Clark Jolley needed an excuse for why he did not allow HB1021 to be heard in committee last week. He needed an excuse because he does not want us to know that he did not allow it to be heard because the forces that keep money in his pocket (the insurance industry) would stand to lose a lot of money if Obamacare was nullified in Oklahoma.
He got his excuse by quoting "constitutional historian" David Barton in his article Limiting an Overreaching Federal Government.
In this article, Barton states that nullification is not a solution to the overreach of the federal government because the Founding Fathers did not give the states the power to nullify federal laws.
He claims that President Thomas Jefferson did not condone nullification even though he is said to have supported it.
Thomas Jefferson himself wrote in 1798 that any power that was exercised by the federal government was considered to be null and void if that power was not delegated to the federal government by the states. He states that if a power is not delegated to the federal government and the federal government chooses to exercise that power anyway, they are in violation of the U.S. Constitution.
So whether he used the exact word nullify or not, if Thomas Jefferson did not condone nullification, why did he make such statements against the federal government?
He said these things because he knew full well that if the federal government were given free rein to enact whatever laws they wanted to, then the United States would no longer be a republic and we would be living under a dictatorship, much like the government that the Founding Fathers fought so hard to remove.
Historian or not, I think David Barton needs to do a little more research.
I think Senator Clark Jolley needs to try and come up with another excuse as to why he did not allow HB1021 to be heard in his committee. Or even better, he needs to have the balls to stand up to the insurance industry and allow the bill through his committee and onto the Senate floor for a vote.
Senator Clark Jolley, by quoting a constitutional historian seems to be trying to use the U.S. Constitution in order to back up his inaction but when studying the Constitution he must have skipped over that Tenth Amendment part.
Furthermore, whether nullification is "legal" or not is beside the point. Whether or not it is legal to tell the federal government that we, as Oklahomans, despise this health care law, is not the point Oklahoma is trying to make by passing this law.
By passing this law, Oklahoma is trying to make a statement. The statement is quite simply that Oklahoma will no longer put up with the federal government involving itself in powers that are delegated to the states and to the states alone and that we are taking our rights as a state back from them. By passing a bill in the legislature that essentially nullifies Obamacare in Oklahoma, we are making a statement on the national stage that says we reserve our right to take the Tenth Amendment back!
Senator Clark Jolley. I am on to you and your ruse. I know that the insurance industry is your back pocket. I know who funded your re-election campaign. I know who stands to lose if Obamacare is declared null and void in Oklahoma. I know who stands to gain if Obamacare is fully implemented in Oklahoma. I know why you didn't allow this bill to be heard in your committee. Your excuses do not hold water. You are not fooling me one bit.
Got any other excuses?