Missouri House of Representatives bans 'Obamacare' — House bill aims to prosecute officials who attempt to enforce it

Thursday, the Missouri House of Representatives passed HB1534, also known as "the Obamacare Nullification Bill," which bans the Patient Protection and Affordable Care Act and prosecutes any federal employee who attempts to enforce it. The bill also declares the Patient Protection and Affordable Care Act to be unconstitutional. The House passed the measure with a 108 to 44 vote and the measure now heads to the Missouri Senate.

According to the Ozarks Sentinel, such a decision is usually left to the Supreme Court of the United States to decide, but the Missouri legislators took it into their own hands, adding criminal charges for any federal employee who enforces Obama’s health care act. The Ozarks Sentinel reports, "The Supremacy Clause of the U.S. Constitution, which holds that when state and federal laws come into conflict, the latter takes precedence, would likely render H.B. 1534 irrelevant. But even as a ceremonial gesture, the bill speaks loudly to the priorities of many in the House."

The U.S. Supreme Court is currently reviewing the Patient Protection and Affordable Care Act and has not made a decision on whether all or part of the act is unconstitutional.

MO Gov. Jay Nixon is expected to veto the bill if it passes the Senate and reaches his desk. But if officials add absentee votes, they expect to have enough votes to override a veto. Jack McHugh of the Mackinac Center for Public Policy writes,

According to the 10th Amendment Center, when the votes of members who were absent are added, the bill is likely to have sufficient votes in the House to override an expected veto by Democratic Gov. Jay Nixon.

Among other provisions the bill states, “The general assembly declares that (PPACA) … exceeds the power granted to Congress under the United States Constitution and therefore is not law, but is altogether void and of no force.”

Also, “Any official, agent, or employee of the United States government who undertakes any act within the borders of this state that enforces or attempts to enforce any aspect of the (PPACA) is guilty of a class A misdemeanor.”

Mriana

Mriana is a humanist and the author of "A Source of Misery". She has two grown sons and raises cats. She enjoys writing, reading, science, philosophy, psychology, and other subjects. Mriana is also an animal lover, who cares for their welfare as living beings, who are part of the earth. She is a huge Star Trek fan in a little body.

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  • tom2

    Hopefully, after our legislators override the veto, they'll extend those criminal charges to creepy kathy and her minions inside the beltway.

    • http://www.houseofbetazed.com Mriana

      Why would you want them to override a veto that would save lives?  The way I see it, those in the house who voted for this bill, are killing millions and possibly committing treason.  They all should have waited for the U.S. Supreme Court to make that decision, not take it on their own to do so, but then again, I guess we can expect this of those states on the Mason Dixon line and further south.  History repeats itself and unfortunately, I'm stuck in the middle of this State rebellion. I wonder if the first battle well be in Paducah again or if it will end up in Missouri this time.  I can only hope there are enough of us who don't like what Missouri House and Senate is doing, that come Nov. we vote the whole lot of them out of office.

      • Deborah_B

        And there's a broader implication, regardless of how the health care mandate is perceived.  Imagine if a state decides that the Civil Rights Act is unconstitutional and they decide to make it subject to criminal prosecution.  Or, since the EPA is another of the boogeymen of the right, imagine if states start declaring the Clean Water Act or the Clean Air Act to be unconstitutional and start prosecuting agencies that work to enforce those acts.

        I am not a fan of the health care mandate, but agree that the way to go in challenging it is through the federal court system.

        • http://www.houseofbetazed.com Mriana

          It's the only way to go, but personally, I rather see the U.S. look at Britain, Canada, and Australia, take what works from their socialized medicine system and form our own socialized medicine system.  Whether people realize it or not, we already have social programs, such as the police and fire depts.  Health is just as important as security and I really think we need to come up with a better system than what we have right now, because what we have isn't working.  Then again, neither is our economic system, but people are too hell bent to stick with what we have instead of trying something else, like a Resource Based Economy, believing that won't work and people would be worse off.  Others, like myself, disagree.  The whole system we have now is a mess, whatever the case.

