Colorado Attorney General John Suthers Declares Health Care Plan Unconstitutional

http://blogs.westword.com/latestword/2010/03/john_suthers_declares_newly_pa.php ^ | March 22, 2010 | Attorney General John Suthers

[Heartlander2]

FEDERAL HEALTH CARE PLAN REMARKS March 22, 2010

It is not part of my job as the Attorney General of Colorado to weigh in on whether the Patient Protection and Affordability Health Care Act passed by Congress yesterday is good public policy. It is however, part of my job to defend the rights of the State of Colorado and its citizens from the exercise of federal power in violation of the United States Constitution.

The U. S. Constitution gives the federal government only enumerated powers. All other powers are expressly left to the states and their people. One such enumerated power in the Constitution is the power to regulate interstate commerce. Under that enumerated power, anyone who voluntarily engages in commercial activity that affects interstate commerce is subject to regulation by Congress. So, for example, Congress may regulate people who choose to buy or sell insurance to the extent that impacts interstate commerce.

But in the health care legislation passed yesterday, Congress is attempting, for the first time in our history, to use the interstate commerce power to regulate citizens who choose not to engage in a commercial activity, by forcing them to buy insurance. Never before has Congress compelled Americans, under the threat of economic sanction, to purchase a particular product or service as a condition of living in this country. After careful analysis of the individual health care mandate and the arguments of various legal scholars, I have come to the conclusion that this expansion of federal power is unconstitutional and have made a decision to join several other state attorneys general in a lawsuit challenging the individual health care mandate.

Even the Congressional Budget Office understood the unprecedented implications of this legislation when it stated: "A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The federal government has never before required people to buy any good or service as a condition of lawful residence in the United States."

As desirable as it may be for all Americans to purchase health care insurance, the commerce clause, or any other provision of the Constitution, does not give Congress the authority to compel a citizen, who would otherwise choose to be inactive in the marketplace, to purchase a product or service that Congress deems beneficial. Such an expansion of the current understanding of the commerce clause would leave no private sphere of individual commercial decision making beyond the reach of the federal government. Congress could make any citizen buy any product or service it wanted, if buying it would be commercial activity subject to the interstate commerce clause. Such an expansion of federal power would render the 10th Amendment meaningless.

I understand that many citizens of Colorado will allege that this lawsuit is politically motivated. It is not. I am not reacting to any group or constituency. All I can do is assure all Coloradans that my decision is based on my belief that the individual health care mandate is an unprecedented expansion of the power of the federal government that could undermine the rights of the states and their citizens for generations to come.

[keepitreal]

Southers is a good El Paso County conservative!

[dennisw]

Tenth talk makes me giddy especially about CommieCare. Why should the various states take this lawlessness and abuse from a bunch of socialist hacks in DC? The tribute they extort is bad enough

[keepitreal]

I was getting worried that Colorado wouldn’t make it on the list.

The only Republican in state-wide office right now! I was upset he didn't take on Ritter in the last election - now I'm so glad he's where he is.

[tflabo]

Hit these Rats from multiple fronts and make them regret the day they ever voted for this travesty.

[Mike Darancette]

If the bill would have allowed interstate insurance they might have some say.

[SaxxonWoods]

The order to buy is the Achilles heel. The entire scheme collapses if you can simply wait to get sick and then buy insurance since you can’t be declined for pre-existing conditions.

This is already the case for the next 4 years. Companies are already making plans to self-insure employees, telling them the company will pay for checkups, drugs and tests. They then guarantee that they will buy insurance for anyone who gets sick and needs surgery or other expensive treatment. Companies can save millions a year doing this.

This stupid bill is doomed, it’s just a matter of time and pain. Maybe more of both, maybe less. Depends on the courts. The law of supply and demand is immutable. The idiot dems have just increased demand while capping prices. Guess what follows? Shortages of drugs, medical equipment and healthcare personnel at all levels. People won’t stand for that. The idiots Carter and Nixon learned this in the 70’s. Rmember “odd and even” license plate days for filling up with gas? These dumbassess never learn anything.

[RandallFlagg]

Boulder is. Downdown Denver, too.

[MileHi]

He is a hero. I hope he succeeds.

[Mygirlsmom]

It would almost shock me if the decision were not unanimous.

