Skip to comments.(Oklahoma) Lawmakers File "Freedom of Healthcare Choice Act"
Posted on 12/22/2009 6:38:39 PM PST by TornadoAlley3
OKLAHOMA CITY - The voters of Oklahoma will have the opportunity to preserve the existing health care system in Oklahoma under legislation sought by three state legislators.
State Reps. Mike Ritze and Mike Reynolds and state Sen. Randy Brogdon announced today that they will file legislation enacting the "Freedom of Healthcare Choice Act," allowing voters to preserve the existing healthcare system in Oklahoma regardless of congressional action at the federal level.
The legislation will allow a vote of the people to opt out of the proposed federal system.
"It's clear the overwhelming majority of Americans want the current doctor-patient relationship preserved instead of having Washington bureaucrats dictate medical decisions," said Ritze, a Broken Arrow Republican who is also a board-certified family practice physician and surgeon. "The proposals under consideration in Congress are likely to result in reduced access to a family doctor, rationing of services, or even outright denial of care if a pencil-pusher decides it is not a 'best practice.' My legislation would give the voters the ability to protect and preserve their existing health care coverage."
"The United States' health care system is the envy of the world and the people of Oklahoma should have the opportunity to maintain the top-notch care they have received while also avoiding the onerous burdens the proposed federal law would impose on working families," said Reynolds, R-Oklahoma City.
"The proposed legislation in Washington is a massive overstepping of the bounds placed on Congress by our U.S. Constitution," said Brogdon, R-Owasso. "It is time that we the people tell Congress enough is enough - and now Oklahomans will have the opportunity to do so."
Modeled on an Arizona proposal, Ritze and Reynolds' legislation would place language on the ballot to amend the Oklahoma Constitution to declare what types of health care systems could lawfully exist in the state.
The proposed constitutional amendment would
Prohibit any law or rule from directly or indirectly compelling any person or employer to participate in any health care system; Allow any person or employer to pay directly for lawful health care services without paying any penalties or fines; Permit a health care provider to provide directly purchased lawful health services without paying any penalties or fines; and Stipulate that subject to reasonable and necessary rules that do not substantially limit a person's options, the purchase or sale of private health insurance will not be prohibited. The amendment would not change what health care services a provider is required to perform or what health care services are permitted by law.
"This is an issue that could have serious consequences for all citizens and it is only right to allow voters a direct role in the outcome of this debate," Ritze said.
"I was not surprised that the Democrat-controlled U.S. Senate kept the specific language of their bill from the public and most of their members," Reynolds said. "In comparison, the language of our "Freedom of Healthcare Choice Act" will be fully disclosed as soon as it is filed, probably later this afternoon. We welcome any discussion."
Booooyah. Now that should leave a mark.
Good move. Now we need 49 more...
Excellent. That durned old Constitution! Drat!
The Tenth Amendment lives... only 50 states to go.
Woo hoo!! Way to go Oklahoma!!
Beautiful!! Tell the fedzilla monstrosity to take a flying leap. Bravo!
I am going to push for Alabama to do the same. If all the good conservative states do this, all the welfare scam artists and illegals will move to the liberal states!!
I agree but those who opt-out (as I would) will still be taxed oppressively by the government to pay for those who don’t pay for themselves.
I applaud these gentlemen and hope they succeed along with many other states but we still must defeat this bill and defeat those who voted for it next November!
This is proposed and hopefully will continue to move forward and pass.
The healthcare issue along with the rise in states passing Firearms Freedom Acts, should give us a good solid foundation to run all this liberal, political bovine scatology up the food chain and bring a nice sold 10th Amendment case to the Supreme Court.
never thought i’d say it but.....i may have to move North to.....OKLAHOMA!!!!!
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
I know. You'll say that Obamacare is not pursuant to the Constitution. But under the Constitution, who gets to decide? The Congress will pass it. The president will sign it. So your last hope will be the SCOTUS, from which there is no appeal. I'd like to see how the court would fashion a decision that Social Security--retirement insurance we are forced to buy--and Medicare---health insurance we are forced to buy, are Constitutional, but this isn't. You think they're going to overturn Social Security and Medicare? Fat chance.
Therefore, I believe this act will be Constitutional, as decided by the powers granted in the Constitution to the three branches. The states can piss and moan all they want, but no law will stop it. It will take all out rebellion.
If that's the course they want to take, that's fine by me. The sooner we get out from under the Constitution, the better. But stuff like this is grandstanding.
We are truly a red state. When you have had enough of California, come join us here, we’d love to have y’all! God Bless America.
See post #10. Fred Thompson had it right. You can’t take water from one side of the bucket without affecting the other. As long as the fed gov’t can tax and tax and tax we will pay and pay and pay.
Conservative states need to do much more than this. It’s time for a balanced budget amendment to gain traction.