          • trapblock

            "Those who believe that religion and politics aren't connected don't understand either." – Mahatma Gandhi

      • Shawny

        Wow, that's some monumental arrogance stereotyping all those southern states.  I doubt it ever crossed your mind that the Missouri House and Senate were voted in by a majority (who you appear not to be one of) who might actually believe they are doing what is in their best interest, protecting their liberties per the constitution as they swore to do.  They did not need to wait for a decision by the U.S. Supreme Court (nor apparently your opinion) to decide that this legislation is invasive, unfairly implemented, sold with lies and omissions, far too costly to bare and a massive federal overreach….the feds have waived whomever they wished and most have been avid supporters which begs the question why they would apply to get out if it's so great? I applaud Missouri for proactively waiving themselves by using the proper constitutional process.
         

        • http://www.houseofbetazed.com Mriana

          I live in the area, have for the majority of my life, and I find Republicans oppressive and anti-woman, among others things.  They would sooner have Biblical law with women as property.  I don't think it's stereotyping at all and no they did not take the proper Constitutional process at all.  On top of it all, to call it ObamaCare is a misnomer, because Obama's original plan was not that at all.  I know this because I campaign for Obama during the primaries and the Presidential election and not one bit ashamed of doing so, even though I received a few threats for doing so.  Blunthead, Silly Shortmind, as well as those in Mississippi, Alabama, another places on and south of Mason Dixon line aren't doing what is in the best interest for anyone, esp women.  The least MO house could have done was wait on the Supreme Court of the U.S. to make a decision before taking it on themselves.

          • Shawny

            Of course, the "anti-woman" propaganda is on sale cheap this week in the Obama camp, assuming women are not intelligent enough to see through it.  However, I am a woman so that old dog don't hunt, just like the 60's race-baiting propaganda team Obama is trying to sell.   Hillarycare, Obamacare, Socialized medicine, s.s.d.d.  The majority of Americans, on both sides of the aisle know what it is no matter what new label gets slapped on it and have rejected it.  Women would like to choose their own health insurance too.    Both Virginia and Arizona legislatures have just passed laws nullifying the new NDAA indefinite detention law and other states are in the process of nullifying Obamacare.  The Supreme Court is appointed by the Executive branch of a federal government which does not wish to recognize the very limited and specific powers delegated to it by the 10th amendment to the constitution, however, nearly half of the states are now involved in challenging that federal overreach, which isn't far from the two thirds vote it would take for a constitutional convention to end their power grab permanently.   Oh, and I'm not a Republican, I used to be a REAL Democrat, and that's how I know Obama isn't one.  He is a proven liar though. 

            • http://www.houseofbetazed.com Mriana

              Um… it is anti-woman to attempt to illegalize abortion, deny them health care, as well as contraception, and keep them in low paying jobs, if they even try to work.  Everything the Republican Religious Reich has done is to control women and turn them into chattel, just as that stupid Tenth amend… Er… Um… Tenth Commandment commands.  It is shear ignorance and blindness not to see that.

              Race baiting propaganda?  Really?  I spend a whole campaign hearing racism.  It's hardly propaganda and saying it is another Reich tactic to oppress others too.

              Socialized medicine is a good thing, which many in Canada, Britain, and Australia appreciate.  To say many on both sides of aisle have rejected it is dishonest.  The majority have asked for it, including my own mother who would love to see me have her Medicare, as well as many other people.  To cut or slash it, is discriminatory to our aging population and to say it is running out or whatever is a lie.

              If you are a Democrat, you must be a Blue Dog.

              • rhcrest

                Abortion is anti woman? How about anti child?

                • http://www.houseofbetazed.com Mriana

                  Maybe I should put it another way, not allowing a woman to have a choice, esp when it concerns her health, is anti-woman.  Every woman must have that option, esp if she's been raped or her life is endangered from the pregnancy.  To do otherwise is to be anti-life, not pro-life.  Pro-choice, is IMO, pro-life.

