As the multitude of mandates contained within the ObamaCare behemoth begin breathing down the necks of Americans, state legislators across the country are proposing bills to protect citizens from being subjected to the healthcare law’s unconstitutional provisions. These bills are also designed to restore the walls of sovereignty that protect states from an overreaching federal authority.
In Indiana, for example, State Senator Phil Boots has offered a nullification bill that would prohibit the enforcement of ObamaCare (officially called the Patient Protection and Affordable Care Act) in the Hoosier State.
Provides that any federal act, order, law, rule, regulation, or statute found by the general assembly to be inconsistent with the power granted to the federal government in the Constitution of the United States is void in Indiana. Provides that a resident of Indiana has a cause of action to enjoin the enforcement or implementation or the attempted enforcement or implementation of a federal act, order, law, rule, regulation, or statute declared void by the general assembly. Provides that a plaintiff who prevails in such an action is entitled to reasonable attorney’s fees and costs.
The general assembly finds the following:
The people of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes as set forth in the Constitution of the United States and for nothing more.
The Tenth Amendment to the Constitution of the United States defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all powers not delegated to the federal government in the Constitution of the United States are reserved to the states respectively, or to the people themselves.
Unlike similar statutes passed by other state legislatures, the Indiana bill criminalizes the enforcement of ObamaCare, declaring state or local compliance with unconstitutional acts of the federal government a felony. The relevant section of the nullification bill reads:
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