States’ Rights on Trial

StatesAccording to a Fox News Report: “The Obama administration will try to persuade a federal judge Tuesday to throw out a lawsuit by 20 states that claim the president’s health care overhaul is unconstitutional.” (
20 States Prepare for Day in Court Against Health Care Law)

Good.  According to the same story, the administration has already lost a similar stunt in Virginia – claiming that the state has no legal standing.

The problem that the President and his folks face is that in order to constitutionally justify that the Federal Government has the right to impose health care, they have to reclassify the whole bill as a tax, not an individual mandate. (Obama Admin. Argues in Court That Individual Mandate Is a Tax – The American Spectator)  Yet, the Dems throughout the whole debate shouted loud and clear that this is not a new tax.

Which is it?

It is clear from the bill that there are many new tax increases to cover this monstrosity.   One example is the new requirement to file a 1099 for any purchase over $500.  (Side Effects: IRS and Businesses Unite Against Obamacare? – Hertage Foundation.)  Other silly – and expensive – taxes and mandates are to be found all over this bill.

But more than the taxes, the Health Care Reform Bill imposes – for the first time ever – a requirement that citizens of every state be required to have health care coverage.  That is where the states have their problem.

The founding fathers understood that every state is different – and thus should be forced into “sameness” only when absolutely necessary.  Thus – only the federal government can enter into treaties with foreign governments, there is no such thing as state currencies, and Washington is to provide oversight in terms of interstate commerce.  In all other areas, the states are sovereign.

What these states will argue is that according to the Constitution only a state can mandate whether or not its citizens are required to have insurance.  If a state does not require insurance – and its citizens are happy with that fact – then the Federal government has no say in the matter.  State citizens – on the other hand – are free to vote with their feet – staying in states that require health insurance – or fleeing those same states.

Which is why the Obama administration has to argue that this bill is indeed a tax – despite all that they promised.  Only by saying it is a tax – which under the Constitution is a right reserved to Congress – can they force states to comply.  Problem is, the Dems sold it as not being a tax  – a fact that the courts will not overlook.

Instead of all these court battles – let us elect folks who will repeal this bill.

Map: S Brumley

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