came to that.  It turned out I didn’t have to.  He was very considerate about listening to questions and tried to be as thorough in his responses as time allowed.  To paraphrase the Governor, he definitely let the people know where he stood, and they could decide from there if they agreed or disagreed with him.  I humbly admit, I prejudged based on a few incidents the media emphasized, where interestingly enough, the comments made to Governor Christie never seemed to make it on television.  Only the responses were televised.

When the governor called on me, I had hoped to get video footage to share with the Tenth Amendment Center site, but due to me not looking where I was pointing my camera, I mostly got the kid sitting in front of me, and I figured he and his family wouldn’t appreciate me sharing that.  My question for the Governor was two-fold.  First, if legislation reclaiming state authority over an issue and saying no to the federal government on constitutional grounds were brought to his desk, would he sign it?  Second, if legislation surrendering state authority to the federal government were brought to his desk, would he veto it on constitutional grounds?  Simple, basic, and something that in another forum probably could have led to an extended interview, which I honestly wouldn’t mind doing with any member of our state government or anyone at the county or municipal level.  But perhaps someone else should handle operating the camera if that day comes.

The answers, coming from a former member of the Bush administration, surprised me.  Once again admittedly prejudging, I expected the textbook lecture about federal supremacy in all things and how dare I suggest otherwise.  The second question was answered first, which was a resounding yes.  As for the first question, it depended on the issue and the individual piece of legislation.  He felt it was too broad a question to say yes across the board, but that it was something that had to be looked at when the issue called for it, perhaps somewhere between a “maybe” and a “no, unless…”

We ended our rather pleasant and friendly exchange with me recommending he check out the Tenth Amendment Center’s model legislation, which I hope he will do.  If he doesn’t, well at least a few hundred New Jerseyans got to hear the issue discussed with the Governor, with members of the South Plainfield Borough Council present as well.  I also know it made at least a little bit of an impression with the Governor, since when another resident asked a question about the Governor’s feelings on ObamaCare, he pointed in my direction and said this would be a good question for “our Tenth Amendment guy.”

Hmm…Tenth Amendment Guy.  I like the sound of that.  If only super public speaking powers and a uniform came with that title.

Videos from Nullify Now! Philadelphia

One attendee summed it up nicely:  ”What an incredible experience beginning to end. Great speakers who know how to inspire and are leading the way to restore the republic. Every American should hear Sheriff Mack, Thomas Woods and Robert Scott Bell speak at least once!  Inspirational!”

We couldn’t agree more, and you can help by sharing these videos.  Thanks to granitegrok, MrDarrenlobo2112, TruthsquadTV, StoptheNWO2012  and The Tenth Amendment Center for the following:

Michael Boldin

Thomas Woods – “Onward!”

Sheriff Richard Mack

Blake Filippi – Nullify the NDAA

Mike Maharrey  (3 parts)

Robert Scott Bell

James Babb of We Won’t Fly

Joshua & Mark, The Forgotten Men

Darren Wolfe with Come Home America on peace activism, Defend the Guard legislation, and the upcoming End the Fed rally

Mike Finger presents the New Hampshire Free State Project

Doug Tjaden of Silver Saver and the Sound Money Center, speaks on ending the federal reserve from the bottom up…

Antidote to the NDAA: Liberty Preservation Act


The parade of unconstitutional federal acts and lawlessness marching out of DC continues. The latest offense is the NDAA, (National Defense Authorization Act) which contains provisions that threaten our liberties. There is a way to counter this, and it starts with you.

The Tenth Amendment Center has released the Liberty Preservation Act, which includes 3 pieces of legislation to be used at the state level or more locally.

Please contact your representatives here in New Jersey, and urge them to introduce this legislation.

You can read more about the NDAA here

New Jersey Tenth Amendment Resolution on the table

The New Jersey Assembly will consider a Tenth Amendment Resolution during the 2012 legislative session.

ACR50 claims state sovereignty under the Tenth Amendment to the United States Constitution over all powers not otherwise enumerated and granted by Constitution to federal government.

While this resolution does not carry the force of law, it includes forceful language to strengthen the foundation for further state measures designed to nullify federal usurpation.

WHEREAS, Federalism is the constitutional division of powers between the national and state governments; and

WHEREAS, Thomas Jefferson called for “the support of the State governments in all their rights, as the most competent administrations for our domestic concerns and the surest bulwarks against anti-republican tendencies;” and

WHEREAS, The Tenth Amendment to the Constitution of the United States reads as follows: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people;” and

WHEREAS, The Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and

WHEREAS, The scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and

WHEREAS, In 2009, the states are demonstrably treated as agents of the federal government; and

WHEREAS, Many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States…

This concurrent resolution recognizes that the Tenth Amendment to the Constitution of the United States provides: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” This concurrent resolution further recognizes that many federal mandates are in direct violation of the Tenth Amendment to the Constitution of the United States. Additionally, this resolution notes that in New York v. United States, 505 U.S. 144 (1992), the United States Supreme Court ruled that Congress may not simply commandeer the legislative and regulatory processes of the states.

