NORTH CAROLINA HOUSE BILL 427 – RUN AND YOU'RE DONE

THE FOLLOWING BILL IS BEFORE THE NORTH CAROLINA HOUSE:

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H 1
HOUSE BILL 427
Short Title: Run and You’re Done. (Public)
Sponsors: Representatives Faircloth, Folwell, H. Warren, and Shepard (Primary Sponsors).
For a complete list of Sponsors, see Bill Information on the NCGA Web Site.
Referred to: Judiciary Subcommittee B.
March 23, 2011
*H427-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PROVIDE FOR THE SEIZURE, FORFEITURE, AND SALE OF MOTOR 2 VEHICLES USED BY DEFENDANTS IN FELONY CASES INVOLVING SPEEDING 3 TO ELUDE ARREST. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 20-28.3 reads as rewritten: 6
Ҥ 20-28.3. Seizure, impoundment, forfeiture of motor vehicles for offenses involving 7 impaired driving while license revoked or without license and 8 insurance.insurance, and for felony speeding to elude arrest. 9
(a) Motor Vehicles Subject to Seizure.Seizure for Impaired Driving Offenses. – A 10 motor vehicle that is driven by a person who is charged with an offense involving impaired 11 driving is subject to seizure if: 12 Continue reading NORTH CAROLINA HOUSE BILL 427 – RUN AND YOU'RE DONE

North Carolina House Passes Healthcare Freedom Act

Paul “Skip” Stam

Republican Leader

North Carolina House of Representatives

House Passes Healthcare Freedom Act

Raleigh – The North Carolina House of Representatives today approved House Bill 2, the “NC Healthcare Protection Act”, by a vote of 66 to 50 on final passage.  This legislation protects North Carolina citizens from the unconstitutional mandate to enroll in health insurance or to buy medical care under the federal healthcare legislation passed last year.  Enactment of HB 2 would also make North Carolina a plaintiff with twenty-eight other states in federal lawsuits challenging the constitutionality of the “Patient Protection and Affordable Care Act”.

The House vote came two days day after U.S. District Court Judge Roger Vinson ruled the entire federal health care bill unconstitutional.  Judge Vinson’s ruling agrees with the assertions of the majority of the NC House that Congress cannot mandate individual citizens to purchase health insurance. Continue reading North Carolina House Passes Healthcare Freedom Act

JUDGE REJECTS HEALTH LAW

The Wall Street Journal
February 1, 2011

By JANET ADAMY

A federal judge ruled that Congress violated the Constitution by requiring Americans to buy insurance as part of the health overhaul passed last year, and said the entire law “must be declared void.”

With his ruling, U.S. District Judge Roger Vinson set up a clash over whether the Obama administration still has the authority to carry out the law designed to expand insurance to 32 million Americans.

A Florida federal judge on Monday ruled that a key plank of the health overhaul passed last March violates the Constitution, in a decision that could threaten the Obama administration’s ability to implement the law. Janet Adamy has details.

David Rivkin, an attorney for the plaintiffs, said the ruling meant the 26 states challenging the law must halt implementation of pieces that apply to states and certain small businesses represented by plaintiffs.

But the Obama administration said it has no to plans to halt implementation of the law. Already, it has mailed rebate checks to seniors with high prescription drug costs, helped set up insurance pools for people with pre-existing medical conditions and required insurers to allow children to stay on their parents’ insurance policies until they reach age 26.

“We will continue to operate as we have previously,” a senior administration official said. Continue reading JUDGE REJECTS HEALTH LAW

REPEAL OF OBAMACARE IN THE SENATE – HOW TO DO IT

REDSTATE

Posted by Brian Darling (Profile)

Tuesday, January 18th at 4:30PM EST

I just posted a piece on The Heritage Foundation blog, The Foundry, titled “How to Repeal ObamaCare in the Senate.” I tried to put into easy to understand terms the way for the Senate to repeal the unconstitutional ObamaCare. Although it is unlikely that the Senate will take up the House repeal measure H.R. 2 in the next few months, it is possible to bring it up later this year or some time next year if Republicans are smart.

If Senators don’t take any action when the bill is transmitted from the House to the Senate, then there is little to no chance to pass the House repeal measure. This will show that Senate Republicans are not serious about a full repeal of ObamaCare. It is possible for conservative Senators to force a vote on H.R. 2, when the time is right, if they follow two simple procedures in the Senate to protect their rights. Continue reading REPEAL OF OBAMACARE IN THE SENATE – HOW TO DO IT

CONGRESS REDISCOVERS THE CONSTITUTION

  • The Wall Street Journal
    • JANUARY 4, 2011

    The House Republican majority has said it will require members to cite the specific authority for any bill they introduce.

