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With Republican Governor C.L. “Butch” Otter’s signature Wednesday, Idaho became the second state to enact a new law aimed at nullifying the federal government’s unconstitutional healthcare “reform” in what analysts are calling a significant victory for state sovereignty.
The ‘Idaho Health Freedom Act’ shields Idahoans from federal insurance mandates while requiring the state Attorney General to sue the federal government if healthcare “reform” being pushed by Democrats in Washington is enacted. Idaho’s bold stand also loudly re-asserts the sovereign states’ right to govern themselves as they see fit, sending a powerful message to Washington that its days of spewing forth unconstitutional legislation and mandates against the states may soon be coming to an end.
“Congress and the White House are working out their scheme for pushing through a healthcare ‘reform’ bill that has more pages than the U.S. Constitution has words,” charged Governor Otter in a news release. “I guarantee you that not a single member of the House or Senate has a complete understanding of that legislation any more than they understood all the implications of the USA PATRIOT Act back in 2001. What the Idaho Health Freedom Act says is that the citizens of our state won’t be subject to another federal mandate or turn over another part of their life to government control.”
The bill passed overwhelmingly through the legislature; 52 to 18 in the Idaho House and 24 to 10 in the state Senate. And its supporters were adamant. "How can somebody mandate us because we're breathing to buy health insurance?" wondered Republican Jim Clark, one of the House bill’s co-sponsors. "Now we're saying in code: We're not going to stand for that."
In the Idaho Senate, the bill had equally passionate backers. “This is a sad day that we as a state need to bring forward this legislation to protect ourselves from an overreaching government. We have really changed as a nation in 220 years. People used to come into Ellis Island dirt poor, nothing but the clothes on their back. And their attitude was ‘give me freedom, that’s all that I ask.’ And they were happy for it. Today, we want the government to feed us, we want them to guarantee us medical care,” said state Sen. Monty Pearce, who according to the Idaho Reporter was responsible for guiding the bill to passage.
“I’m proud of the state of Idaho that we would consider legislation like this,” added Pearce. “We’re saying we’ll be independent. We don’t need you. We’ll take care of ourselves. And we can do a better job of doing it.” Some analysts cited in the media said the legislation was simply a re-election ploy by law makers. But regardless of the motive, Idahoans are reportedly cheering their state government and anti-“ObamaCare” activists across the nation are celebrating with them.
The Idaho law is part of a nationwide state-level sovereignty battle against continued unconstitutional federal power grabs. Numerous other states are considering similar legislation — at least 37, in fact. Virginia recently became the first state to pass a “health freedom” bill, sailing through both legislative houses and finally becoming law without the governor’s signature.
The national effort is being coordinated and pushed by several non-profit organizations. But one in particular — the American Legislative Exchange Council (ALEC) — is helping lead the charge. The group, which according to its website promotes limited government, free markets and federalism, drafted the model “health freedom” legislation used by Idaho and other states.
“Control over our own individual health care choices is something most Americans take very personally,” said ALEC’s Health and Human Services Task Force Director Christie Herrera in a press release. “It is not surprising that so many state legislators are eager to pass legislation to protect their constituents from any health care mandates, either from the state or federal government.” She also noted that the mandates being pushed by Congress were unconstitutional.
The establishment media has already dutifully sought out “constitutional experts” who claim the “supremacy clause” means the states must submit to any and all federal statutes, no matter how unconstitutional or absurd. "That language is clear that federal law is supreme over state law," Stanford University Law School’s David Freeman Engstrom told the Associated Press. "So it really doesn't matter what a state legislature says on this."
But of course, this is nonsense. First of all, there is no constitutional authorization for federal meddling in healthcare, which means the Tenth Amendment reserves those powers for the states or the people. Secondly, the federal government does not have the power to force individuals to purchase any good or service. There is also the purported requirement that states create “exchanges” through legislation, another power the federal government was never granted under the Constitution. The Wall Street Journal even made the case that federal “reform” could be unconstitutional under the Supreme Court’s “right to privacy.” The House’s devious plan to “deem” the “reform” passed is also raising serious constitutional issues.
The battle between the people of the several states against a federal government which knows no bounds to its power is becoming increasingly fierce. States across the nation are re-claiming their rightful and lawful sovereignty under the Tenth Amendment. They are passing laws nullifying federal gun statutes, national IDs, healthcare “reform” proposals and other unconstitutional rules. And the conflicts are going to intensify before the issues are finally resolved.
But state dissent is perhaps one of the best avenues to restore accountability to the monster in D.C. which refuses to obey the limitations imposed upon it by the document which authorized its existence. And indeed, states are answering the call, as documented in The New American magazine’s article entitled "State vs. Federal: The Nullification Movement." With its blatantly unconstitutional healthcare “reform,” Washington may finally add the proverbial straw which will break the camel’s back. Americans must support their state legislators in the valiant struggle against unconstitutional federal tyranny. And with Idaho and Virginia taking the lead, the time for action is now.
Alex Newman is an American freelance writer and the president of Liberty Sentinel Media, Inc., a small media consulting firm. He is currently living in Sweden and has spent most of his life in Latin America, Europe and Africa. He has a degree in foreign languages and speaks Spanish, French, Portuguese, German, Italian and a little Swedish and Afrikaans. In addition, he earned a degree in journalism from the University of Florida, with emphasis on economics and international relations.
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