As such, this resolution claims sovereignty under the Tenth Amendment over all powers not otherwise enumerated and granted by the Constitution to the federal government and serves as notice and demand to the federal government to cease and desist mandates that are beyond the scope of these constitutionally delegated powers.

The bill is Sponsored by: Assemblyman Gary R. Chiusano (R) and Assemblywoman Allison Littell McHose (R), along with five cosponsors.

“Tenth Amendment resolutions serve as a gateway. They not only send a message to D.C., reminding them of their proper place, resolutions often lead to more specific and forceful nullification down the line. I’m excited to see New Jersey working to lay a foundation and I hope they get this pass,” Tenth Amendment Center communications director Mike Maharrey said.

To track Tenth Amendment Resolution bills across the U.S., click HERE.

For model Tenth Amendment Resolution legislation, click HERE.

Agenda 21 – Another Enemy of the Constitution

Most of the Tenth Amendment Center‘s efforts since its founding have been focused on opposing the federal government’s usurpation of state, local and individual powers. There are certainly plenty of actions on the part of the federal government in the past century that could fall under that category, with both major parties sharing culpability. Unconstitutional wars, the war on drugs, massive government expansion into health care, education, agriculture…the list could go on and on. However, another threat to local, state and even national sovereignty comes from the international community, specifically the United Nations.

Coming out of the 1992 Rio Summit, Agenda 21 seeks to increase the UN’s power over areas of life ranging from farming practices to housing, all under the guise of environmentally sustainable development. What Agenda 21 really amounts to is a threat to private property rights, free markets and local self-government. Ironically, many towns have been gradually implementing Agenda 21 at the local level through ICLEI, which is an organization of local governments for sustainability. Like many power grabs, it is presented as being for the good of the people, but if one looks at the results of centralization of power at the national level, much less the international level, it is difficult to believe their rhetoric about saving the earth will yield any environmental benefit.

Even the establishment in the Republican Party recently came out with a resolution condemning Agenda 21. Like most good things in American life, however, this did not come about through a massive top-down effort from the Republicans in Congress. It was due to pressure from grassroots organizations, a pressure which has begun to have an effect at the state level.

The social networking sites are abuzz with bits on the push back against Agenda 21 from the bottom up. The Facebook page for Tea Party of Middlesex County, NJ (h/t Beth Kercado) recently shared a link regarding a bill introduced in the New Hampshire House. HB 1634 would ban participation, funding of, or receiving grants from ICLEI within the State of New Hampshire. The bill is currently in committee in the House. While this bill still has a long way to go before final passage, it should be noted that even when certain state sovereignty legislation fails to pass in New Hampshire, other states often take up similar issues in their legislatures, as happened in 2009 with the massive push for Tenth Amendment Resolutions across the country.

While no bill of this type exists in New Jersey, there was a time when no such bill existed in New Hampshire either. Our legislators need to hear from us, and the message must be clear. The agenda of the UN is one of control. Ours needs to be freedom and property rights.

New Jersey legislature considering health freedom amendment

written by TAC Daily Updates

The New Jersey legislature will consider a bill proposing an amendment to the state Constitution prohibiting State or federal law from compelling a person to obtain, provide, or participate in a health care coverage plan.

ACR42 is sponsored by Assemblywomen Alison Littell McHose (R), Assembleman Gary R. Chiusano (R), and Assemblyman John DiMaio (R). The Senate version (SCR23) is sponsored by Michael J. Doherty (R) and has six cosponsors.

http://www.njleg.state.nj.us/2012/Bills/ACR/42_I1.HTM

http://www.njleg.state.nj.us/2012/Bills/SCR/23_I1.HTM

ACR42 proposes to amend Article I of the Constitution of the State of New Jersey by adding a new paragraph 23: “To preserve the freedom of the people of New Jersey to provide for their health care, no State or federal law or regulation shall compel, directly or indirectly, any person to obtain health care coverage, any employer to provide health care coverage to its employees, or any health care provider to participate in any health care coverage plan or program”

The New Jersey Assembly has taken this step in a direct response to the upcoming Federal Supreme Court hearings in late March on the constitutionality of Obamacare. This bill would essentially nullify the insurance mandate in the federal health care act, regardless of the Supreme Court decision.

