From: Louie E. Johnston Jr. and the American Constitution Center
To: David Lifferth,
Subject: Mark Levin blasts Tenth Amendment Center "Kooks" deceiving Republican State Legislators in 4 States!
Date: Tue Jan 21 21:59:30 MST 2014
Body:
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Tenth Amendment Center "kooks" deceive Republican State Legislators in 4 States

 by Louie E. Johnston Jr.

January 20, 2014

 

Mark Levin calls Tenth Amendment Center "founder" Michael Boldin "a kook" and says "the nullifier kooks are neo-confederates wasting a lot of our time & diverting our focus; they're a small, fringe group"...this quote is actually posted on the TAC website!  

 

Mark Levin is the nationally renowned Constitution Lawyer, national best selling Author, and nationally syndicated radio host of  The Mark Levin Show, ranked in the Top 5 nationally with 8.5 million fans.  I am one myself.

 

Levin worked in the administration of President Ronald Reagan and was a chief of staff for Attorney General Edwin Meese, so Mark Levin is a proven conservative Constitution expert who affirms my position on TAC.

 

Mark Levin's consistent scathing exposure of "Tenth Amendment Center" lunacy should deter Republican State Legislators who embrace the "Tenth Amendment Center" or "Nullification" to the delight of laughing liberals and despair of Constitution conservatives. 

 

Directly copied from TAC ("Tenth Amendment Center") Website below, is their obvious lunacy on display, 

 

My own research exposed the "Tenth Amendment Center" is the California residence of Michael Boldin, still a full time Audio Visual equipment salesman with zero college education or training in matters of the US Constitution, but with his failed Sports Writer buddy has a nice looking website filled with inflammatory emotion  that causes misguided, misinformed, good hearted Patriots to shout "The South will rise again" and send TAC money to "further the war effort" that was settled in centuries past.  

 

Michael Boldin and his buddy use inflamed rhetoric to pocket substantial personal income by pretending to be Constitution experts.  A few deceived Legislators believe it.

 

The TAC agenda is hormonal drum beating, with no legal merit.  The first clue should be the name TAC, as no one amendment can be superior to all others AND the entire Constitution! The 10th Amendment is one part of a national contract of honor each State signed with 49 other States.  Legislators must know and follow the Constitution.

 

Below is the Tenth Amendment Center  "plan" to "Nullify Obamacare in 4 Steps", yet by their own admission NONE of the 4 Steps  "nullify" Obamacare, therefore this "plan" deceives a few good hearted Republican State Legislators who trust the "10th Amendment Center" without really knowing anything about them,  not reading closely or researching, or even listening to real experts like Mark Levin or our American Constitution Center. 

 

These "4 Steps" are ridiculous and obvious.  Step 3 suggests the State give "sales tax rebates" to citizens fined by the IRS for not obeying Obamacare.  So the IRS can zap $20,000 from citizen bank accounts for Obamacare fines, yet the 10th Amendment Center says giving "sales tax rebates" is somehow "PROTECTION FROM  MANDATES"? ...is that the kind of "protection" you want?  

 

How long would it take to recover that $20,000 using State Sales Tax rebates?  Long enough to lose everything and become Homeless.

 

How exactly does this "Nullify Obamacare" in any way?  See the lunacy claiming these 4 steps will do it?

 

TAC has drafted "proposed legislation" based on their Step One lunacy, and despite Mark Levin's constant exposure of TAC as "a bunch of kooks", a few State Legislators in 4 States have sadly introduced TAC Bills!

 

Misguided Indiana, South Carolina, Georgia and Tennessee Republicans sponsor TAC Bills despite Mark Levin's constant warnings among other Constitution experts, including our American Constitution Center.

 

I prepared a separate analysis of the Tennessee Bill SB1680 drafted by the 10th Amendment Center that is as Mark Levin says, a ludicrous and impotent waste of time against the coming Federal PPACA/IRS tsunami.

 

Judge Napolitano is outrageously misquoted by the Tenth Amendment Center without shame, as the actual video interview proves.  See for yourself at THIS LINK...  http://benswann.com/video-judge-napolitano-on-scs-anti-obamacare-bill-if-enough-states-do-this-it-will-gut-obamacare/ as it is obvious that TAC distorts truth.

 

The Judge said States could legally pass law to prevent State employees from assisting Obamacare, and the Feds would be forced to pay for all implementation. Big deal!  Feds shamelessly print money by the Trillions.

 

The Judge also said "if half the population of the US were under these State laws it would "gut" Obamacare, referring only to the revenues from lost premiums, not from "nullification" which Judge Napolitano has consistently held is unconstitutional, but a few Republican State Legislators still pursue Nullification Acts.

 

Conflicting statements from the Tenth Amendment Center website...

 

"Indiana state Rep. Timothy Harman and two co-authors have introduced legislation which would "gut Obamacare" if it passes into law.

 

House Bill 1406 (HB1406) would make it so that "an agency, officer, or employee of the state shall not...engage in an activity that aids any person in the enforcement of the Patient Protection and Affordable Care Act."

 

The legislation would also ban the state and its political subdivisions from establishing or participating in a health care exchange under the federal act.

 

While HB1406 only addresses actions of the state does not interfere with any federal agents, Fox News Senior Judicial Analyst Judge Andrew Napolitano suggested that doing more wouldn't be needed. Recognizing the inability of the federal government to enforce the Affordable Care Act without assistance and participation on a state level, Napolitano said doing this in a number of states would "gut Obamacare."  

(Louie E. Johnston Jr. comment...What Judge Napolitano said was "if enough States passed these laws and prevented ½ the US population from enrolling in Obamacare, THAT revenue loss would "gut Obamacare". He did NOT say it would nullify Obamacare or stop it, as claimed by the TAC.  Also nobody is banned from "participating" in a Federal Exchange in TAC Bills...just an outrageous statement.)

