That's Not The Way I Read It

"Federal law trumps state law, meaning that the measures are certain to be overturned even if they win 100 percent of the vote."

Current Gov. Brad Henry of Oklahoma

To me as a lay citizen the above statement in this instance referring to ObamaCare and Washington's right to mandate health insurance flies directly into the face of the 9th and 10th amendments of the constitution.

As written the constitution  says all powers NOT expressly enumerated by the federal government in the constitution,   are reserved  either by the states,  or by the people.

The argument invoking the "commerce clause" by the 111th Congress and Usurper Obama, as the power to mandate all citizens maintain an acceptable level of insurance is completely false. The section of the constitution where the commerce clause is found is Article I Section 8 clause 3.

Congress shall have the power ....

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

Another so called blank check clause, is the "proper and necessary" portion of Article I Section 8, clause 18.

Congress shall have the power...

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers.....

The way I'm interpreting the commerce clause, states that Congress has the power to regulate commerce between the states, not mandate it. If one state chooses not to do business with another state, the Federal government has no authority to require such trade. The same goes for a citizen. Congress does not have the authority to demand universal purchasing upon the citizenry. Regulating means to set rules and boundaries, to establish guidelines and standards. Oversight, fair trade between parties, nothing about "to regulate" can be construed to make a demand for commerce. We are free to choose what lawful good or service we will buy or sell or not buy or not sell at all.

Obama vacillates between whether ObamaCare is a tax or a mandate. Neither of which would be constitutional. Governor Henry would have us believe anything the Federal government legislates has omnipotent power over rights the States reserve or the people reserve.

What if  Obama decided in order to raise taxes, he would have a law passed saying the very air we breathe is now subject to taxation. Better yet two taxes one for the O2 we inhale and another for the CO2 we exhale.  If the States wrote a law saying such taxation was unlawful in their state and 100% of the people voted by referendum that it was so, according to Governor  Henry we would all be screwed.  Federal law trumps State Law 100% of the time according to him.

Congress has the power to tax, what's stopping them? The 9th and 10th amendments that's what. We withhold the right to breathe freely, without government infringement of any kind, to live is an inalienable right, God given, and not subject to any governmental power.  And if we should fall sick with cancer, it is our right to choose not to seek medical treatment. We don't have to take a pill if we don't want it. Obama and the 111th Congress are infringing upon our right of self determination and free will. We are responsible for our own bodies and it's state of well being, it is not for  this government or any other to try and "mandate" otherwise.

Steve