With demonstrated (if not declared) Commies on the court? You must be joking.

Ruth Buzzy Ginsberg knows she is not long for this world, but that would be quite the "come-to-Jesus" moment.....unanimous, no. Majority, more likely, but still not a given by any means.

[Frantzie]

Thanks! Great post. My buddy said some of the smae things. He said I will not carry insurance for my famnily anymore - if I get sick, I will sign up then.

It will destroy healthcare. We need to take that approach and mock them with disdain and prove what evil fools they are. My buddy thinks it will go back to private doctors.

[MileHi]

You thought wrong. There is only Boulder and Denver and a flood of Soros money last election. The rest of us are pissed.

[MileHi]

Remember “odd and even” license plate days for filling up with gas?

I do. I only had one old car. Just got my license and thought "just mt luck." My kids must feel the same, or will soon. My small grand kids will curse me.

[ForGod'sSake]

Colorado? COLORADO??? Go on witcho bad self!

Such an expansion of federal power would render the 10th Amendment meaningless.

Not to mention the entire Constitution. What good is our Constitution, designed primarily to keep the feral government within specific enumerated powers if the feral government gets to decide what is and is not an enumerated power? The States as a party to the compact certainly DO have a say in where the federales can go. I know Texas and a few other States will in short order tell 'em exactly where to go! Odinga and his czars need to be taken down a few notches.

Colorado has entered the room!

Please ~ping~ me to articles relating to the 10th Amendment/States Rights so I can engage the pinger.

I've stopped monitoring threads and unilaterally adding names to the ping list, so if you want on or off the list just say so.

Additional Resources:

Tenth Amendment Chronicles Thread
Tenth Amendment Center
The Right Side of Life/State Initiatives
Sovereign States
Firearms Freedom Act
Health Care Nullification

CLICK HERE TO FIND YOUR STATE REPRESENTATIVES

[MileHi]

Where was the < /i > tag?

[txhurl]

http://www.freerepublic.com/focus/news/2477264/posts?page=23

10 states line up to sue over health bill, Florida AG says

[ironwill]

GREAT NEWS!

[Windcatcher]

I want to see statutes in as many states as possible like the following:

(a) No citizen of the State shall be compelled to engage in any form of commerce, whether intra-state or interstate.

(b) No government agent, whether acting in a capacity as law enforcement or any other capacity, whether acting in the name of the State or the Federal government, shall enforce or attempt to enforce any law, regulation, or other act compelling any citizen of the State to engage in any form of commerce.

(c) Violation of (b) shall be considered a Class II Felony.

(d) The Attorney General shall prosecute any agent who violates (b).

(e) The Governor shall direct State law enforcement to enforce (b).

(f) The Governor shall direct State law enforcement to actively prevent violations of (b).

(g) Willfully ignoring violations or imminent violations of (b) shall be considered a Class III Felony.

[jcsjcm]

I’ve stated this same thing about car insurance over and over. You do not have to drive thus you are not required to purchase car insurance. I hated when different congress critters would state this analogy and it just doesn’t wash.

They were trying to talk to those that had no clue to make it sound as if it were true. Many bought it! I for one did not......

Thanks for stating it again!

[Windcatcher]

Rendell was just on with O’Reilly trying to sell this totalitarian power grab as “necessary”. Seeing as that SON OF A BITCH!!! is my governor, I can’t tell you how hard it was not to send him a nastygram. He’d just ignore it and he’s term-limited anyway.

Rendell isn’t fooling anyone. He’s always been in Philly’s pocket, and this is his way of getting free health care for the gangbangers.

[ak267]

This is just a wild theory so please take it with a ton of salt.

The demmies want single payer, but it can’t be in one swoop, so they’ll do it one step at a time.

But the drool was too much to take and they jumped the gun a bit with the mandate thing. Sooooooo, probably knowing it will be in court, maybe this is a bizar “haggel” situation.

You’re selling a TV and ask for $1,000 (knowing that’s too high....probably costs $250) so you start high haggle it down to $400. You may not get the 1k but you advance the marker a little bit forward. Oh, it will go through the courts, might get a little messy in November, but you get some things out of it while it gets “sanitized” (aka legit) from the courts.