Oklahoma is OK *bump*
Bless them. Some real Americans still exist.
No, the 57th hasn’t actually passed it yet. LOL
Wonder if Kalifornia will follow next? sarcasm!!
WOW! You already have the two best US Senators and now this!!!
I’m so proud and happy for Oklahoma!
I’m thinking, and it could be incorrect, that what states that pass legislation like this are trying to do is set up a Constitutional showdown with congress.
For too long congress has overstepped its Constitutional bounds and the states have rolled over and over again (thank the idiots who gave us the 17th amendment for this). Now states are begining to feel their oats. The direct conflict with these state laws and those involving intrastate guns could reset the bounds on congress.
Huck, I think your post has merit. I still would like to see this bogus lump of coal fought tooth and nail every step of the way. Has SS and Medicare been deemed Constitutional on challenge?
Do they comply with the 10th Amendment?
What is the 10th Amendment supposed to block, if not this?
“We know we belong to the land
And the land we belong to is grand!
And when we say
We’re only sayin’
You’re doin’ fine, Oklahoma!
O.K. L - A - H - O - M - A
From a New York Stater.
SS was found constitutional in a very controvesial manner. It was after FDR threatened to pack the Supreme Court with more Justices to favor his socialist programs. A switch in time saved nine.
I think a lot of this legislation at the state level is setting up a grand Constitutional show-down - as it should. I don’t buy the argument that it won’t do any good. It will show the FEDS that there is massive resistance at the state level and a state is willing to spit in their faces — and I don’t think OK will be the only state to do this as more and more people will scream at the state level when this mess starts affecting their care. The state officials will hear it first...
I’m so proud of my state!
I cannot wait to vote on this.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
It begs the question (in the original sense of the expression.) What are the powers "not delegated to the United States by the Constitution"? Without an answer to that question, the entire statement is completely meaningless. It's missing an input.
And so there we are again. Who gets to decide? If Congress passes it, they must think it's Constitutional, or at least they're willing to make the case or invent one. If the president signs it, ditto that. If the people elect and re-elect such people, they apparantly are not concerned. And so you're back to the SCOTUS, the last resort, from which there is no appeal.
So in effect, what the 10th amendment REALLY means is this:
Whatever powers the national government doesn't claim for itself, the states and the people can have.
In practice, that's exactly what it means. It's worthless. The 10th amendment was basically written by the antifederalists, who opposed the Constitution, or at best were resigned to it, but sought to make it more secure. But the 10th amendment isn't even on the level of duct tape. I don't fault them for trying. But the battle was already lost.
There’s a dance we do in Oklahoma
A dnace like you’ve never seen
Sit back and we’re gonna show ya
How to do that Oklahoma swing!
A noble effort but if the federal insurance bill passes it will destroy health care everywhere. The infrastructure necessary to maintain health care as we know it will be completely dismantled from within.
Most if not all of the Health Care Bill is unconstitutional. Reread the clause that you cited.
Ug. Thanks, I think. ;-)
Need to ask my Barton what he intends to do.
I agree that we need to do everything and try everything but the bottom line remains... We the people need to take back our government and time is running out.
If we fail to reverse course drastically in November it will probably be too late. The news covers all kinds of stories that are outrageous in principle but meaningless next to the cancer of debt and spending. We are almost a dead man walking and the numbers are beyond comprehension.
Dang, its a big state with lots of room,
but can it hold an extra 100 million people?
I’m packing my bags today and bringing my family and my stethoscope with me.
Go Boomer Sooner
Maybe this will be the rallying state for the soon to come RE - BELL - ONION.
Finally someone with some backbone!
Reread the part of my post that addresses that question.
But Huck, there are powers granted the federal government in the U.S. Constitution. Therefore things not listed, are to remain with the states.
I get your argument amounting to a fate accompli as far as what has been passed and acquiesced to, but I don’t really agree that the tenth is toothless. It’s not been enforced, respected or whatever, that’s for sure.
I am calling my State Reps in Fkorida tomorrow. This kicks ass.
Uh. The 18 powers enumerated in the Constitution. Read a little further.
P.S. If this goes through, I'm moving to Oklahoma.
This could set up a very interesting case of state vs. federal rights. It may tie up this money-and-power-grab POS dem obamanation long enough for the Republicans to take over and kill it.
Some interesting things beginning to happen. Maybe this whole healthcare debacle will be the tipping point. Hope so.
That's funny. You should read up on "commerce clause" jurisprudence. That alone with disabuse you of your fantasy about 18 powers. While you're at it, you could study up on "implied powers." That's another goodie. And finally, review who, under the Constitution, decides on the meaning and Construction of its words. If you still believe in 18 powers at that point, I can't help you.
Fellow Virginians take notice!