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Flaws in JBS "model" nullification legislation

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  • Jon Roland
    The JBS model
    Message 1 of 1 , Apr 26, 2010
      The JBS "model" nullification legislation that is being introduced, with minor variations, in many state legislatures, has some serious flaws:

      1. The legislation contemplates provisions that are not in the Health Care Bill, which specifically forbids criminal prosecution or levies or liens to collect the "penalties" for failing to purchase insurance, but leaves it to the discretion of IRS agents to withhold them from federal government payments to the person, or take them out of tax payments first, with a remainder owing that they can claim is not the penalty but unpaid taxes.

      2. It won't work to prosecute IRS agents for tax enforcement. The cases would just be removed to federal court and dismissed. But it could trigger federal prosecution of anyone attempting to enforce such a state statute for interfering with a federal agent.

      3. IRS agents can do everything from outside the state and thus outside state jurisdiction, through private intermediaries like banks.

      4. It does not provide for legal or financial support for persons engaged in civil disobedience in response to the provisions of the state statute.

      A sound approach to nullification is discussed at http://www.constitution.org/reform/us/tx/nullification/nullcomm.htm and at http://constitutionalism.blogspot.com/2010/03/holes-in-health-care-bill.html

      These flaws and a better approach will be discussed at the meetup of the Austin Constitution group Monday, April 26, among other topics, such as the Articles of Freedom. Also see http://vimeo.com/album/216277

      -- Jon
      Constitution Society               http://constitution.org
      2900 W Anderson Ln C-200-322              Austin, TX 78757
      512/299-5001                   jon.roland@...
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