      • tom2

        You're stuck in a narrow mind.  You're stuck in a fear of self-reliance.  You're stuck in the now passe hatred of Bush.  You're stuck in a hatred of a constitutional republic instead of your pure democracy that permits a majority to do away with guaranteed rights.  You're stuck in a worship of Obama's version of communism.  You're stuck in a refusal to admit that socialism simply is slightly less wealth redistribution than the radical communism espoused by the current administration.  You're stuck because you believed all that progressive propaganda and now cannot recognize reality.  The reality is most Americans have had a belly full of your version of what's good for us.  In November, most of us plan a massive reversal of your communism-light.  We will vote for smaller government, smaller taxes, fewer entitlements, more people who work, fewer regulations, more prosperity and all the rest that comes with the proven free enterprise system guaranteed by our Constitution.

  • http://twitter.com/xthred xthred

    Awesome.

  • gregoryvii

    Who are those 44 who voted against it?  Remember in November!!!

    • Shawny

      Likely socialists who think that the socialist healthcare systems in Canada, Australia and Britain are better than here in the U.S. (for others of course, certainly not themselves so none of them will be required to participate in Obamacare) There are many in the U.S. Congress who need to be voted out for the same reason.  Socialism is the Communist's vision for this country and as we all know from history time after time it has been a disastrous failure.  The sooner we remove the subversives from our leadership the better.  Their beliefs are in direct conflict with American values and should have precluded them from ever taking an oath of office to defend the Constitution and this form of government.  For those who did it was a lie and a betrayal of the public trust. 

      • http://www.houseofbetazed.com Mriana

        Socialism is NOT Communism.  They are two different systems of government and there is nothing wrong with Socialism.  Any form of government, including a democracy can be corrupted, esp in the hands of humans.  In fact, our own system of government has been corrupted lately, esp by Republicans who abide by the Religious Reich.  The subversives, IMO are the Republicans and there in lies the problem with politics.  Nobody can agree.  What is worse is having religion in politics, which corrupts the First Amendment.  I hardly think "their beliefs" are in conflict with the Constitution.  What is in conflict is the Religious Reich and Republican's beliefs.  American values were original secular values, not religious government values.  The Constitution is not being defended when the Religious Reich gets involved and far too often they have been involved.  Socialism would be better than Theocracy IMO.  ObamaCare would be better than Politicians being in my doctor's office when I see her and currently, the Democrats look better than the Religious Reich Republics to me and IMHO, they are doing a better job then the Republicans who will not allow reform. The 44 who voted against it, have my vote next election, as well as those who voted for women's health care.

        • Shawny

          Spare me your deliberate whitewash.  What I said was that Socialism is the vision of the Communists…..and I didn't make it up…but then you know that.  The CPUSA website says exactly that in big proud letters.  http://www.cpusa.org/
          Of course, just like Obama running as a Democrat, you have to call it something else to get anyone to buy it.  But that's ok, lying is in the protocols……or should I say Manifesto.  I'd actually prefer to have the conversation openly, on the merits, but Socialists and Communists would rather insult our intelligence, try to confuse us with relabeling and with bait and switch B.S. instead.  It's tiresome.  The fact is if Obama had run honestly as what he is he would have been defeated, rejected and we would not be having this conversation. 

          • http://www.houseofbetazed.com Mriana

            Nothing is deliberate or a whitewash in what I said.  However, I don't bother with listening to Right Wing paranoid rubbish either, despite writing about it sometimes.  I also read a variety of different views, including Socialists and Communists, but that does not mean they are the exact same thing. They are not.  Democratic Socialists and the Communist Party are two different parties and not the same thing.

            • Shawny

              I usually don't listen to deluded individuals trying to parse Socialism into something other than what it is.  Since the Communist Party U.S.A. does not consider Democratic Socialists or Progressive Democrats as  having different goals than theirs, I don't know why anyone else should.  I guess you would like to convince others there is some "Communist Light" version which is preferable to a constitutional republic.  History has proven otherwise at the cost of millions of lives.  Oh, and it isn't paranoia if someone actually is trying to subvert your way of life. 

              • http://www.houseofbetazed.com Mriana

                As I said, any system of government can be corrupted in the hands of humans.  Even our own current system has bee corrupted by the Religious Reich forcing their view into our society and attempting to make this nation a theocracy.  I too do not usually engage people who make a habit out of trying to intimidate people who support Obama, as well as other Democrats, like Pelosi, McCaskill, Bernie Sanders, Jay Nixon, etc.

