Skip to comments.Will multiple states’ non-cooperation be too much for ObamaCare?
Posted on 11/13/2012 5:02:27 PM PST by Kolath
Will multiple states non-cooperation be too much for ObamaCare?
The answer, of course, is an emphatic yes, since by its very nature, ObamaCare is too much for ObamaCare, but individual states freedom to opt out of designing their own state-specific health insurance exchanges is turning out to be yet another flaw in the oh-so-masterful plan.
Last week, Health and Human Services Secretary Kathleen Sebelius announced that the government is extending the deadline by which states must submit their blueprints for their exchanges, meant to be tools with which consumers can shop around for insurance options, but all states must still indicate whether theyre planning on doing it themselves, forging a partnership with the feds, or letting the federal government do it for them, by this Friday.
(Excerpt) Read more at hotair.com ...
Governers & legislatures are seeing the price tag of obamacare. Deal killer.
I yesterday had a long conversation with my TX state rep to let him know I have no interest whatsoever in paying one cent of increased state taxes that might be required for TX to set up and operate an exchange. He stated that his inclination right now would be to NOT set up an exchange, but that, on the other hand, he feels some obligation to take action to make sure the citizens of Texas have access to the best possible exchange, rather than just leaving them to the mercy of whatever exchange the federal government might set up.
I also let him know that if a state acquiesces to the federal government in this situation, it will serve as a tacit recognition that the federal government does indeed have the right to impose future federal mandates on the country.
I also spoke with a staffer at my TX state senator’s office, and she indicated that the TX state legislature, which only convenes every other year, does not convene until January, and that they only meet for a period of a few months, and that she did not really see that it was very feasible that they could even create an exchange in that time if they wanted to.
I will cancel my insurance next month for the next calender year.
The plan rates are going up yet again, and really, I could get better returns in Vegas at the blackjack tables, based on my deductables and out of pocket costs before any insurance benefits kick in.
By 2014, who knows?
Are they going to imprison retired doctors and attempt to force them to provide “free health care” for the masses?
The first excerpt is a single sentence which not only clearly indicates that Congress has no power to regulate intrastate commerce, but it also states that Congress has no power to make health laws as one of the examples.
State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress (emphases added)." --Gibbons v. Ogden, 1824.And since Roberts identified Obamacare as a tax, then when Roberts actually reads Gibbons one of these days he may be a bit surprised to find that Justice Marshall had as clarified that Congress cannot lay taxes in the name of state power issues, Marshall having clarified that health issues are uniquely state power issues in the previous excerpt from Gibbons.
"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." --Justice John Marshall, Gibbons v. Ogden, 1824.So I think that Justice Roberts and the other activist justices have some explaining to do regarding their constitutionally indefensible decision on Obamacare, the 10th Amendment clarifiying that Constitution's silence about healthcare makes it a state power issue.
The bottom line about the constitutionally of Obamacare is this. Obamacare is glaring evidence that the unique, Article V (Constitution) power of the states to amend the Constitution to grant Congress new, specific powers must be the best kept secret in DC.
Move to Alabama. Our state motto is “we dare defend our rights” and we just passed a constitutional amendment that prohibits forced inclusion in federal healthe schemes, I.e., obamacare.
What a load Obamacare is. “Exchanges” indeed. All legislatures have to do is pass a law that says any company authorized to sell insurance in any other state can sell insurance in their state and allow people and businesses to form purchasing pools. Presto chango. Instant competition across all states. Bargaining power for the consumers. Federal government out of the picture. This is one of the ideas (the Republican) Congress was considering several years ago before Clintoncare reared its ugly head and politicized the whole thing.
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