Friday, March 15, 2013

Using The Courts For Nullification

I'm not sure how to respond to this nullification trend that's being talked about lately. We hear it from some governors regarding Obamacare and recently over any state or federal laws that would 'weaken' the Second Amendment.

 Montana and I think a few other states have threatened to arrest federal law enforcement officers that violate their state constitutions. Not certain if this is just pandering or serious stuff. If it is serious stuff then the states lose big time. State rights people can argue until blue in the face but they will not prevail.  All elected officials take an oath to uphold the laws of their particular state and the federal constitution. Where they conflict the federal courts ultimately decides on the constitutionality of the issue not a local sheriff nor even a governor.

Back to Obamacare. Bill Keller, wrote an op-ed piece in early February asking: "Can a corporation have a conscience? And if so, is it protected by the First Amendment?" He was addressing the stance taken by Hobby Lobby's founder, David Green, who opposes providing the so-called morning-after pill, which he deems to be a chemical abortion, to his employees. Employees can pay for it themselves, but he will not pay for the pill as required by Obamacare. This conflict unlike the sheriffs is being addressed through the courts and may end up before the Supreme Court. As Mr. Keller notes the attorney for Mr. Green states:

"'The legal case' for the religious freedom of corporations "does not start with, 'Does the corporation pray?' or 'Does the corporation go to  heaven?' … 'It starts with the owner.' For owners who have woven religious practice into their operations, he told me, 'an exercise of religion in the context of a business' is still an exercise of religion  and thus constitutionally protected."

HOBBY LOBBY 
STATEMENT OF PURPOSE

In order to effectively serve our owners, employees, and customers the Board of Directors is committed to:
Honoring the Lord in all we do by operating the company in a manner consistent with Biblical principles.
Offering our customers an exceptional selection and value.
Serving our employees and their families by establishing a work environment and company policies that build character, strengthen individuals, and nurture families.
Providing a return on the owners' investment, sharing the Lord's blessings with our employees, and investing in our community.
We believe that it is by God's grace and provision that Hobby Lobby has endured. He has been faithful in the past, and we trust Him for our future.
Post a Comment