                As for deluded, it seems to me that when one screams "MINE!" and spout the Bible as law, they are deluded in some way.  There is no light in that, that is for sure, but this "Communist Light" version you speak of, I have no idea.  I do get tired of the paranoid propaganda though.  I seriously doubt Socialism or Communism will take over the nation, but sadly I fear the nation will become a very dangerous and deadly Theocracy, probably just as, if not more, deadly than anything the Nazis ever did.

                Nobody is trying to subvert your way of life, though, therefore it is paranoia, which is perpetuated by Right Wing Yellow Journalism propaganda. 

            • Shawny

              Obama, is NOT a Democrat.  He ran on the New Party ticket to be elected to the Senate, not as a Democrat.  He knows how to campaign like a Democrat and fake it for the masses but his policies, executive orders, appointments are Socialist. And again, I never said they were the exact same thing.  I said that the Communist vision is Socialism.  I'm not interested in all the different flavors it might come in because even if you cover it in chocolate it's still historically proven to be crap.  How many more dead will you require for proof?

              • http://www.houseofbetazed.com Mriana

                Good.  We need a new party.  One that is more humane.

                People will die if the Republicans get their way.

                • oboy

                   Ummmmm, last time I looked, people die all the time!  

                • granny983

                  and billions more  human babies will die if dems get their way.

            • Regligious Right

              Did you just get off of some spaceship?? Socialism, runs it's course right into full fledged
              Communism. Oh..that would be HOPE AND CHANGE for you!!

            • granny983

              Wake up Mriana..Obama is a Marxist..always was and always willl be..by their fruits you will know them..also..by their associates.

        • DK

          You obviously have never lived under National Health Care. I have in the United Kingdom and still have close friends who are dealing with that system.  It was terrible and so poor compared to our current system.  Yes, we need to make some changes,but not giving the government complete control.  You will regret it if you do, believe me I have first hand experience!

          • http://www.facebook.com/profile.php?id=1187672692 Michael Sunday

            The ACA does not give the government complete control, genius.

          • http://www.facebook.com/profile.php?id=1187672692 Michael Sunday

            The ACA does not give the government complete control, genius. It is the Republican solution to healthcare.

        • religious right

          Mriana, you are an idiot!!  Obamacare is the law that puts faceless
          unelected  bureaucrats in your doc's office. Those non medical bean counters will make your health care calls. And those calls will be based on how your life's value fits into their matrix.
          WAKE UP!!! 

          • http://www.houseofbetazed.com Mriana

            It's amazing how the Religious Reich turns the tables and tries say that exactly what they are doing is what the other is really doing.  Have you read the news?  I didn't think so.

            • granny983

              you Mriana are a feminazi..who would deny free speech, religious freedom and anyone whose opinion differs from yours..you are young and ignorant thanks to the commie educators today..you are taught how and what to think..follow the leader or simon says..what does the cult of hollywood say?…You do not have an open mind..you do not think for yourself..you are a left wing zombie and you will have much to answer for in the coming future..if not in this life but in the next…and may God have mercy on your soul.

          • Alex Hamilton

            Those unelected bureaucrats are already in your doc's office, and they're already making your health care calls. They're called insurance companies. The real problem is that they're making those calls based on what's most profitable for them, not what's best for you. We need something to keep the insurance companies from dropping you when you get sick, refusing to insure you due to pre-existing conditions, or pricing you out of the market. That's what the Affordable Care Act does — it regulates the carriers so that they have to pay more attention to the best interest of the patient, instead of their own bottom line.

        • granny983

          socialism is communism..same thing..verbal engineering before social engineering…and with obamacare..you may never get to see a doctor..DK  is correct re. national health care. I have done a study of this national healthcare in Ireland in 1993..I know the truth..if you are over 50..you are on your own..Also note..what is free is not valued..you may end up waiting so long for needed health care that you will die before you get it. Beware of the wolves in sheep's clothing.

      • http://www.facebook.com/profile.php?id=1187672692 Michael Sunday

        Sorry, but you're an ignorant fucking moron.