    If the new Congress to be sworn in on Wednesday is the tea party’s cardinal achievement so far, its most symbolic achievement will come on Thursday, when the first order of business in the House will be a reading, aloud, of the Constitution. That event alone will not bring us any closer to limited government. But it will help get a debate going that for too long has been dormant.

    Already, House Democrats are lining up to ridicule a closely related rule that the Republican majority has said it will adopt, requiring members to cite the specific constitutional authority for any bill they introduce. “It’s an air kiss they’re blowing to the tea party,” says Barney Frank, outgoing chairman of the House Financial Services Committee. Henry Waxman, outgoing chairman of the House Energy and Commerce Committee, all but dismissed any role for Congress in assessing the constitutionality of its actions: “Whether it is constitutional or not is going to be whether the Supreme Court says it is.”

    As a legal matter, Mr. Waxman is right; at least since Marbury v. Madison in 1803, the Supreme Court has had the last word on what the Constitution authorizes Congress to do. But well before that, and long after, members of Congress took it upon themselves to have the first word, often citing their oath of office.

    In 1794, for example, James Madison, the principal author of the Constitution, rose on the House floor to object to a bill appropriating $15,000 for the relief of French refugees who had fled to Baltimore and Philadelphia from an insurrection in San Domingo. He could not, he said, “undertake to lay [his] finger on that article of the Federal Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.” The bill failed. Continue reading CONGRESS REDISCOVERS THE CONSTITUTION

    OBAMACARE – CONGRESS'S MONSTROUS LEGAL LEGACY

  • The Wall Street Journal
    • DECEMBER 24, 2010

    Congress’s Monstrous Legal Legacy

    Put together like Frankenstein, ObamaCare risks coming apart at the seams.

    • By KIMBERLEY A. STRASSEL

      • The historians will long be fighting over the legislative legacy of the 111th Congress. As to its legal legacy, the only real question is whether this just-finished Democratic Congress was the most unserious in decades, or the most unserious in history.
      That much is clear from the recent ObamaCare court proceedings. Federal Judge Henry Hudson, responding to a lawsuit by the state of Virginia, last week struck down the core of the law, the individual mandate. His decision came the same week that a coalition of 20 states presented oral arguments against the health law in front of Florida federal Judge Roger Vinson. In October, Judge Vinson ruled against the Obama Justice Department’s motion to dismiss the states’ lawsuit.

      The law professors and think-tankers and media folk who initially ridiculed these lawsuits have now had to dream up sinister reasons for why they are succeeding. Judges Hudson and Vinson, we are told, were both appointed by Republicans and obviously can’t be trusted to fairly interpret the law. Some commentators have gone further, suggesting that we are witnessing a cabal of right-wing activists, lawyers and judges conspiring to kill not just ObamaCare, but the entire New Deal. If only.

      What the observers seem not to have done is read the briefs, arguments or rulings. Had they done so, they’d see a far simpler explanation for what’s going on: Congress earlier this year punched through audacious yet unvetted health legislation, a slapdash political product that is now proving to be an historic embarrassment in its legal shoddiness. The Justice Department is in fact having to play games to defend it, which has only further provoked the courts.

      And really, is that such a surprise? The Patient Protection and Affordable Care Act is one of the bigger, more complex pieces of legislation in U.S. history. Yet Democrats never gave it the respect it deserved.

      Chad Crowe

      PW1224

      Continue reading OBAMACARE – CONGRESS'S MONSTROUS LEGAL LEGACY

      WHICH REPUBLICANS SOLD OUT AND VOTED FOR THE NEW START TREATY

      WHICH REPUBLICANS SOLD OUT?

      By DICK MORRIS & EILEEN MCGANN

      Published on DickMorris.com on December 22, 2010

      With the new Republican power in Washington, it is doubly important to keep a close eye on the doings of GOP Senators and Congressmen to spot those who are straying from orthodoxy, seduced by power and the insider clubiness that characterizes Washington.

      In the Lame Duck session, we want to draw attention to six Republican U.S. Senators who voted with the Democrats on a key issue.  We should all bear their apostasy in mind and, in particular, make them mindful of the possibility of primary challenges to their re-nomination.

      Two Senators, in particular, deserve to have primary challengers take them on in 2012 — Tennessee’s Bob Corker and Mississippi’s Thad Cochran.  Both men voted for the START treaty which conceded a permanent edge in nuclear weaponry to Russia.  While the Treaty provided for equal and reduced stockpiles of strategic warheads, it did nothing to address the vast piles of tactical nuclear warheads held by the Russians.  The Russians have 10,000 of these battlefield nuclear weapons piled up in the stockpile while we have only a few hundred.

