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U.S. Says Florida Can't Opt Out of Federal Healthcare
HEALTH NEWS FLORIDA ^ | 4/23/2010 | Carol Gentry and Jim Saunders

Posted on 04/23/2010 11:58:03 AM PDT by tutstar

By Carol Gentry and Jim Saunders 4/23/2010 © Health News Florida Only hours after the Florida House and Senate voted to “opt out” of the new federal health law, the top U.S. health official said Thursday night that will not be permitted.

Without mentioning any particular state or going into detail, Health and Human Services Secretary Kathleen Sebelius said that state and local officials can vent all they want about a so-called “federal takeover” of health care. But they cannot deny their citizens access to its benefits or requirements, she told the Association of Health Care Journalists. Our eAlert subscribers read it first! “They may want to opt out, but they don’t get to opt out all of their citizens who want and need health care,” Sebelius said.

Florida has an estimated 4 million uninsured, most of whom will be covered when the Patient Protection and Affordable Care Act (ACA) takes full effect in 2014.

At least 30 states have passed state constitutional amendment legislation similar to that approved by the Florida Legislature, according to theNational Conference of State Legislatures.

Sebelius said the backlash against the ACA has been ginned up by “misinformation,” much of it deliberate. Thus HHS will be setting up an Internet site to answer frequent questions and a toll-free helpline, similar to that operated for Medicare beneficiaries. HHS staff members present at the conference said they hope to have the Internet site up by July 1 and the help desk soon after.

The opt-out measure passed in the House and Senate on Thursday, a proposed amendment to the Florida Constitution, will go before voters in the November election. The proposal says, in part, that Floridians may not be forced by law to "participate in any health-care system.''

Dividing along almost strict party lines, the House passed the proposal 74-42, and the Senate followed in a 26-11 vote. Republican supporters say the issue is a matter of freedom and preventing encroachment by the federal government.

"The fact that we have to have this debate in the United States of America is troubling and bizarre,'' said Rep. Mike Horner, R-Kissimmee.

Democrats said the proposal's supporters have spent more time trying to prevent expansion of coverage than they have on solving the state's health-care problems.

"That is the folly of this moment, and this constitutional amendment is misguided in the extreme,'' said Sen. Dan Gelber, D-Miami Beach.

The measure is primarily aimed at part of the health-reform law that will eventually require people to buy health insurance or face financial penalties --- a concept known as the "individual mandate.'' Republicans in Tallahassee and other state capitals have launched numerous efforts to allow people to opt out of the requirement since the Democrat-controlled Congress passed it last month.

At the same time, Republican Attorney General Bill McCollum has launched a separate legal battle challenging the federal law. That lawsuit is pending.

Democrats have repeatedly argued that the legislative attempts to allow Floridians to opt out of the federal law would violate the so-called "supremacy clause'' of the U.S. Constitution. That clause generally gives precedence to federal law over state law when conflicts occur.

"We should not step on the United States Constitution, and that's what you are doing now,'' Davie Democrat Martin Kiar said during the House debate today.

But supporters dispute that the supremacy clause bars the state from allowing people to avoid the individual mandate. "The supremacy clause does not say the feds control the states,'' Melbourne Republican Ritch Workman said.

Supporters also say that even if the proposal ultimately is found to violate the supremacy clause, it would remain in place to protect Floridians from future state health-care requirements. As an example, it would prevent Florida from approving coverage requirements similar to those in Massachusetts.

More broadly, however, Palm Harbor Republican Peter Nehr said it is the Legislature's duty to "step up and reassert the rights of Floridians.''


TOPICS: Breaking News; Constitution/Conservatism; Front Page News; Government; News/Current Events
KEYWORDS: 10thamendment; 111th; bho44; bowelmovement; communism; cwiiping; deathcare; democrats; donttreadonme; fl; healthcare; liberalfascism; libertyordeath; obamacare; optout; rapeofliberty; socialisthealthcare; standdown; tyranny
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The battle is on.
1 posted on 04/23/2010 11:58:03 AM PDT by tutstar
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To: Joe Brower; seekthetruth; MinuteGal

ping


2 posted on 04/23/2010 11:58:25 AM PDT by tutstar (Baptist Ping list - freepmail me to get on or ...off..)
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To: tutstar; Joe Brower

Sebelius and Hussein despise the Constitution.

They need to learn to read.