“We are taking this step as a way to reject any potential national health care program that may be coming from Washington. We are doing so in response to a Congress that doesn’t appear to represent the interest of the people of New Jersey. Several other states have taken a similar step. They include Arizona, Florida, Michigan, Missouri, Ohio, and Pennsylvania” McHose said.

If passed by both houses, the amendment will be submitted to the people at the next general election.

“Our citizens are rightly concerned that Washington D.C. bureaucrats will force a government health care program upon them. This amendment, if ratified by the voters of this state, will nullify any law that mandates health coverage within New Jersey borders,” Doherty said.

To track health care freedom act bills from across the U.S., visit:

http://tenthamendmentcenter.com/nullification/health-care/

McHose reintroduces Health Care Nullification Bill in N.J.

written by TAC Daily Updates

New Jersey Assemblywoman Alison Littell McHose (R- Sussex) has resubmitted a bill that would nullify the Patient Protection and Affordable Health Care Act in the Garden State.

McHose proposed the legislation late in the 2011 legislative session, but it never got out of committee. The newly filed bill, “renders the federal Patient Protection and Affordable Care Act, Pub.L.111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, Pub.L.111-152, and any federal rules and regulations adopted pursuant thereto, null and void and of no force and effect in the State of New Jersey.”

A861 not only voids the insurance mandate, the focus of most health care freedom legislation and legal action. It takes the next step and declares the entire act null and void within the state of New Jersey. The bill itself provides the rational for nullification, based on the Tenth Amendment.      http://www.njleg.state.nj.us/2012/Bills/A1000/861_I1.HTM

“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 New Jersey to regulate health care as they see fit, and makes a mockery of James Madison’s assurance in Number 45 of the Federalist Papers that the “powers delegated” to the federal government are ‘few and defined,’ while those of the states are ‘numerous and indefinite.’”

A861 also has teeth. It would provide for a fine of $500 to $1,000 and a prison term of up to two years for any state official or employee convicted of attempting to enforce any provision of the health care act.

In 2011, the bill met with fierce opposition and opponents who predictably linked the principle of nullification to slavery. McHose addressed the smear in a piece she wrote last July.    http://blog.tenthamendmentcenter.com/2011/07/add-obamacare-to-nullification-movement/

“My ancestors, one of whom died fighting for the Union in the Civil War, would have approved of nullification when it was used to combat the Fugitive Slave Act in 1850.  This horrible federal law, called the “bloodhound law” by opponents of slavery, allowed the capture and return of escaped slaves even in states where slavery had been abolished.”http://tenthamendmentcenter.com/2010/02/10/the-untold-history-of-nullification/

A861 was introduced Jan. 10 and referred to Assembly Health and Senior Services Committee.

To track health care nullification legislation across the U.S.,  see this page:

http://tenthamendmentcenter.com/nullification/health-care-nullification-act/

Tell the TSA No!

Two pieces of legislation have been reintroduced in the 2012-3 legislative session of the New Jersey State Senate, and they need your support if they are to have more success than they did in the previous session. Both deal with the Transportation Security Administration’s intrusive procedures adopted at airports in the past year.

 

The first, SR12 (SR91 in the previous session), is a non-binding resolution urging the TSA to terminate its recent changes to its pat-down procedures and has bipartisan support. The Primary Sponsor is Michael J. Doherty (R-23). Co-sponsors are:

 

Diane B. Allen (R-7)

Richard J. Codey (D-27)

Steven V. Oroho (R-24)

Jeff Van Drew (D-1)

 

The previous legislative session had a similar resolution in the General Assembly (AR127), but so far there is no record of a companion bill. It is important to get this resolution reintroduced in this year’s session as well, so contact your Assemblymen/women to get things in motion there.

 

The second, S277 (S2509 in the previous session), specifies that certain images generated by body scans violate State statutes prohibiting invasion of privacy, pornography and endangerment of child welfare under certain circumstances. A federal, state or local agent found in violation of this bill if it becomes a law would not be considered immune from civil or criminal liability resulting from the creation of such an image. If found guilty, such an agent would be subject to fines, punitive damages and other “equitable relief as the court determines to be appropriate.” Senators Doherty and Allen are the Primary Sponsors, and Senator Van Drew is once again a Co-sponsor. So far, no companion bill is in the Assembly, nor was there one in the previous legislative session.

 

If your State Senators are Sponsors or Co-sponsors of this legislation, please be sure to thank them. If not, contact them and firmly, but politely, urge them to Co-sponsor SR12 and S277. Our freedom of movement is at stake.

 

To find your State Legislators’ contact information, go to the New Jersey Legislature’s site and click on “Contact Us” on the menu at the top of the screen. You will be directed to select your Municipality, which will direct you to your officials’ contact information in the Assembly and Senate.