  • http://www.houseofbetazed.com Mriana

    You know, it never ceases to amaze me how when one person desires to share basic needs, resources, people scream "MINE!" via words like "Socialism" and "Communism", as thought they were 3 years old.  I grew up an only child, but I like to share and I believe in sharing the resources, esp basic needs.  That's what my family does- share our resources, and it is our way of life, but go ahead and live the way you want.

    I don't know how many responding to this are Xians, but I have news for those Xians who scream "MINE"- the character you call Christ was socialistic, maybe even communal, and not once did he scream "MINE!" when resources were scarce.  He shared two fish and five loaves of bread with 5000 people.  You call the story a miracle, thinking that it actually happened, but it's just a story.  However, that is socialistic, if not even communal.  That is just one of many such stories in your book, including the OT.  The men and women wandering around in those stories, lived tribally, but they shared resources.  Then again, Xians also worship blood thirsty, barbaric killing, called the Crucifixion, namely the character who did share, so I guess it should not surprise me.Secondly, if you think social programs are such a failure, take a good look at Capitalism.  It's crumbling right before our eyes, yet those who adore it refuse to see it, insisting it works with an extremely strong "MINE!" mentality.  Hating those who desire to share resources to the pointing of acting as though they wish to do harm, if not even kill. In the end, I often wonder who will survive, esp without the help of those who desire to share.

    I'm not saying Obama's idea is the best or that Socialism is the answer, I'm just saying sharing resources may, in the end, be the answer to the economic problems we have today.  That and our fire dept and police dept are social programs, which we all pay with taxes, yet no one seems to have an issue with that, but boy do they want to take Grandma's Medicare way from her, saying it's running out and we need that money for war.  The Shrub did a lot of taking from Grandma, to pay for his little wars in the Middle East.

    That is all I have to say on the matter and the Reich can say all the tripe they want.  I personally am going to just ignore it all.

    • Woaknight

      First,i would like to say that I am a huge fan of the original Star Trek series.It was grounbreaking,to say the least.But..beyond that…FACT1/only 1-2% of abortions are performed because of incest or rape,or possible complications that may endanger the mothers health.All others are basically premeditated murder.If you dont want to become pregnant,dont have unprotected(risky)sex.Kinda simple.Fact2/Whether you have a belief in a higher power or not,any society that permits the wholesale slaughter of its unborn future,is doomed to fail.Read some history.FACT3/The vast majority of abortions have nothing to do with womens health issues,they just dont want to be pregnant/bear a child because its all about them not wanting to be "sick".(refer to fact#1)FACT4/The overwhelming majority of abotion clinics are in,or in close proximity to low income areas.I wonder why?I could go on,but its probably useless.No,actually,I KNOW its useless.So now you can start slapping labels on this comment.Religious right winger,teabagger,Neo-con,Republican,whatever.Obamacare is un-Constitutional,PERIOD.It is the Federal Government forcing you to buy a product that the majority of the country doesnt want.Theres your precious democratic"socialism"at work.Get it?Read the Constitution.Even if the majority wanted Ocare,its still un-Constitutional.And by the way,Hitlers party,the NAZI party,remember them?NATIONAL SOCIALIST PARTY. "the worst thing is,every time we vote,we still end up with the damn government"  ANON

  • Alex Hamilton

    This bill is blatantly unconstitutional. State legislatures simply do not have the power to negate federal law by criminalizing its enforcement. That's not even a close question. The Supreme Court has addressed this issue a number of times, and it's absolutely clear that the state legislatures can't negate federal law. Period. It's amazing that so many Missouri legislators have so little regard for the Constitution that they voted for this bill. What kind of craziness have we sunk to, when legislators insist on passing clearly unconstitutional laws?

    • http://www.houseofbetazed.com Mriana

      Well said, Alex Hamilton.  I think we've sunk to Fascism, possibly anarchy.

      • granny983

        you are the fascisit ..you would murder innocent human beings for the sake of sex for fun and games..murder is murder..and I for one will not pay for your excesses ..pay for your own crap..your body..my money..keep them separate.

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