3 posted on 04/23/2010 11:59:48 AM PDT by Recovering_Democrat
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To: tutstar

Run up the Stars and Bars!


4 posted on 04/23/2010 11:59:52 AM PDT by screaminsunshine (i)
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To: Recovering_Democrat

Only the union goons can opt out!


5 posted on 04/23/2010 12:01:04 PM PDT by timestax (The so called news media is the enemy of freedom....timestax)
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To: tutstar

Then there’s that pesky piece of paper that says in Ammendment #10

“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.”


6 posted on 04/23/2010 12:01:13 PM PDT by Hodar (Who needs laws .... when this "feels" so right?)
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To: tutstar

States can’t defy federal laws? But if Philadelphia wants to deny its citizens the RKBA as written in plain English in 2A....why that’s a horse of a different color!


7 posted on 04/23/2010 12:01:38 PM PDT by 668 - Neighbor of the Beast (STOP the Tyrananny State.)
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To: tutstar
“We should not step on the United States Constitution, and that's what you are doing now,’’

No, you DemTARDs crapped all over the United States Constitution and we are taking our country back, one step at a time.

8 posted on 04/23/2010 12:02:17 PM PDT by bitterohiogunclinger (America held hostage - day 393)
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To: JulieRNR21; kinganamort; katherineisgreat; floriduh voter; summer; Goldwater Girl; windchime; ...

Florida Freeper


9 posted on 04/23/2010 12:02:26 PM PDT by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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To: tutstar

Looks like we’re heading for a showdown.

It’s gonna get messy.

It would be better if they just let the states go that wanted to not be a part of this whole load of collectivist crap,

but it’s gonna get messy, because they won’t.


10 posted on 04/23/2010 12:02:31 PM PDT by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: tutstar

Who the hell is Sebelius to say crap like this? The U.S. Constitution does not give the Feds the authority to do their commie “healthcare” gig. Therefore, it is up to the states to decide whether they want to participate or not. Da b*tch needs to go back to school and take a few civics classes.


11 posted on 04/23/2010 12:02:32 PM PDT by FlingWingFlyer (Dude! Where's my Constitution!)
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To: tutstar

There shouldn’t even be a Secretary of Health and Human Services,nor an EPA,nor a Labor Department,nor a Department of Education,nor a long list of federal usurpation of state,local, and private authority.


12 posted on 04/23/2010 12:02:40 PM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a credit card?)
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To: tutstar

The Feds come into states all the time and bully pulpit about their own favorite grinding axes. Why can’t the states who find Bummercare onerous return the favor — support politicking for candidates, nationwide, which will first starve then reform then repeal the beast?


13 posted on 04/23/2010 12:02:46 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: tutstar
but they don’t get to opt out all of their citizens who want and need health care,” Sebelius said.

Fla is trying to give its citizens the ability to choose, not take it away. Idiot.

14 posted on 04/23/2010 12:03:12 PM PDT by TangoLimaSierra (To the left the truth looks Right-Wing.)
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To: tutstar

Selibus can say anything she wants, this is states vs feds and the courts are going to decide.


15 posted on 04/23/2010 12:03:33 PM PDT by DeusExMachina05 (I will not go into Dhimmitude quietly.)
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To: tutstar

We should not step on the United States Constitution, and that’s what you are doing now,’’ Davie Democrat Martin Kiar said during the House debate today.


Where was this clown before?


16 posted on 04/23/2010 12:03:57 PM PDT by boxerblues
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To: tutstar
Association of Health Care Journalists

What's it like getting up every workday, figuring out how to trick people into enslaving themselves?

17 posted on 04/23/2010 12:04:04 PM PDT by NativeNewYorker (Freepin' Jew Boy)
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To: 668 - Neighbor of the Beast

Expect no consistency on their
support of defiance or compliance.
The only consistency they follow is if it
furthers the goals of the “anointed”.


18 posted on 04/23/2010 12:04:16 PM PDT by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: ForGod'sSake

Ping.


19 posted on 04/23/2010 12:04:48 PM PDT by Army Air Corps (Four fried chickens and a coke)
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To: tutstar

Well, I guess the Supreme Court can go home now, Sebelius has ruled.


20 posted on 04/23/2010 12:04:49 PM PDT by Madame Dufarge
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To: tutstar

They cannot deny their citizens access to its benefits or requirements?


Is that in the Constitution?

So they’re trying to protect the rights of citizens with rights that don’t exist? Do we not have a right not to fund socialism?