 

COPIED DIRECTLY FROM THE TENTH AMENDMENT CENTER WEBSITE!

    

Model Legislation: Nullify Obamacare in 4 Steps 

 

There are four main steps that should be taken to nullify the Affordable Care Act on a state level. While each one of these steps alone won't result in a nullification of the act nationally, they're all an important piece of the puzzle. An act of resistance in one state leads to courage and doing the same in another. At the same time, some courageous types might get the notion that they can turn it up a notch and take a stronger stand in their state than you have in yours.

 

Step 1: Ban State Enforcement, Participation and Material Support

Step 2: Reject Medicaid Expansion

Step 3: Protect Residents from Mandates

Step 4: Challenge the IRS's illegal ObamaCare taxes

 

Step 1: Ban State Enforcement, Participation and Material Support

 

Passage of legislation to ban your state from enforcing, assisting, participating or providing material support to the Affordable Care Act will put it on even shakier ground than it already is. The federal government relies on state assistance to carry out the act, and this sweeping legislation would ban such participation in every current - and potential future - way. Based on the long-standing legal principle of the "anti-commandeering doctrine," even the Supreme Court has always held that states cannot be forced to implement or spend money to carry out federal acts or regulatory programs.

 

In short, this puts the implementation and cost of the ACA back in the hands of the federal government, who is barely even able to operate a website. As Judge Napolitano has recently pointed out, a number of states taking this action will have the effect of "gutting Obamacare". 

 

Step 2: Reject Medicaid Expansion

 

As envisioned by ObamaCare's authors, the Medicaid expansion would account for roughly half of the law's $2 trillion of new entitlement spending over the first 10 years. After the Supreme Court blocked Congress' attempt to coerce states into implementing it, however, 25 states refused to do so.

 

As a result, those states have already defunded almost a quarter of ObamaCare's new entitlement spending. They are also helping to increase dissatisfaction with the law among hospitals and other providers, who now won't be receiving the subsidies they were promised in return for their support.

 

If Cruz, Lee, FreedomWorks, Heritage Action, Club for Growth and the rest really want to defund ObamaCare, they should be fighting to block the Medicaid expansion in the 25 states that have already authorized it.
(via Michael Cannon @ Forbes)

 

Step 3: Protect Residents from Mandates

 

The insurance mandate serves as the cornerstone of Obamacare. Whether you call it a fine or a tax, the underlying purpose is the same: force people to purchase government approved health insurance.

 

While it may seem impossible to stop the draconian IRS enforcement arm, states can take significant steps to protect their residents by minimizing the impact of the mandate.

  •   States can create an offsetting state tax rebate to compensate citizens who choose not to purchase insurance through the federal system and get hit with the Obamacare tax/fine.
  •   States can prohibit city/county clerks from enforcing any IRS liens resulting from nonpayment of Obamacare fine/tax.
  •   States can prohibit state-chartered banks from enforcing any IRS liens resulting from nonpayment of Obamacare fine/tax.
  •   State that did not set up a state run exchange can actually block the IRS's illegal ObamaCare taxes legislatively by suspending the licenses of insurers that accept the illegal subsidies. Since no insurer would then accept one, not a single employer in the state could be hit with the employer-mandate penalties those subsidies trigger.

Step 4: Challenge the IRS's illegal ObamaCare taxes

by Michael Cannon, via Forbes:

 

34 states that have banned the creation of state-run exchanges under the ACA.  The federal act authorizes Exchange subsidies only through state-established Exchanges, not the 34 Exchanges created by the federal government, or those created in a partnership.  As a result, those 34 states that refused to establish Exchanges by law have defunded a further one-third of that $2 trillion dollars. Since those subsidies trigger penalties under both the employer mandate and individual mandate, those states have by law also exempted all of their employers and about 8 million individual residents from those penalties.

 

Unbelievably, contrary to the clear language of the statute and congressional intent, the IRS is trying impose those taxes and issue those subsidies in those 34 states anyway. The IRS is literally trying to tax, borrow, and spend more than $700 billion without congressional authorization - a more egregious example of taxation without representation than the Stamp Act. (comment by Louie E. Johnston Jr. - The Stamp Act was a 1765 British Parliament tax on the Colonies, who were British subjects at the time...not American citizens who elected Congress representatives. This is a perfect example of inflammatory nonsense by the Tenth Amendment Center.)

 

State attorneys general, employers, and individual taxpayers have so far filed four lawsuits challenging those illegal taxes. A federal judge has rejected the Obama administration's attempt to dismiss the challenge filed by Oklahoma attorney general Scott Pruitt. More than a dozen Indiana school districts filed suit alongside that state's attorney general Greg Zoeller.  If anti-ObamaCare groups really want to defund the law, they should get governors, attorneys general, employers, and their own members to file additional challenges. 

 

If your state has not yet banned exchanges, has only not implemented them by a declaration of your governor, or is running exchanges when it shouldn't, contact your state legislators to introduce the following bill to ban their creation and operation by the state.

 

BOTTOM LINE: NOTHING in the TAC 4 Steps or proposed State Legislation will stop Obamacare, by their own admission in the first two sentences above, leaving State Citizens at the mercy of the IRS.  Nothing in the TAC Bills prevents ANY State employee or citizen from buying Obamacare from the Federal Exchange.

 

Tenth Amendment Center lunacy is exposed constantly by Mark Levin and our American Constitution Center.  Republican State Legislators, you are now fully informed and aware.

 

For God Jehovah and Country,

Louie E. Johnston Jr.

American Constitution Center

 

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