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State AGs Start the Road to Repealing Obamacare
Heritage Blog ^ | 3/22/10

Posted on 03/22/2010 10:17:18 AM PDT by NoobRep

As liberal groups begin plotting to spend millions of dollars to “sell” Obamacare to Americans in swing House districts, at least 12 state attorneys general are mounting an effort to stop Obamacare in its tracks on constitutional grounds.

At issue is the provision in Obamacare that forces Americans to buy health insurance or face an annual $750 fine. Richmond Times-Dispatch reports that Virginia Attorney General Ken Cuccinelli plans to sue the federal government on grounds that the mandate violates the Commerce Clause of the U.S. Constitution:

“At no time in our history has the government mandated its citizens buy a good or service,” Cuccinelli said.

Separately, attorneys general in 11 other states – Florida, South Carolina, Nebraska, Texas, Utah, Pennsylvania, Washington, North Dakota, South Dakota, Alabama and Michigan – plan to join together in filing a lawsuit as soon as President Barack Obama signs the legislation into law, according to a Jacksonville Business Journal and Associated Press reports.

In a press conference this morning, Florida Attorney General Bill McCollum said, “To fine or tax someone just for living … that’s unconstitutional. There is no provision in the Constitution giving Congress the power to do that.”

South Carolina Attorney General Henry McMaster said Sunday: “The health care legislation Congress passed tonight is an assault against the Constitution … A legal challenge by the states appears to be the only hope of protecting the American people from this unprecedented attack on our system of government.”

The Heritage Foundation’s legal scholars have documented why an individual mandate violates the U.S. Constitution, noting, “Nowhere in the Constitution is Congress given the power to mandate that an individual enter into a contract with a private party or purchase a good or service.”

That fact, however, did not stop Congress from acting outside its authority. Now, it seems, states are taking up arms to defend the tenets of our Constitution that Congress has been so quick to ignore.


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections; US: Virginia
KEYWORDS: 111th; aglawsuit; bhohealthacare; constitution; cuccinelli; obamacare; repeal
Everyone needs to be contacting their state representatives and attorney generals. Immediately.

The only thing acceptable is to repeal this monster. I will not accept having it modified and tweaked.

1 posted on 03/22/2010 10:17:18 AM PDT by NoobRep
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To: NoobRep
The only thing acceptable is to repeal this monster.

Ditto.

2 posted on 03/22/2010 10:23:15 AM PDT by mlocher (USA is a sovereign nation)
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To: NoobRep
Dude, this will not, NOT I say, "Repeal the Monster."

All this will do is repeal
.... the provision in Obamacare that forces Americans to buy health insurance or face an annual $750 fine....

Ah well, it's a start. Although how and why Health Care is a Constitutional Duty of Congress is totally beyond me.

3 posted on 03/22/2010 10:23:16 AM PDT by Kenny Bunk (Obama. He'll bring back States' Rights. In the meantime, not gonna be pretty.)
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To: NoobRep

Con Con


4 posted on 03/22/2010 10:29:34 AM PDT by CommieCutter ("You wanted the presidency, you got it, now FIX THE DAMN ECONOMY!!!!" ----YankeeReb)
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To: NoobRep

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights; that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it.




5 posted on 03/22/2010 10:32:01 AM PDT by Lady Jag (Double your income... Fire the government)
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To: NoobRep

Fla. Proposal Challenges Fed Health Care Plan

Posted: 11:18 am EDT March 22,2010Updated: 12:53 pm EDT March 22,2010

TALLAHASSEE, Fla. — Florida Attorney General Bill McCollum is already calling the new federal health care plan illegal and announced late Monday morning that he will join a federal lawsuit. He says he doesn’t think Floridians should be forced to buy health care.

VIDEO REPORT: Health Care Passes
PARTY LINES: Fla. Legislators Vote On Plan
FLORIDA FIGHT: Proposal Challenges Fed Plan

It’s the fact that so many people would be forced into coverage, a tax “simply for living” McCollum says, that makes him believe the plan is unconstitutional.

So now, before President Barack Obama has even signed the reform into law, McCollum and eight other attorneys general from around the U.S. plan to fight the new laws in court.

