By JOHN MILLER (AP)
BOISE, Idaho — Idaho took the lead in a growing, nationwide fight against health care overhaul Wednesday when its governor became the first to sign a measure requiring the state attorney general to sue the federal government if residents are forced to buy health insurance.
Similar legislation is pending in 37 other states.
Constitutional law experts say the movement is mostly symbolic because federal laws supersede those of the states.
But the state measures reflect a growing frustration with President President Barack Obama's health care overhaul. The proposal would cover some 30 million uninsured people, end insurance practices such as denying coverage to those with pre-existing conditions, require almost all Americans to get coverage by law, and try to slow the cost of medical care nationwide.
Democratic leaders hope to vote on it this weekend.
With Washington closing in on a deal in the months-long battle over health care overhaul, Republican state lawmakers opposed to the measure are stepping up opposition.
Otter, a Republican, said he believes any future lawsuit from Idaho has a legitimate shot of winning, despite what the naysayers say.
"The ivory tower folks will tell you, 'No, they're not going anywhere,' " he told reporters. "But I'll tell you what, you get 36 states, that's a critical mass. That's a constitutional mass."
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7 comments:
It's unconstitutional and cannot be forced on states . Get ready for a flood of law suits !
49 more to go !
If the hospital has to patch you up or give you meds when you arrive in the ER, then you should have to possess some type of coverage to pay for it.
What about the illegals ?
"Constitutional law experts say the movement is mostly symbolic because federal laws supersede those of the states."
Not in my Constitution! Mine says, "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."
The power to force the people to buy a certain commodity is not delegated to the United States by the Constitution!
The Tenth Amendment restates the Constitution's principle of federalism by providing that powers not granted to the national government nor prohibited to the states by the constitution of the United States are reserved to the states or the people.
The 10th Amendment were crafted to protect the power and sovereignty in the states as the Anti-Federalist clearly understood the tyrannical nature of a single, federal level control. Hence Obama .
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