Unlawful Acts of Congress Are Not Binding on the States
by Michael Peroutka, Institute on the Constitution
When the Supreme Court ruled in favor of the Federal Government and against the State of Florida regarding the imposition of Obamacare, many people seemed very surprised. But should it really surprise us when the Supreme Court (or any federal court) sides with the Federal government—especially when what’s at stake is the authority of the federal government?
Isn’t this like a baseball game where the umpire is the big brother of one of the opposing team’s players? You might get a fair call. But are you really surprised when you don’t?
Here’s something to think about: Did you know that Acts of Congress are not necessarily binding on the States?
Let me say that again. Congressional Actions are not always binding on the States. So when are they binding?
Well, simply stated, they are only binding if they are lawful, that is, when they are NOT in conflict with the Constitution and with the Law of Nature and Nature’s God. [See U.S. Constitution, Article VI, 2nd paragraph.] When they are not lawful, the States are supposed to declare them as null and void and of no effect in the state. This is the Doctrine of Nullification.
Nullification of invalid federal actions is the duty of state officials, particularly the Governor. In Maryland, for example, we look to Martin O’Malley to protect us from the unlawful collusion of all three branches of the federal government. [See the Tenth Amendment to the U.S. Constitution.]
We look to Governor O’Malley to do what the federal court should have done—to declare all aspects of Obamacare unconstitutional and unenforceable in Maryland. This is because no portion of the Patient Protection and Affordable Care Act (“Obamacare”) is authorized under Article One, Section Eight of the United States Constitution.
Mr. O’Malley, please do your duty and declare it a nullity in Maryland. Furthermore, please use the police power of the state to arrest any federal officials who seek to enforce it here.