21 posted on 04/23/2010 12:05:11 PM PDT by boycott (CAL)
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To: tutstar

The courts will side with the bigger govt.


22 posted on 04/23/2010 12:05:22 PM PDT by GeronL (http://libertyfic.proboards.com << Get your science fiction and fiction test marketed)
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To: hoosierham

HERE HERE!!!!!!!


23 posted on 04/23/2010 12:05:27 PM PDT by SueRae
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To: Madame Dufarge

The USSC shouldn’t even be the final arbiter.

The state legislatures should be.


24 posted on 04/23/2010 12:05:30 PM PDT by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: screaminsunshine

AGREE!!!


25 posted on 04/23/2010 12:05:32 PM PDT by Renegade ("Bring it on while I still don't need glasses to shoot your eye out ")
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To: tutstar
But they cannot deny their citizens access to its benefits or requirements [...]

Seems to me that some words are missing there:

But they cannot deny their citizens access to its benefits or protection against its requirements [...]

Floridians, take note!

Regards,

26 posted on 04/23/2010 12:05:48 PM PDT by alexander_busek
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To: NativeNewYorker

Tricking people into enslaving themselves?

Free home! (Good story)
http://www.freerepublic.com/focus/f-bloggers/2498221/posts?


27 posted on 04/23/2010 12:06:12 PM PDT by listenhillary (Capitalism = billions raised from poverty, Socialism = billions reduced to starvation)
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To: GeronL

It is madness to give an agent of a contract-created entity
the final say on interpretation of the contract that created it.


28 posted on 04/23/2010 12:06:23 PM PDT by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: FlingWingFlyer

These lib people are so evil.


29 posted on 04/23/2010 12:07:41 PM PDT by Frantzie (McCain=Obama's friend. McCain & Graham = La Raza's favorite Senators)
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To: DeusExMachina05
Selibus can say anything she wants, this is states vs feds and the courts are going to decide.

Boy I am sure not putting my money on the side of the court ruling AGAINST this most historic President America has ever had and he is only trying to help the little people. I heard him yesterday railing against the big evil Wall Street bankers and financial institutions who have simple "gotten a license to take whatever they want". The is who we have been waiting for - now go make the sea level go down. /sarc

Don't ever depend on the courts to provide the answer - McCain/Feingold anyone?
30 posted on 04/23/2010 12:07:44 PM PDT by Cheerio (Barack Hussein 0bama=The Complete Destruction of American <strike>Capitalism)
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To: tutstar

The central government grows ever more authoritarian, on the march toward totalitarian.


31 posted on 04/23/2010 12:08:14 PM PDT by SharpRightTurn (White, black, and red all over--America's affirmative action, metrosexual president.)
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To: tutstar
Association of Health Care Journalists

...indirectly gets funds from Soros...follow the money...

32 posted on 04/23/2010 12:08:30 PM PDT by NativeNewYorker (Freepin' Jew Boy)
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To: MrB
Deserves saying over and over...

The USSC shouldn’t even be the final arbiter.

The state legislatures should be.


Jefferson: "“….To consider the judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men and not more so. They have with others the same passions for party, for power, and the ... See Moreprivilege of their corps…and their power is more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such tribunal, knowing that to whatever hands confided, with the corruption of time and party, its members would become despots….”
33 posted on 04/23/2010 12:09:34 PM PDT by Pantera
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To: screaminsunshine

...and the Bonnie Blue.


34 posted on 04/23/2010 12:10:03 PM PDT by Repeat Offender (While the wicked stand confounded, call me with Thy Saints surrounded)
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To: tutstar

We’ll see about that.


35 posted on 04/23/2010 12:10:20 PM PDT by Jim Robinson (JUST VOTE THEM OUT! teapartyexpress.org)
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To: MrB

You are correct. Their over-reaching agenda could blow this whole thing apart. Folks characterized Watergate as a Constitutional crises. This is THE definitive Constitutional crisis.


36 posted on 04/23/2010 12:11:06 PM PDT by major-pelham
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To: tutstar
"...the top U.S. health official said Thursday night that will not be permitted. "

Maybe it's just me, but that kind of talk sounds an awful lot like a dictatorship..."will not be permitted".

That one phrase should spur all the other states with similar pending legislation as Florida, to put it on the top of the stack to be passed immediately.

We are going to keep sitting on our hands until we are in "Chavez country", if we don't watch out.

