I forgot to mention that at my Tea Party event the other day, the incumbent state Senator brought up the subject of "nullification" as a way for the state to deal with not implementing the exchanges and the Medicaid expansion in accordance with the law. My daughter recognized the term right away from her recent studies. I had to look it up.
But today I see this blog post about it:
Today the issue is health care. In 1954, it was public education when the Supreme Court ruled in the case of Brown v. Board of Education. Following that landmark decision, which called for the integration of public schools, 101 of 128 congressmen from the states of the former Confederacy signed "The Southern Manifesto," which asserted that states were free to ignore federal laws and directives. Eight Southern states passed nullification resolutions declaring the unconstitutionality of the Brown decision. Several of them borrowed language directly from Civil War era secessionist Senator John C. Calhoun in doing so. This demagoguery about "tyrannical" government was accompanied by violence. African-Americans were lynched. White protestors in the South hurled sticks, rocks, and racial epithets at black students attempting to attend integrated schools. They beat up journalists and white individuals who escorted African American students to class. Churches, synagogues and homes were bombed (the Ku Klux Klan bombed so many homes in Birmingham the city was nicknamed "Bombingham").
I am hearing uncomfortable echoes of the past with the response to the June 28, 2012, Supreme Court decision upholding the Patient Protection and Affordable Care Act.
Immediately after the ruling, South Carolina Senator Jim DeMint issued a press release in which he urged states to defy the federal government by refusing to implement the Act. Since the release of DeMint's statement, governors Rick Scott of Florida, Bobby Jindal of Louisiana, Rick Perry of Texas and Scott Walker of Wisconsin have stated publicly they will not comply with Obama's health care law regardless of the Supreme Court's decision. The Tenth Amendment Center is distributing model legislation to state legislators that would nullify the law. The legislation would make it a crime for any federal or state official, agent or employee to enforce or attempt to enforce the law (they would also be subjected to civil liability). Missouri, Texas, Montana, Wyoming, Oregon, Indiana, Maine, Nebraska, Oklahoma, Idaho, New Hampshire, South Dakota and North Dakota are currently considering such bills.
The Patient Protection and Affordable Care Act is the law of the land. It was enacted by duly constituted authority. It was passed by both the House of Representatives and the Senate. It was signed by President Barack Obama. It was upheld as constitutional by the Supreme Court. There is only one place for frustrated citizens to pass judgment on the wisdom of the law; at the ballot box in November. Calls for nullification, as the Supreme Court noted in Cooper v. Aaron, render our Constitution a "solemn mockery." Such calls also embolden the actions of others who will throw the bricks, sticks, and rocks; issue the threats; and brandish the guns.
How many of us here scoff now at what was done after the Brown decision? Can you imagine separating whites from blacks in school? I can't.
50 years from now, who will say the same thing about the beginnings of universal health care? Who will say I can't imagine affordable health care was not available to everyone. Thank goodness someone was bold enough to take the first step.
Here is a link that might be useful: source of course