Silver Bullet From U.S. States Kills 'Mandatory' Obamacare

At least 36 state legislatures are considering legislation that would allow citizens to opt out of a key component of President Obama's health-care "reform" – an "individual mandate" requiring that all Americans have health insurance.

Both the House and Senate health-care bills require Americans to purchase health insurance or pay a penalty. The House bill establishes a fine based on percentage of a person's income, while the Senate version creates a penalty as a flat fee or percentage of income, whichever is higher. Those refusing to get insurance could be found guilty of a misdemeanor crime, punishable by another fine or even jail time.

"The president's proposal adopts the Senate approach but lowers the flat dollar assessments, and raises the percent of income assessment that individuals pay if they choose not to become insured," a White House plan released in February states.

As of March 4, Virginia became the first state to enact a new statute section titled, "Health insurance coverage not required." In Arizona, voters will cast ballots on a constitutional amendment in November 2010 that would "preserve the freedom of all residents of the state to provide for their own health care."

Lawmakers suggest approval of the legislation may spark a legal battle over states' rights versus the federal government's reach of power. The Boston Globe reported the measures could set the stage for "one of the greatest tests of federal power over the states since the civil rights era."

"The administration is trying to shift from a government by social compact, agreement between elected officials and citizens, to a government where the leaders tell the subjects what to do," Virginia Delegate Bob Marshall, chief sponsor of the measure in his state, told the Globe. "That is not what the American Revolution was about."

The American Legislative Exchange Council, or ALEC, has sparked nationwide interest with its model "Freedom of Choice in Health Care Act: How Your State Can Block Single-Payer and Protect Patients' Rights." ALEC warns that forcing patients to enroll in one-size-fits-all plans would cause massive increases in spending and force policymakers to ration care as a cost-containment measure.

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