McCollum and the other attorneys, all Republicans, will file their lawsuit Tuesday morning. They have to wait for Obama to actually sign the legislation into law before they can protest it.

In addition to the tax McCollum sees the reforms putting on individuals, he also says the changes “manipulate” individual states into health care programs they simply can’t afford. He sees that as a violation of the Constitution’s 10th Amendment, which could put basic expenses like education at risk.

“This bill is wrong. It hurts the state of Florida. It’s unconstitutional,” McCollum said.

Critics already see the move as political posturing for McCollum. McCollum is, of course, running for Florida governor.

The health care reforms passed with no Republican support and there are no Democrat attorneys general so far on board with the lawsuit.

http://www.wftv.com/news/22908304/detail.html


6 posted on 03/22/2010 10:32:40 AM PDT by sheikdetailfeather (Patriots Are On The Move)
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To: NoobRep

B U M P


7 posted on 03/22/2010 10:33:08 AM PDT by stephenjohnbanker (Support our troops, and vote out the RINOS)
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To: NoobRep
The most effective argument against this so-called "health care" bill would have been, and is, to stop allowing it to be called what it never was.

This always was a major power grab by those who wish to "change" America from what Benjamin Franklin identified as "a Republic, madam, if you can keep it," to a tyrannical and oppressive regime run by a ruling elite.

The term "health care" was just the semantic vehicle used by the Democrats/Progressives to impose their will on American citizens, all under the guise of "helping" us. It was and is a Trojan Horse, and all of us have allowed it to be passed off as something it is not, and future generations will pay the price--losing their liberty because of it.

One friend stated this morning that she is going into town today to change her registration from Democrat because of it. She had voted Republican for many election cycles, but had not gone to the trouble to change her registration. This has accomplished that for her.

8 posted on 03/22/2010 10:34:58 AM PDT by loveliberty2
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To: NoobRep
"State AGs Start the Road to Repealing Obamacare"

This will go nowhere...obama will slide Florida and the other states some stimulus money and it will all go away.

We didn't get a "stimulus" to bail out America, we did the Stimulus to finance obama's rise to power...and it's working.
9 posted on 03/22/2010 10:41:50 AM PDT by FrankR (Those of us who love AMERICA far outnumber those who love obama - your choice.)
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To: NoobRep

I don’t see Idaho on the list. I thought they were the first ones out of the gate.


10 posted on 03/22/2010 10:42:28 AM PDT by Parley Baer
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To: NoobRep; All

State AGs may be our only hope:
http://www.freerepublic.com/focus/f-news/2475024/posts


11 posted on 03/22/2010 10:45:34 AM PDT by raptor22 (The truth will set us free)
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To: sheikdetailfeather

Thank heavens there are people that will stand up for the Constitution.


12 posted on 03/22/2010 10:46:52 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: FrankR
We didn't get a "stimulus" to bail out America, we did the Stimulus to finance obama's rise to power...and it's working.

So is the Obama-Generated Chaos!

This is pure Hegelian/Marxist/Dialectic/Alinsky. Create the crisis. Everything is a crisis, right? Tuck things up very badly, and then present yourself as the best quickly available solution, which, since you created the Tuck-Up, might even appear theoretically and somewhat plausibly correct at first glance, which glance is the only one you are likely to get, before you are shot for asking a question.

WTF, worked in 1917. Worked for Mussolini. Worked for Adolf! And with 25 million newly legitimized illegal aliens backing it up at the voting booth, it might, I say it just might, work here.

13 posted on 03/22/2010 11:15:56 AM PDT by Kenny Bunk (Obama. He'll bring back States' Rights. In the meantime, this ain't gonna be pretty.)
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To: NoobRep

>>To fine or tax someone just for living … that’s unconstitutional.

LOL! He’s nuts. Where has he been?

We have taxes and rules for virtually everything.

That horse is not only outta the barn, but over yonder hill and dale.

They better come up with something else.

And if an individual wants to opt out, he can. Just pay a fee.

And if a state wishes to do so, I suppose they could.


14 posted on 03/22/2010 11:20:01 AM PDT by swarthyguy (Join ACFANS - Alleged Conservatives For A Nanny State. www.acfans.com (Ha!)
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