There should be an uprising in Florida to be heard around the world. Someone with the nerve to sit on her pompous ass and try to tell the states what they cannot do. It's the Constitution that tells the Fed what they CANNOT do, and the Constitution plainly is on the side of the state.

If the Muslims, the Amish, Congress, and Unions can opt out, then so can everyone else...it's called "redistribution of priviledges".
37 posted on 04/23/2010 12:11:54 PM PDT by FrankR (Those of us who love AMERICA far outnumber those who love obama - your choice.)
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To: MrB

I agree, but I think that’s where this whole thing will end up.


38 posted on 04/23/2010 12:14:18 PM PDT by Madame Dufarge
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To: tutstar
"We should not step on the United States Constitution, and that's what you are doing now,'' Davie Democrat Martin Kiar said

Well Dumbass Davie Democrat Martin, that is EXACTLY how it is supposed to work. Don't like the way a state does business? You MOVE, you moron. That was always the intent of the Constitution, but you're so stupid you never learned that did you DDDM?

39 posted on 04/23/2010 12:14:22 PM PDT by subterfuge (BUILD MORE NUCLEAR POWER PLANTS NOW!!!)
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To: tutstar

Civil War redux on the horizon, perhaps?


40 posted on 04/23/2010 12:14:31 PM PDT by IMissPresidentReagan (Let us not get bogged down in the small squabbles; Let us get caught up in the big ideas. Palin '12)
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To: SharpRightTurn
Democrats' version of the Constitution: Blah,blah,blah...promote the general welfare..blah,blah, blah....regulate..blah,blah,...commerce....blah,blah,blah.

See?Right there is their authority in the Constitution!All those other words setting limits are just so much un-needed and out-dated.

41 posted on 04/23/2010 12:15:02 PM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a credit card?)
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To: tutstar

The arrogance of the federals knows no bounds. Once again, though it were any other way, the States are being pushed hard, individually and in groups, towards a constitutional convention.

The federal government of the United States is out of control.

Even assuming the Republicans win a tremendous victory in the next elections, things may have reached a point where because they are unable to act, all that may be required of them is to keep the federal government out of the way, as the States take control back.

There should be no fear of radicalism here, because the only thing that 38 States will agree to is that federal power must be diminished with respect to State power. And while this could mean many changes to the constitution, likely they will choose just the path of minimum change, with maximum agreement.


42 posted on 04/23/2010 12:15:56 PM PDT by yefragetuwrabrumuy
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To: IMissPresidentReagan

War for Independence III

(1861 was Rev 2)


43 posted on 04/23/2010 12:16:04 PM PDT by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: MrB

just let the states go that wanted to not be a part of this whole load of collectivist crap,

but it’s gonna get messy, because they won’t.

Because Obama won and we lost and that’s how it is to them. Screw them.


44 posted on 04/23/2010 12:16:18 PM PDT by Bitsy
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To: IMissPresidentReagan

Mr Haynesworth an Mr. Pickins, man your cannons.


45 posted on 04/23/2010 12:16:24 PM PDT by dblshot (Insanity - electing the same people over and over and expecting different results.)
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To: tutstar

They’re going over the state heads to the freeloaders themselves. Its a perversion of the Ronald Reagan method of going directly to the voters.


46 posted on 04/23/2010 12:17:51 PM PDT by RoadTest (Religion is a substitute for the relationship God wants with you.)
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To: tutstar

“..they cannot deny their citizens access to its benefits or requirements”

Citizens have the “right” to “access requirements”?
Citizen, pay up. It is your right!


47 posted on 04/23/2010 12:18:06 PM PDT by silverleaf (Karl Marx was NOT one of America's Founding Fathers)
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To: timestax

Or Muslims and Amish


48 posted on 04/23/2010 12:19:35 PM PDT by I still care (I believe in the universality of freedom -George Bush, asked if he regrets going to war.)
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To: tutstar
Health and Human Services Secretary Kathleen Sebelius Hmm. Doesn't seem to speak too kindly of having women rulers.
49 posted on 04/23/2010 12:20:20 PM PDT by newgeezer (It is [the people's] right and duty to be at all times armed. --Thomas Jefferson)
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To: tutstar

Who is John Galt?


50 posted on 04/23/2010 12:20:33 PM PDT by listenhillary (Capitalism = billions raised from poverty, Socialism = billions reduced to starvation)
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