      In addition, START’s preamble blocks the U.S. from developing missile defenses, now especially important in light of North Korea’s and Iran’s expanding capacities. Continue reading WHICH REPUBLICANS SOLD OUT AND VOTED FOR THE NEW START TREATY

      ANALYSIS OF VA. JUDGE'S RULING ON HEALTHCARE

      NEW YORK TIMES
      December 16, 2010

      Can Congress Force You to Be

      Healthy?

      By JASON MAZZONE

      HENRY E. HUDSON, the federal judge in Virginia who ruled this week that the individual mandate provision of the new health care law is unconstitutional, has become the object of widespread derision. Judge Hudson explained that whatever else Congress might be able to do, it cannot force people to engage in a commercial activity, in this case buying an insurance policy.

      Critics contend that Judge Hudson has unduly restricted Congress’s authority to regulate interstate commerce, the principal basis on which the government defends the law. Some also claim that he ignored the “necessary and proper” clause of the Constitution, which allows Congress leeway to choose how to put in place national economic programs. Yet a closer reading shows that Judge Hudson’s analysis could prove irresistible to the Supreme Court and that there is a reasonable chance it will agree that the insurance mandate is invalid. Continue reading ANALYSIS OF VA. JUDGE'S RULING ON HEALTHCARE

      John Locke Foundation Morning Update

      http://designhammeragency.bm23.com/public/?q=ulink&fn=Link&ssid=315&id=dwjocqcv2a7tns466p1m9pq1u0uty&id2=73r8ah0gypbslytx4jw7ragrqerxz&subscriber_id=bekuujwswyfydfuhrvnzsirgfbvibpm&delivery_id=bqpelzicxkwhcdiccypatzfyvzfjbgo&tid=3.ATs.AqPFcw.CHHC.KHkP..LH2o.b..l.DO0.b.TQpWJg.TQpWJg.y9k_hg
      December 16, 2010 – carolinajournal.com
      Carolina Journal Exclusive

      Public Employee Pension Debt Explodes
      By Karen McMahan
      RALEIGH — If government officials were forced to apply the same uniform accounting methods that private pension plan administrators must use to calculate liabilities, experts say the funding shortfall would be five times greater than the amount being reported by state and local governments.

      John Hood’s Daily Journal

      What Health Law Brings NC
      Contrary to what President Obama promised during the health care debates of 2009 and 2010, the new law will “bend the cost curve” in health care upward, not downward.

      Headlines

      12.16.10 – Perdue asks GOP for changes

      12.16.10 – NC lottery sales down, may miss goal by $40M

      12.16.10 – Lumbee bill left out of Senate earmarks bill

      12.16.10 – Muslims want to speak to Ellmers

      12.16.10 – UNCC at the end of Lynx line

      12.16.10 – Guilford County manager’s job debated

      12.16.10 – Carolina Beach tourism fund might pay for taxes

      Continue reading John Locke Foundation Morning Update

      CORPORATIONS STILL PUSHING GLOBAL CLIMATE FUND

      Published on National Legal and Policy Center (http://www.nlpc.org)

      Corporations Push President on

      Global Climate Fund

      By Paul Chesser
      Created 12/15/2010 – 11:44

      Pepsi logoAfter the failure in Copenhagen last year for countries who hoped for a successor agreement to the 1997 Kyoto Protocol on global warming, lower expectations surrounded this year’s version of the UN Framework Convention on Climate Change in Cancun. That’s not the same as saying desires for a massive wealth transfer from developed countries to developing countries was diminished — it’s just that they went about it differently.

      One effort was to put pressure on nations to create and finance a Global Climate Fund, and the creation part was successful. As the proceedings commenced, the international poverty-and-justice group Oxfam [1] enlisted several corporations to co-sign a letter to President Obama that demanded the U.S. lead the initiative. The Hill reported [2]:

      Companies including Starbucks and Nike say U.S. officials should take the lead in creating a global climate change fund, a move that comes as some Senate Republicans are pressing the State Department to halt climate financing for developing nations.

      A corporate coalition that also includes Timberland, eBay, and PepsiCo says in a letter to President Obama that the U.S. should drive creation of the fund at the ongoing United Nations climate talks in Cancun, Mexico, calling it “imperative that the United States reassert its credibility and leadership on climate change and establish a fund at this critical juncture.”

      The letter read, in part: Continue reading CORPORATIONS STILL PUSHING GLOBAL CLIMATE FUND